COMMONWEALTH V. MARKUM
541 A.2d 347 (1988)
NATURE OF THE CASE: This case involves the defense of justification, which is rarely used
and rarely successful. Essentially, the defendant is asserting that he was justified in the
unlawful conduct because it was the best option available.
FACTS: On August 10, 1985 as part of an antiabortion demonstration, several protesters
(D) pushed their way into the Northeast Women's Center, which is an abortion clinic. They
refused to leave even after the staff made repeated requests. They were finally forcefully
removed by police, but not before damaging medical equipment and vandalizing the property of
the clinic. D's assert the defense of justification. D's were charged and convicted of
defiant trespass. The trial judge refused to allow expert testimony on the defense and D's
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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