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Monday, May 5, 2014

Criminal Justice Quote: Cannibalism At Sea: Morally or Legally Justified?

     In the summer of 1884, four English sailors were stranded at sea in a small lifeboat in the South Atlantic, over a thousand miles from land. Their ship, the Migonette, had gone down in a storm, and they had escaped to the lifeboat, with only two cans of preserved turnips and no fresh water. Thomas Dudley was the captain, Edwin Stephens was the first mate, and Edmund Brooks was a sailor--"all men of excellent character," according to newspaper accounts.

     The fourth member of the crew was the cabin boy, Richard Parker, age seventeen. He was an orphan, on his first voyage at sea. He had signed up against the advice of his friends, "in the hopefulness of youthful ambition," thinking the journey would make a man of him. Sadly, it was not to be.

     From the lifeboat, the four stranded sailors watched the horizon, hoping a ship might pass and rescue them. For the first three days, they ate small rations of turnips. On the fourth day, they caught a turtle. They subsisted on the turtle and the remaining turnips for the next few days. And then for eight days they ate nothing.

     By now Parker, the cabin boy, was lying in the corner of the lifeboat. He had drunk seawater, against the advice of the others, and became ill. He appeared to be dying. On the nineteenth day of their ordeal, Dudley, the captain, suggested drawing lots to determine who would die so that the others might live. But Brooks refused, and no lots were drawn.

     The next day came, and still no ship was in sight. Dudley told Brooks to avert his gaze and motioned to Stephens that Parker had to be killed. Dudley offered a prayer, told the boy his time had come, then killed him with a penknife, stabbing him in the jugular vein. Brooks emerged from his conscientious objection to share in the gruesome bounty. For four days, the three men fed on the body and blood of the cabin boy.

     And then  help came. Dudley describes their rescue in his diary, with staggering euphemism: On the 24th day, as we were having our breakfast," a ship appeared at last. The three survivors were picked up. Upon their return to England, they were arrested and tried. Brooks turned state's witness. Dudley and Stephens went to trial. They freely confessed that they had killed and eaten Parker. They claimed they had done so out of necessity.

     Suppose you were the judge. How would you rule?

Michael J. Sandel, Justice, 2009 

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