The queen v dudley and stephens case brief. The case of Queen v. Dudley and Stephens and explain its relationship to precedence and judicial discretion. 2022-12-23

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The Queen v Dudley and Stephens is a famous legal case that took place in the United Kingdom in 1884. It involved two men, Edward Dudley and Thomas Stephens, who were charged with the murder of a cabin boy named Richard Parker, during a shipwreck in the Indian Ocean. The case raised significant ethical and moral questions about the limits of survival and the rights of individuals in extreme situations.

The story began in July 1884, when the yacht Mignonette set sail from Southampton, England, bound for Sydney, Australia. The vessel was captained by Edwin Stephens and had a crew of four, including Dudley, Stephens, and Parker. Shortly after departing, the yacht encountered a severe storm and capsized. The crew managed to escape onto a life raft, but they were left adrift in the open ocean without any supplies.

As days passed and the raft drifted further from land, it became clear that the crew would not be able to survive without some form of sustenance. Dudley and Stephens decided to kill Parker, who was the youngest and weakest member of the crew, and eat his body in order to stay alive. The two men later claimed that they had acted in self-defense, believing that Parker was going to die anyway and that their own survival depended on his death.

When the life raft was finally rescued by a German vessel, Dudley and Stephens were arrested and charged with murder. The case was heard in the Old Bailey, the central criminal court in London, and generated widespread public interest and debate. The main issue at trial was whether Dudley and Stephens could be found guilty of murder when they had acted in self-defense and in the belief that their own lives were in danger.

The jury ultimately found Dudley and Stephens guilty of murder, and they were sentenced to death. However, their sentence was later commuted to six months in prison, and they were eventually released on parole. The case remains a significant landmark in legal history, as it established the principle that the necessity of self-defense cannot be used as a defense in cases of murder.

In conclusion, the Queen v Dudley and Stephens case is a classic example of the legal and ethical dilemmas that can arise in extreme situations. It highlights the complex moral questions that can arise when individuals are faced with the prospect of survival and the limits of acceptable behavior in such circumstances. It also serves as a reminder of the importance of respecting the rights of others, even in the most difficult of circumstances.

The Queen v. Dudley and Stephens

the queen v dudley and stephens case brief

For example, a hungry man is not guilty of larceny for stealing food. Lorem ipsum dolor sit amet, consectetur adipiscing elit. Tom Dudley and Edwin Stephens. Lord Bacon was great even as a lawyer; but it is permissible to much smaller men, relying upon principle and on the authority of others, the equals and even the superiors of Lord Bacon as lawyers, to question the soundness of his dictum. Their is no clause in the Constitution that says unless your a murder, you lose these rights. Nam risus ante, dapibus a molestie consequat, ultrices ac magna.

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Queen v. Dudley case brief blog.sigma-systems.com

the queen v dudley and stephens case brief

Decided cases there are none. Thirteen days later, they began to realize that their lives were in fatal jeopardy if they did not correct the situation. Under these circumstances the jury say that they are ignorant whether those who killed him were guilty of murder, and have referred it to this Court to determine what is the legal consequence which follows from the facts which they have found. None wished to perform the office of butcher; and lots again cast to provide one. Neither are we in conflict with any opinion expressed upon the subject by the learned persons who formed the commission for preparing the Criminal Code. The men consumed the flesh. Necessity will excuse an act which would otherwise be a crime.

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Regina v. Dudley and Stephens

the queen v dudley and stephens case brief

But nevertheless this is clear, that the prisoners put to death a weak and unoffending boy upon the chance of preserving their own lives by feeding upon his flesh and blood after he was killed, and with the certainty of depriving him, of any possible chance of survival. There remains the authority of my Brother Stephen, who, both in his Digest and in his History of the Criminal Law, uses language perhaps wide enough to cover this case. There is no safe path for judges to tread but to ascertain the law to the best of their ability and to declare it according to their judgment; and if in any case the law appears to be too severe on individuals, to leave it to the Sovereign to exercise that prerogative of mercy which the Constitution has intrusted to the hands fittest to dispense it. Was it more necessary to kill him than one of the grown men? Does the defense of necessity permit the killing of one person to save others? The case facts are subject to a major ethical issue involving whether it is ethical to kill a man to save three. First of conservation of life ; if a man steal viands to satisfy his present hunger, this is no felony nor larceny. They all decided to sleep on it.

