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Criminal Law Keyed to Dressler
State v. Giminski
Citation:
634 N.W.2d 604, 247 Wis. 2d. 750 (2001)Facts
The defendants, including Ronald Giminski, were anti-abortion protesters who entered the premises of a Milwaukee abortion clinic without permission. They refused to leave when requested by clinic staff and were subsequently arrested for criminal trespass. At trial, the defendants sought to present a necessity defense, arguing that their trespass was necessary to prevent the greater harm of abortions that would have occurred at the clinic. They claimed that their actions were justified because they were attempting to save human lives. The trial court refused to allow the defendants to present this defense, concluding that abortion is a legally protected activity and that legal alternatives existed for the defendants to express their views.
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