Justification is a common law defense.

When an act is justified, a person is not criminally liable
even though the act would otherwise constitute an offense.

For example,
intentional homicide would be considered a crime in most circumstances.
However, it is not a crime if committed in self defense.

Killing someone is difficult to justify.

An act that causes no harm is easy.

Joseph Robinson was accused of producing marijuana for distribution
to people who had the lawful right to obtain and use it
but did not have the wherewithal to produce it.
He caused no harm.

In California, justification may be used as a defense to any act.

The judge must instruct the jury to acquit
if the defendant proves the following facts by a preponderance of evidence.

1. The illegal act was committed to prevent an imminent harm.
2. The act did not cause greater harm than it prevented.
3. There was no adequate, available, legal alternative to the act.
4. The actor believed the act was justified.
5. The actor's belief that the act was justified is reasonable.
6. The actor did not cause the situation that justified his act.

The only way a judge can lawfully prevent a defendant
from presenting a justification defense to the jury
is if the defendant fails to show any evidence
for one or more of these six elements.

Document

Duree’s motion to include justification defense
contains convincing evidence for all of these facts.
[Read Document]

Document

Cunan’s motion to exclude justification defense.
[Read Document]

Transcript

04/13/01 – Justification Hearing.
[Read Document]