The Case Of Speluncean Explorers Essay

Fact

A group of 5 including the 4 suspects and Roger Whetmore had entered into a limestone cavern. A landslide occurred and the bowlders blocked the lone entryway of the cave.

When they discovered the job. the 5 settled themselves on the obstructed entry until a rescue portion could deliver them. Employers had left indexs at the central office of the society about where the cavern was. On the failure of their return. a deliverance party was dispatched.

The deliverance undertaking was truly hard. More work forces and machinery had to be conveyed to the distant country. A group of applied scientists. workingmans. geologists and other experts were appointed.

The work of taking the obstructors was frustrated by fresh landslides. Ten workingmans were killed while uncluttering the entryway. All the exchequer of the Speculean community was exhausted. Eight hundred thousand frevlars raised by legislative grants were all exhausted before the work forces were rescued.

Success was eventually achieved on the 32nd twenty-four hours of the deliverance mission.

It was known that the workers had carried really small commissariats with them and that there were no animate being or nutrient affair in the cavern. On the twentieth twenty-four hours of the deliverance. it was discovered that the workers had carried with them a wireless sender through which communicating could be established. The workers asked the doctors and the experts how long it would take for them to be rescued. the doctors told them that it would take atleast 10 yearss and there was a small possibility for them to last.

Then they asked the doctors whether they could last if they consumed one their coworkers. The physician’s president replied reluctantly in affirmatory.

Roger Whetmore asked the doctors if they could make that by projecting tonss. There was no reply from their side. Then he asked if any party or a justice was willing to reply this inquiry. there was no reply. He so asked if a priest could reply the inquiry. unluckily. even they could non.

Thereafter. no more messages were received as the battery of the wireless receiving system had been exhausted.

On the 23rd twenty-four hours of the deliverance. Whetmore was killed and was eaten by his comrades. Then it was known from the suspects that Whetmore had proposed this thought about who’d be eaten by the throw of a die. When it was Whetmore’s bend. the die was thrown by a suspect and it turned out to be against Whetmore. He so was killed and eaten by his comrades.

Verdict OF THE JUDGES

CHIEF JUSTICE TRUEPENNY:

He believed that the four suspects should be sentenced to decease as he stated “Whoever shall willfully take the life of another shall be punished by decease. ”

He mentions that the above legislative act is non unfastened to more than one reading Internet Explorer it is unambiguous.

He besides suggested the thought of executive mildness adding that allowing clemency would be in the custodies of the executive.

JUSTICE FOSTER

He disagreed with the finding of fact of the Chief Justice. He thought that the suspects were guiltless.

He believed that the legislative act put frontward by CJ Truepenny was non applicable in this instance as the “law of nature” was applied ( suspects were in a province of nature at the clip of the violent death ) .

He besides said that if 10 workmen’s lives were sacrificed to salvage 5. why non kill 1 to salvage 4 lives.

JUSTICE Tatting

He felt sorry for the suspects but at the same clip. besides had a feeling of disgust at the act they committed.

He strongly disagreed with Justice Foster’s “state of nature. ” He besides thinks that ego defense mechanism can’t be applied to the instance as it would raise troubles.

Ultimately. he is non able to make up one’s mind the instance.

JUSTICE KEEN

He took on the instance from a morality point of position. He was in favor of the suspects non being given a decease sentence. He criticized the other Judgess for neglecting to distinguish between the moral and legal facets of the instance.

He besides criticizes the court’s ego defense mechanism alibi.

JUSTICE HANDY

He uses a common-sense attack alternatively of utilizing legal rules to work out the instance.

He had a philosophical point of position and was in favor of public’s sentiment on the instance.

MY Verdict ON THE CASE

This instance has two sides ie the legal side and the moral side.

If this instance is seen from the legal side. so a decease sentence is justified for the four suspects as the legislative act itself states that “whoever shall willfully take the life of another shall be punished by death” .

But I personally think that this instance is particular and it should be seen from the moral point of position. I don’t believe that the suspects should be given a decease sentence. I strongly disagree with CJ Truepenny’s finding of fact. with all due regard.

The four suspects were in highly unfavorable conditions and they had no pick but to kill one the comrades and devour them. so that they could last.

The facts suggest that when Roger Whetmore asked the president of the doctors if they consume any one of the four comrades. they would last or non. the president besides replied in affirmatory even though he was loath. And the determination to kill Roger Whetmore was besides justified as per the throw of die.

I agree with Justice Foster’s positions every bit good. First of all. the “law of nature” should be applied to this instance as the suspects were in a province of nature at the clip of killing. And as per the facts suggest. 10 workingmans were killed to salvage the life of 5 people. so why non kill 1 individual and salvage the life of 4 others?

Equally far as allowing executive mildness is concerned. I think that it should wholly be in the custodies of the executive. but I would be in favor of allowing them with it.