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[Solved] Brief the case of Queen v. Dudley and Stephens and explain its...

the queen v dudley and stephens case brief

He would agree Dudley and Stephen were morally justified to kill Parker out of necessity and they were the ones who would have the greatest chance of living and shouldn 't be charged. Parker had fallen into a coma around the 23rd or 24th of July. That assuming any necessity to kill anybody, there was no greater necessity for killing the boy than any of the other three men. There remains to be considered the real question in the case whether killing under the circumstances set forth in the verdict be or be not murder. Summary of the Key Facts Mr.

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The Queen v. Dudley and Stephens

the queen v dudley and stephens case brief

We are often compelled to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy. Stratton and Others, striking and excellent as they are, were delivered in a political trial, where the question was whether a political necessity had arisen for deposing a Governor of Madras. They killed him regardless of his rights. Certain objections on points of form were taken by Mr. Pellentesqu lestie consequat, ultrices ac magna. INDICTMENT for the murder of Richard Parker on the high seas within the jurisdiction of the Admiralty. Lots were cast, and the lot fell on him who bad proposed it.

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Case Briefs for test #2 Flashcards

the queen v dudley and stephens case brief

But the sentence was commuted to six months in prison. The body was afterwards eaten. After twenty days, Dudley and Stephens proposed one person sacrifice himself in order to save the rest. That on the eighteenth day, when they had been seven days without food and five without water, the prisoners spoke to Brooks as to what should be done if no succour came, and suggested that some one should be sacrificed to save the rest, but Brooks dissented, and the boy, to whom they were understood to refer, was not consulted. The fact that Dudley and Stephens chose the weakest person to be the victim also does not justify that Parker could not have survived. He pointed out that both he and Stephens had wives and families, while the Parker boy was an orphan with no connections.

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The Queen vs. Dudley and blog.sigma-systems.com

the queen v dudley and stephens case brief

. It is plain that in his view the necessity which justified homicide is that only which has always been and is now considered a justification. Parker were English seamen. But by the 16th section of the Judicature Act, 1873, the courts of Oyer and Terminer and Gaol delivery are now made part of the High Court, and their jurisdiction is vested in it. The Court conviction must be affirmed. The contention that it could be anything else was, to the minds of us all, both new and strange, and we stopped the Attorney General in his negative argument in order that we might hear what could be said in support of a proposition which appeared to us to be at once dangerous, immoral, and opposed to all legal principle and analogy.

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the queen v dudley and stephens

the queen v dudley and stephens case brief

This was the practice even when, as formerly, the record was removed by certiorari: Rex v. That the sailors provided the greater good for the greater Passive Euthanasia Summary But the author argues that these two in it self has no moral importance. Kitts, when that island was possessed partly by France and partly by this country, somewhere about the year 1641. They would acknowledge that they have endured a painful loss, and that the one responsible should be punished. Much of the prevailing authority at the time spoke of necessity in terms of what is now called self-defense, i. The jury found: the defendants would probably have not survived to be rescued if they had not killed and eaten the victim.

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The Queen V. Dudley And Stephens Case Study

the queen v dudley and stephens case brief

The names of the four …show more content… '; 'Would it make a difference if Parker gave consent to be the one being killed? Dudley and Stephens defendants murdered a fellow young seaman Parker in order to save their own lives from starvation. That Parkers life was as important as their own. As to the first point, the Crown are willing that the statement that the yacht was a registered British vessel, and that the boat belonged to the yacht, should be struck out of the record. What was the point of drawing lots when he was obviously going to die? They will write your papers from scratch. Was it morally justified or morally wrong? That if the men had not fed upon the body of the boy they would probably not have survived to be so picked up and rescued, but would within the four days have died of famine. That at the time of the act in question there was no sail in sight, nor any reasonable prospect of relief.

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The Queen vs. Dudley and Stephens

the queen v dudley and stephens case brief

And for the proposition as to the plank or boat, it is said to be derived from the canonists. They started to discuss this option on the 16th or 17th of July and by the 21st the discussion had turned into a very heated argument, with no resolution in sight. However, assuming a necessity to kill someone, there was no greater necessity for killing the victim than any other man. The facts of the case were that four men who became stranded on a boat for several days after their ship capsized. At the time of this case the doctrine of necessity was still largely unexplored. The fact is so; but the objection is groundless. Our website has a team of professional writers who can help you write any of your homework.

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