Regina v dudley and stephens case brief. Theory of Jurisprudence: Regina v Dudley and Stephens 2019-01-09

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Regina V Dudley and Stephen: Case of the Shipwrenched Sailor Essay

regina v dudley and stephens case brief

Since Brooks refused to consent and as three seamen, except the boy spoke about their families, Dudley proposed to kill the Parker, since he had no family and the fact that he would die soon. The judge ruled that he was bound to direct the jury in accordance with R v Caldwell. The boy was the weakest and would probably have died anyways. The defence of necessity was not allowed. But the temptation to the act which existed here was not what the law has ever called necessity. Not to mention, the evidence might not even have been relevant.

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The Queen v. Dudley & Stephens Case Brief

regina v dudley and stephens case brief

Four seamen, Thomas Dudley, Edward Stephens, Brooks and seventeen year old Richard Parker were in high seas and due to the storm that hit them very bad, they had to put themselves into an open boat. Each agency should also be examined to ensure that they are up to date with current products and conditions of approval. Good Afternoon, Ladies and Gentlemen of the jury. He points out that Lord Coleridge gave no consideration to any responsibility Dudley and Stephens would have had for the death of all four as consequence of their inaction. The very reason given by Thomas Hobbes is the social contract, the agreement between the people and their government by which the government protects and promotes the interests of the people, receiving loyalty and support from the people in return. It is further admitted that there was in this case no such excuse, unless the killing was justified by what has been called 'necessity'. 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.

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Regina v. Serne

regina v dudley and stephens case brief

We judge it better to leave such questions to be dealt with when, if ever, they arise in practice by applying the principles of law to the circumstances of the particular case. That Dudley, with the assent of Stephens, went to the boy, and telling him that his time was come, put a knife into his throat and killed him then and there; that the three men fed upon the body and blood of the boy for four days; that on the fourth day after the act had been committed the boat was picked up by a passing vessel, and the prisoners were rescued, still alive, but in the lowest state of prostration. They were sentenced to death but then granted a pardon by the Crown and served 6 months imprisonment. To preserve one's life is generally speaking a duty, but it may be the plainest and the highest duty to sacrifice it. All three men fed on the boy and were rescued four days later.


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Regina v. Serne

regina v dudley and stephens case brief

That assuming any necessity to kill anybody, there was no greater necessity for killing the boy than any of the other three men. These men were Captain Thomas Dudley 31 , mate Edward Stephens 36 , seaman Edmond Brooks 38 , and cabin-boy Richard Parker 17. But a man has no right to declare temptation to be an excuse, though he might himself have yielded to it, nor allow compassion for the criminal to change or weaken in any manner the legal definition of the crime. First it is said that it follows from various definitions of murder in books of authority, which definitions imply, if they do not state, the doctrine, that in order to save your own life you may lawfully take away the life of another, when that other is neither attempting nor threatening yours, nor is guilty of any illegal act whatever towards you or any one else. It also appears that the judiciary, knowing where the sympathy of the public lay, had already made their mind up on the issue of guilt, and virtually bypassed the jury. Written in plain English, not in legalese.


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Criminal Law Cases Flashcards

regina v dudley and stephens case brief

. That is why the Home Secretary, as we now know from various documents, made such an effort to put Dudley and Stephens on trial, having already determined that the death sentences should be commuted to brief terms of imprisonment. All of the three organizations take a passive approach toward regulating the genetically modified foods, and therefore have received much criticism regarding their effectiveness. Which Parker lost and later reneged on the agreements. After the police located Hebert, they placed him under arrest and informed him of his rights, and took him to the R. 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. On the eighteenth day, after seven days without food and five without water, Dudley proposed that lots should be drawn so that one of them could be sacrificed to feed the others.


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Criminal Law Cases Flashcards

regina v dudley and stephens case brief

We are dealing with a case of private homicide, not one imposed upon men in the service of their Sovereign and in the defence of their country. I do not think that such an exception to the general rule which applies in criminal law is justified. A number of questions, to which it is very difficult to find an answer would arise: Who is to be the judge of this sort of necessity? He suspected his wife was sleeping with everyone, including her own brothers, and he beat her for years. But what about precedent cases that would offer the court much needed guidance? In fact, the decision still influences the law to the present day, as we will see while discovering the latest developments in this area of law. They caught a small turtle, and this was the only food they had up to the twentieth day when the act now in question was committed.

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Law School Case Briefs: REGINA V. DUDLEY AND STEPHENS 14 Q.B.D. 273 (1884) CASE BRIEF

regina v dudley and stephens case brief

Issue: Whether the preponderance of the evidence standard applied in the juvenile court was constitutionally permissible in a criminal case. That there was no appreciable chance of saving life except by killing some one for the others to eat. Much to the discontent of the intentions of the authorities involved, there was a great crowd at the courtroom, showing its sympathy in favour of the prisoners. At any rate he cites no authority for it, and it must stand upon his own. Dudley and Stephens, 14 Q. Two seamen killed a youth in order to eat his flesh to remain alive. The Judge then directed the jury on the three matters he listed.


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Regina v. Serne

regina v dudley and stephens case brief

Other details yet more harrowing, facts still more loathsome and appalling, were presented to the jury, and are to be found recorded in my learned Brother's notes. At the end of his judgement, the Chief Justice explains his position. For centuries, past events before the described incident, represented precedents on what to do in an emergency situation on the high seas. That the boat was drifting on the ocean, and was probably more than 1000 miles away from land. Further, we will also explore the criticisms of the solutions found in the verdict as well as the later development of this legal issue. They threw their cloths away and took a bath to wash away the blood. Now it is admitted that the deliberate killing of this unoffending and unresisting boy was clearly murder, unless the killing can be justified by some well recognised excuse admitted by the law.

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