Necessity Defense

The argument of necessity has been used by the Lobster Boat Blockade, where activists point out that their action is intended to show the world that the climate crisis is real and that bold action is required to achieve the deep emissions reductions that science says we need for a stable planet.

Jury instructions for Massachusetts courts require that “Three factors must be present for a necessity defense to apply:


 * 1) That the defendant was faced with a clear and imminent danger, not one that was debatable or speculative;
 * 2) That the defendant reasonably expected that his (her) actions would be effective in directly reducing or eliminating the danger; and
 * 3) That there was no legal alternative which would have been effective to reduce or eliminate the danger.”

In answering these three challenges, by testimony and best available expert witnesses, is offered an opportunity to get to to the very essence of the climate dilemma, to articulate why legal avenues are inadequate to address this threat, and to tell a story which emboldens and energizes the climate movement.

=Resources=
 * These are a guides for Activists and Attorneys about the climate necessity defense:
 * CLIMATE NECESSITY DEFENSE CASE GUIDE A Guide for Activists and Attorneys (Climate Defense Project, 2019)
 * The Climate Necessity Defense (Climate Disobedience Center)
 * Also see The Climate Necessity Defense: Proof and Judicial Error in Climate Protest Cases (Lance N. Long & Ted Hamilton)
 * Judge rules civil disobedience a ‘necessity’ to prevent climate change Think Progress, 28 March 2018

=Cases=
 * Kingsnorth Six trial First time the necessity defense was recognized by a judge for environmental activists in the UK.
 * Delahalle and Goinvic (France) Necessity defense recognized in France for climate change.
 * Angela Ditchfield Extinction rebellion protestor used necessity defense successfully in the UK.