Dudley and Stephens could argue that mitigating circumstances must be considered, and that even though they did kill another human being, the situation was such that they should not be punished further. Their attorney could argue that going 25 days without food changed the defendant’s perception of right and wrong (i.e. Insanity defense).
Regina v Dudley and Stephens (1884) 14 QBD 273 DC is a leading English criminal case which established a precedent throughout the common law world that necessity is not a defence to a charge of murder.
' Dudley and Stephens (defendants) murdered a fellow young seaman (Parker) in order to save their own lives from starvation. They were found guilty of murder. Synopsis of Rule of Law. Killing an innocent life to save one's own does not justify murder even if it under extreme necessity of hunger.
Defendant. What would the persons bringing the case ask for? Money.
They explained to authorities what had happened to Brooks. After recovering from their ordeal, the two were placed on trial for murder. The country in which they were tried had the following law: Any person who deliberately takes the life of another is guilty of murder.
d) What purpose would be served by convicting Dudley and Stephens? It would serve the purpose of enforcing the law in that country which is “any person who deliberately takes the life of another is guilty of murder.” Also, it would give justice and closure to Brooks' family and friends.
The defendants were convicted of murder. The defence of necessity was not allowed. They were sentenced to death but then granted a pardon by the Crown and served 6 months imprisonment.
Why would a good lawyer not tell a client how their case will come out at the initial consultation? A good lawyer knows that every case is different and without doing research. A good lawyer will not guarantee the outcome of any case.
In civil law, there are four broad types of wrongdoings that can be prosecuted: tort, contract, warranty, or family matters.
With this in mind, here are some tips on how to win a court case.Don't Litigate for Spite or Revenge. Definitely don't make your litigation decisions for vindictive reasons. ... Seek Mediation Instead of Litigation. ... Be the Master of Your Case. ... Listen to Your Advisers. ... Be Flexible.Apr 9, 2019