The Case Of Speluncean Explorers Essay Example for Free

The Case Of Speluncean Explorers screenFACTSA convocation of 5 including the 4 defendants and Roger Whetmore had entered into a limest superstar cavern. A landslide occurred and the boulders blocked the only main course of the cave.When they discovered the problem, the 5 settled themselves on the obstructed entry until a redeem part could deport them. Employers had left indicators at the headquarters of the society about where the cavern was. On the failure of their return, a rescue party was dispatched.The rescue task was really difficult. More men and machinery had to be conveyed to the remote area. A group of engineers, workmen, geologists and opposite experts were ap head worded.The work of removing the obstructions was frustrated by fresh landslides. Ten workmen were killed while clearing the entrance. All the exchequer of the Speculean community was exhausted. Eight hundred thousand frevlars raised by legislative grants were all exhausted in advance the men were res cued.Success was finally achieved on the 32nd day of the rescue mission.It was know that the workers had carried very undersized provisions with them and that at that place were no animal or food matter in the cavern. On the twentieth day of the rescue, it was discovered that the workers had carried with them a radio transmitter through which communication could be established. The workers asked the physicians and the experts how long it would discipline for them to be rescued, the physicians told them that it would dispatch atleast 10 days and there was a little possibility for them to succeed.Then they asked the physicians whether they could survive if they consumed one their coworkers. The physicians chairman replied reluctantly in affirmative.Roger Whetmore asked the physicians if they could do that by casting lots. There was no dissolvent from their side. Then he asked if any party or a judge was willing to answer this question, there was no answer. He wherefore asked if a priest could answer the question, unfortunately, even they could non.Thereafter, no more messages were received as the battery of the radio receiver had been exhausted.On the 23rd day of the rescue, Whetmore was killed and was eaten by his companions. Then it was known from the defendants that Whetmore had proposed this idea about whod be eaten by the throw of a dice. When it was Whetmores turn, the dice was thrown by a defendant and it turned out to be against Whetmore. He then was killed and eaten by his companions.VERDICT OF THE JUDGES headman JUSTICE TRUEPENNYHe believed that the four defendants should be sentenced to death as he maintaind Whoever shall wilfully take the bearing of another shall be punished by death.He mentions that the above statute is not point-blank to more than one interpretation ie it is unambiguous.He similarly suggested the idea of executive clemency adding that granting mercifulness would be in the hands of the executive.JUSTICE FOSTERHe disagr eed with the verdict of the Chief Justice. He opinion that the defendants were innocent.He believed that the statute put forward by CJ Truepenny was not applicablein this case as the law of nature was applied (defendants were in a state of nature at the time of the killing).He also said that if 10 workmens lives were sacrificed to save 5, wherefore not kill 1 to save 4 lives.JUSTICE TATTINGHe felt sorry for the defendants but at the same time, also had a feeling of disgust at the act they committed.He strongly disagreed with Justice Fosters state of nature. He also thinks that self defence force cant be applied to the case as it would raise difficulties.Ultimately, he is not able to decide the case.JUSTICE KEENHe took on the case from a morality point of view. He was in favour of the defendants not being given a death sentence. He criticized the other judges for failing to differentiate between the moral and legal aspects of the case.He also criticizes the courts self defence exc use.JUSTICE HANDYHe uses a common-sense approach instead of using legal principles to solve the case.He had a philosophical point of view and was in favour of publics opinion on the case.MY VERDICT ON THE CASEThis case has two sides ie the legal side and the moral side.If this case is seen from the legal side, then a death sentence is justified for the four defendants as the statute itself states that whoever shall wilfully take the life of another shall be punished by death.But I personally think that this case is extra and it should be seen from the moral point of view. I dont believe that the defendants should be given a death sentence. I strongly disagree with CJ Truepennys verdict, with all due respect.The four defendants were in extremely unfavourable conditions and they had no resource but to kill one the companions and consume them, so that they could survive.The facts suggest that when Roger Whetmore asked the chairman of the physicians if they consume any one of the four companions, they would survive or not, the chairman also replied in affirmative even though he was reluctant. And the decision to kill Roger Whetmore was also justified as per the throw of dice.I agree with Justice Fosters views as well. First of all, the law of nature should be applied to this case as the defendants were in a state of nature at the time of killing. And as per the facts suggest, 10 workmen were killed to save the life of 5 people, then why not kill 1 person and save the life of 4 others?As far as granting executive clemency is concerned, I think that it should completely be in the hands of the executive, but I would be in favour of granting them with it.