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Spelunkean Explorer Case Analysis

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Essay / Research Paper Abstract

This 4 page paper examines a case submitted by a student. Should a group of cave explorers be charged with murder because they ate one of their companions, even if they thought that they were saving their own lives? The case is discussed from a legal point of view. No bibliography.

Page Count:

4 pages (~225 words per page)

File: RT13_SA505SEC.rtf

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Unformatted sample text from the term paper:

womans husband is on a business trip. She is awakened during the night. She says "Whos there?" She hears something and sees a man in the shadow. She takes out her gun and shoots and unwittingly kills her husband. Is she guilty of murder? It is hard to say. If in fact underneath she really wanted to kill her husband and perhaps did not know whether or not the figure in the shadows had been him, it is plausible that one might say it was not murder. In the back of her mind, a prosecutor might argue that she knew all along. Yet, the idea of motive comes into question. In fact, motive is not always provable and is not necessary to convict someone of murder. Why they do something is not always of significance but it can be. If it can be shown that she truly believed that the man was an intruder and her life was in danger, she would not be convicted. In a case study submitted by a student, spelunkers find themselves in a cave, closed off from the world with no reasonable expectation of survival. Similar to a real life case where those deserted decided to eat their companions, the group made a pact. They decided that if they are truly starving, they would sacrifice one member of the group. Straws would be drawn and all agreed. The unthinkable happened and yes, one of the members was killed and consumed. Soon afterwards they were rescued. The problem at hand is that although in their mind it was the only way to survive, had they known they would be rescued, they would have waited. The question is, in light of the fact that they really would not die, were their actions criminal? Is their ignorance important ...

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