Reflections on Dudley and Stephens and Killing the Innocent: Taking a Wrong Conceptual Path
Ohio State University (OSU) - Michael E. Moritz College of Law
The Sanctity of Life and the Criminal Law: The Legacy of Glanville Williams, Dennis J. Baker and Jeremy Horder, eds., 2013, Forthcoming
This is a chapter of a book, Glanville Williams: The Sanctity of Life and the Criminal Law, to be published in 2013 by Cambridge University Press. In this chapter I argue that the famous "lifeboat" case of Dudley and Stephens was wrongly decided because Lord Coleridge failed to distinguish between the criminal law defense concepts of justification and excuse; and Professor Glanville Williams, in his critique of the case, also failed to focus on this important distinction.
Number of Pages in PDF File: 22
Keywords: criminal law, homicide, justification, excuse, necessity, duress
Date posted: December 8, 2012