Preview

Defense Of Necessity: R. V. Dudley And Stephens

Good Essays
Open Document
Open Document
336 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Defense Of Necessity: R. V. Dudley And Stephens
R. v. Dudley and Stephens

I am arguing the Defence and I’m seeking the verdict of not guilty. The Defence of Necessity clearly states three points. The first one being that there must be an urgent situation of clear and imminent peril. The second one being that the accused must have had no reasonable legal alternative to breaking the law. The last one states that the harm inflicted by the accused must be proportional to the harm avoided by the accused. Tom Dudley, Richard Parker, Edmund Brooks and Edwin Stephens had managed to escape the wreck by setting sail on a wooden boat that was constructed poorly and was not equipped with the basic necessities to survive. After being stranded in the middle of the shark infested Atlantic ocean,

You May Also Find These Documents Helpful

  • Good Essays

    On November 5, 1983, defendants Elijah Anton Askov, Ralph Hussey, Samuel Gugliotta, and Edward Melo were charged with attempting to commit extortion against Peter Belmont. The following men Askov, Hussey, and Melo had existing charges on possession of weapons, pointing a firearm, and assault with a weapon. The defendants had been in business with Belmont for supplying exotic dancers to licensed premises. Belmont was offered to pay 50% commission to run a business with Melo and Gugliotta in the Toronto area. However, Belmont refused and contacted the police to file reports. On November 12th, Belmont and his bodyguard were approached by the defendants in a tavern which was under surveillance. Melo and Askov were arrested on scene. Hussey ran away but later turned himself in and was charged on November 14th. Gugliotta was arrested on November 30th. The defendants Melo, Hussey, Askov were denied bail and were placed in custody for 6 months. On May 7th, the three men were ordered to…

    • 649 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Facts: In September 2004, New Mexico police officers received a report that Larry Begay, the…

    • 893 Words
    • 4 Pages
    Better Essays
  • Satisfactory Essays

    The complainant pleaded guilty to possession of a pistol during the incident. A finding that the appellant and his codefendants were the aggressors is inconsistent with the fact they called the police and remained on the scene until their arrival.…

    • 522 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    When the Dred Scott case came before the Supreme Court, Chief Justice Roger B. Taney was one of the five justices from states where slavery was legal. These five justices were the majority on the court, and believed that although the Missouri Compromise existed, a slave owner had the right to take his slaves anywhere he wished without fear that someone would remove his property from him. It was their feeling that regardless of the fact that Dred had lived in so called “free states,” he was still his owner’s property.…

    • 213 Words
    • 1 Page
    Good Essays
  • Good Essays

    Since its creation in the late 18th century, the Supreme Court has made numerous decisions that impacted the course of history. The Supreme Court has a very important job, to interpret the constitution principles and make decisions based on these important standards. Had it not been for the rulings made by this court, many laws and precedents may not have been adapted. One case that had an exceptionally important impact on history was the case of Muller vs. Oregon. This case is one of the most influential decisions in Supreme Court history and its impacts are still seen even today.…

    • 1033 Words
    • 5 Pages
    Good Essays
  • Better Essays

    How did the Three Branches of government respond to the social issues of freedom of religion based on Wallace v. Jaffree case?…

    • 1976 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    Twenty-nine years ago on February 23, 23 year old Jaye Potter Mintz was found brutally murdered in her not stark but blood-splattered bedroom by her mother, Lorene Potter. Jaye Potters throat had been slit, her hands tied behind her back, a pillow had covered her face, and she had been raped by her murderer. Potter's son was found crying in a corner holding on for dear life apprehensively as he saw his mother murdered right before his eyes. Earlier that week Potter had put an ad in a newspaper about a waterbed that she was selling, it was believed at the time that the murderer was a possible buyer for the bed and also knew Potter personally.…

