Commonwealth v. Berrigan

472 A.2d 1099, 325 Pa. Super. 242
CourtSupreme Court of Pennsylvania
DecidedJune 27, 1984
Docket1959
StatusPublished
Cited by15 cases

This text of 472 A.2d 1099 (Commonwealth v. Berrigan) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Berrigan, 472 A.2d 1099, 325 Pa. Super. 242 (Pa. 1984).

Opinions

BROSKY, Judge:

This appeal follows appellants’ convictions by a jury on charges of burglary,1 criminal mischief2 and criminal con[249]*249spiracy.3 The incident leading to appellants’ arrests occurred on September 9, 1981 when they entered a General Electric plant in King of Prussia, Pennsylvania and beat missile components with hammers. They also poured human blood on the premises. They were arrested at the factory some time later. No personal injuries occurred. Property damage apparently exceeded $28,000.4

At trial appellants did not deny having committed these actions, but sought to defend themselves by relying on Pennsylvania’s justification statute.5 While the trial judge agreed that the defense could be raised by appellants, he refused to permit them to present expert testimony to prove the defense, limiting them to their own testimony. It is this ruling that presents the primary issue before us. That is, “Did the trial court err in so limiting appellants’ evidence?” Because we believe that the court was so in error, we reverse the judgments of sentence and remand for new trial.

Before us also are questions concerning the voir dire conducted in this case, the refusal of the trial judge to recuse himself and the issuance of the criminal informations.6

In Part I of the opinion we will discuss the justification defenses applicable to this case.

In the second section we will address appellants’ allegations of error in the voir dire process. We agree with them to the extent that we, too, believe that the voir dire process should have been conducted in public and should have been conducted on an individual, rather than a group basis.

[250]*250Thirdly, we will discuss the question of whether the trial judge should recuse himself. We hold that the judge may not participate further in this case.

Finally, we will respond to appellants’ contention with which we do not agree, that the criminal informations filed against them should be quashed as not having been signed by a duly authorized district attorney.

I.

At trial appellants sought to defend themselves on the grounds that their actions were justified as being necessary to avert the harm of nuclear war. Pennsylvania law provides a justification defense at 18 Pa.C.S. §§ 501, 503, 510.

The general justification defense is set out at Section 503 which provides.

§ 503. Justification generally
(a) General rule. — Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable if:
(1) the harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged;
(2) neither this title nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and
(3) a legislative purpose to exclude the justification claimed does not otherwise plainly appear.
(b) Choice of evils. — When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

Section 501 defines the terms believes or belief as “reasonably believes” or “reasonable belief.”

[251]*251We believe, however, that appellants were required to prove the elements of a more specific justification statute, found at Section 510 which states:

§ 510. Justification in property crimes
Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:
(1) this title or the law defining the offense deals with the specific situation involved; or
(2) a legislative purpose to exclude the justificátion claimed otherwise plainly appears.

In Commonwealth v. Capitolo, 324 Pa.Super. 61, 471 A.2d 462 (1984), we held that the appellants who had tried to prove justification in defense of charges of trespass on the grounds of a nuclear power plant, were required to meet the requirements of Section 510. We so hold in the instant case in which appellant’s conduct involves damage to, intrusion on or interference with property.

In Capitolo, supra, 324 Pa.Superior Ct. 61, 471 A.2d 462, we explained that because “Section 503 contains a general principle applicable to all crimes ... it must yield to more specific formulations dealing with the particular situation posed in any concrete case.” (citing Model Penal Code, Scope of Article 3, at 1). We therefore concluded that to the extent Sections 503 and 510 are consistent, the requirements of both must be met by defendants seeking to prove justification.

As to Section 503, the rationale behind its Model Penal Code origins and the case law make it quite clear that a defendant is justified in committing a crime if and only if each of four circumstances exist. They are:

(1) The actor must believe his actions to be necessary to avoid a harm or evil to himself or to another which is greater than that harm or evil in which his conduct will [252]*252result. This subjective belief must be held honestly and sincerely. 18 Pa.C.S. § 503(a)(1).
(2) Such a belief must also be determined to be an objectively reasonable one to hold. 18 Pa.C.S. § 501.
(3) No law “defining the offense provides exceptions or defenses dealing with the specific situation involved ...” 18 Pa.C.S. § 503(a)(2).
(4) “[A] legislative purpose to exclude the justification claimed [must] not otherwise plainly appear.” 18 Pa.C.S. § 503(a)(3).

As to requirements three and four we note that neither the burglary statute nor any other section of Title 18 provides an exception or defense dealing with this specific situation. We will discuss the question of whether there exists a legislative purpose to exclude the defense, later in this opinion.

In United States v. Bailey, 444 U.S. 394, 100 S.Ct. 624, 62 L.Ed.2d 575 (1980), Justice Rehnquist, speaking for a majority of the United States Supreme Court, discussed limitations upon the scope of the common law defenses of duress and necessity. Justice Rehnquist said:

We need not speculate now, however, on the precise contours of whatever defenses of duress or necessity are available against [particular criminal] charges. Under any definition of these defenses one principle remains constant: if there was a reasonable, legal alternative to violating the law, “a chance both to refuse to do the criminal act and also to avoid the threatened harm,” the defenses will fail.

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472 A.2d 1099, 325 Pa. Super. 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-berrigan-pa-1984.