Garziano

People v. Garziano

Good Law
1991 Cal. App. LEXIS 486·230 Cal. App. 3d 241·281 Cal. Rptr. 307·91 Daily Journal DAR 5869·91 Cal. Daily Op. Serv. 3669
Court of Appeal of CaliforniaMay 17, 1991B056090California1,148 words

Opinion

Opinion

Abbe, J.

May persons who commit crimes while demonstrating at a medical clinic that provides abortions, among other things, to its patients, escape criminal responsibility by invoking the defense of necessity? No.

The three appellants in this case were found by a jury to have engaged in criminal conduct while participating in such a demonstration at a family planning clinic. Appellants and their fellow demonstrators were successful in preventing the clinic from conducting its normal business during the demonstration.

Each appellant testified that his or her conduct was aimed at preventing any woman from obtaining an abortion. They claim their moral convictions on the subject of abortion justify their criminal behavior. Their avowed purpose was to impose their beliefs on all others and to interfere with any pregnant woman’s right to make her own decision on whether to interrupt the pregnancy no matter at what stage of the pregnancy. The position appellants take is that they may commit crimes with impunity because of the moral correctness of their convictions about abortion. We disagree.

When a person commits a criminal offense, he or she must suffer the penal consequences. A…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.