What factors should the judge take into account?
Situation taken from a judge’s decision: The crew of an English yacht were cast away in a storm on the high seas. In this boat they had no supply of water and no supply of food….that on the 18th day they suggested that one should be sacrificed to save the rest. That next day they went to the boy put a knife into his throat and killed him; that the 3 men fed upon the body of the boy for 4 days; that on the 4th day after the act had been commited the boat was picked up by a passing vessel and they were rescued, still alive. They were carried to the port of Falmouth and committed for trial. If the men had not fed upon the body of the boy they would probably not have survived to be picked up and rescued, but would within the 4 days have died of famine. The boy being in a much weaker condition, was likely to have died before them…. The real question is whether killing under the the conditions set forth be or be not murder. What factors should the judge take into account?
Interesting scenario. From a legal standpoint, it would be hard to find any mitigating circumstances that would reduce the charges from 1st degree intentional homicide. Since the facts are there and it is nothing is being argued, then I would have to think that the judge could not take the unfortunate situation into his own hands and let emotions get involved. The fact of the matter is that the men killed a boy to eat him. I think the judge would be doing the men a favor by ONLY charging them with 1st degree Intentional homicide and cannibalism. The men Intenionally killed the boy without any rights to do so, Im sure the boy did not want to be killed. Thus you would have to think 1st degree is the only way to go on that one, regardless of the circumstances. Killing another human for food is immoral and disgusting. This would be a crime that should be found as Mala in se (Wrong in itself, regardless if a law is substatively written)
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