    • 117 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    In the Levon Brooks case. Brooks was wrongfully convicted of rape and murder of a three year old girl. He was charged with Capital Murder, and sexual battery. Things that lead to his wrongful conviction were invalidated or improper Forensic Science, and Government Misconduct. Government misconduct is considered when lying or intentionally misleading jurors about their observations, failing to overturn exculpatory evidence, and providing incentives to secure unreliable evidence from informants.…

    • 184 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Charles Beard’s article, Framing the Constitution, alleges the members of the Constitutional Convention in Philadelphia were “disinterested” in providing basic rights for citizens. He stated that the framers of the Constitution of the United States were only concerned in improving their own economic well–being and personal agendas. Therefore, providing information of the events that led up to the Philadelphia Convention and an overview of the Constitution will dismiss his statements, and state his article was a self-serving, conspiracy theory.…

    • 780 Words
    • 4 Pages
    Good Essays
  • Good Essays

    When reading “Enough”, the author uses relevant and strong evidence to immediately support his argument. With the use of sarcasm and strong statements, he is able to back up his claim and successfully persuade his audience. For example, the author states “if there was one thing George Preston Marshall believed in, it was unity and respect. Oh, and also white supremacy. Unity, respect, and white supremacy”. The author makes many comments like this to establish a strong voice and opinion that further supports his claim. His use of sarcasm reveals the anger and frustration that he feels, and convinces the audience the use of this derogatory term is unacceptable. Another example is given when the author directly states the phrase, “Ah, romance”,…

    • 312 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Knowing and just being aware of ones right could be essential for the public. One has to know the basic differences between a probable cause and reasonable suspicion. An encounter with an officer and a possible violation of the law it helps to know the cause so one can be prepared for a possible defense strategy. Warrants have certain requirements and exceptions’, knowing each one is vital. The Sixth Amendment is always used in trials and having knowledge of this amendment is important.…

    • 1118 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Slavery was at the root of the case of Dred Scott v. Sandford. Dred Scott sued his master to obtain freedom for himself and his family. His argument was that he had lived in a territory where slavery was illegal; therefore he should be considered a free man. Dred Scott was born a slave in Virginia around 1800. Scott and his family were slaves owned by Peter Blow and his family. He moved to St. Louis with them in 1830 and was sold to John Emerson, a military doctor. They went to Illinois and the Wisconsin territory where the Missouri Compromise of 1820 prohibited slavery. Dred Scott married and had two daughters. John Emerson married Irene Sanford. In 1842, they all returned to St. Louis, Missouri. John Emerson died the next year. In 1846, Scotts sued Irene Emerson for their freedom. The Scott’s stay in free territories gave them the ability to sue for their freedom. However, they did not do this while they were living there (Dred Scott’s Fight).…

    • 844 Words
    • 4 Pages
    Better Essays
  • Good Essays

    I believe that the judicial restraint philosophy is more appropriate for federal judges to follow because, unlike judicial activism, it does not allow judges to expand vague Constitutional principles to fit their own viewpoint and principles. Judicial restraint does not authorize judges to interpret Constitutional texts and laws (conservative or liberal interpretation) in order to serve their own principles, policies, and considered estimates of the vital needs of contemporary society. The judicial restraint policy also ensures that separation of powers is applied justly so that different branches of government do not intervene with the power of the other branch. Also, because the Stare Decisis has a huge impact on future decisions and precedent,…

    • 249 Words
    • 1 Page
    Good Essays
  • Good Essays

    Good Afternoon Ladies and Gentleman…Todays trial will be on Felony Murder and Attempted Robbery. John Hudson and Dale Buckner are murderers. And the evidence of this case will show, that they have undoubtedly committed the crimes brought upon them and should be punished to the fullest extent of the law.…

    • 1201 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Boston Massacre

    • 597 Words
    • 3 Pages

    Today is the last day of the trial. We have heard all of the witnesses and now we know that we must deliberate. I know that some of the "witnesses" are liars. Some make valid points and I know without a doubt in my mind that Captain Preston is an innocent man and that his men were provoked. As I listened to the witnesses, here is what I came to believe:…

    • 597 Words
    • 3 Pages
    Good Essays