R v Dudley and Stephens
Read this description of the famous Queen v. Dudley and Stephens case. As you read, consider whether you agree with the ruling in this case, and if you would rule differently, as well as why you would do so. This text discusses the famous lifeboat case, which established the legality of choosing to murder out of necessity. Although the details of the case are quite graphic, this fact itself may serve as a prompt for many of us to revise our initial intuitions about the moral status of killing one to save many others.
Aftermath
Collins still had the option of moving a writ of error to raise the very arguable issues of jurisdiction and constitution of the court but he knew that the verdict in such an important case had been decided in advance and Dudley and Stephens still anticipated an immediate release. By 11 December, there was still no announcement and it seemed that, their having been convicted, public opinion was moving against the men. Any exercise of the royal prerogative of mercy would be exercised by Queen Victoria on the advice of the Home Secretary Harcourt.
Though Harcourt was personally in favour of abolition of the death penalty, he was conscientious in his official duties. He took the judgment of the court seriously, that the men were guilty of murder and feared that commuting the sentence to anything other than life imprisonment would mock the law. The Attorney-General felt that a life sentence would not resist the attack of public consensus. He noted that the court had withheld a finding of manslaughter from the jury but that had it been available it would have been the jury's verdict and "no judge would have inflicted more than three months' imprisonment". The Solicitor-General concurred. Based on James's and Herschell's advice, on 12 December, Harcourt decided on six months' imprisonment. Dudley and Stephens were advised the next day but were somewhat disappointed at so long in custody. Dudley never accepted the justice of his conviction. The two were released around 7:00 on 20 May 1885.
William Harcourt