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Casebook Read Credits
Criminal Law Simons, Volumes I and II
Resource 1 . 4 . 5
4 minutes

The Queen v. Dudley and Stephens

Michael A. Simons

As you read the famous case of Dudley & Stephens, use the following questions to guide your analysis:

1. What crime were Dudley and Stephens charged with? Did the jury convict them?
2. Statutory analysis: If Dudley and Stephens were prosecuted in New York, what crime would they be charged with? (Examine NYPL 125.25.) What statutory defense would they assert? (Examine NYPL 35.00)
3. Exactly what happened in the lifeboat? (Pay careful attention to the chronology).
4. What would have happened if Dudley and Stephens had not killed and eaten Parker? (Don’t guess: Look at the jury’s conclusions).
5. Do Dudley and Stephens deserve to be punished? Why? (In other words, what are the retributive arguments for and against punishing them?)
6. Is it ever justified to kill an innocent person to accomplish a greater good? Why or why not?
7. What would be the consequences (positive and negative) of punishing Dudley and Stephens? (In other words, what are the utilitarian arguments for and against punishing them?)
8. Would you convict Dudley and Stephens of murder? Why?
9. What sentence, if any, would you give Dudley and Stephens? Why?

I have provided you with only the jury's finding of fact (not the court's analysis of the law) because I want you to decide for yourself what punishment, if any, Dudley and Stephens should receive and why.

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