| An example of where
criminals are sent after a conviction, London's Newgate Prison in
1896Criminal law is the most familiar kind of law from the papers,
or news on TV, despite its relatively small part in the legal whole.
In every jurisdiction, a crime is committed where two elements are
fulfilled. First, the criminal must have the requisite malicious
intent to do a criminal act, or mens rea (guilty mind). Second,
he must commit the criminal act, or actus reus (guilty act). Examples
of different kinds of crime might include murder, assault, fraud
or theft. Defences can exist to some crimes, such as killing in
self defence, or pleading insanity. A famous case in 19th century
England, R v. Dudley and Stephens involved the defence of "necessity".
The Mignotte, sailing from Southampton to Sydney, sank. Three crew
members, and a cabin boy, were stranded on a raft. They were starving,
the cabin boy close to death. So the crew killed and ate the cabin
boy. The crew survived and were rescued, but put on trial for murder.
They argued it was necessary to kill the cabin boy to preserve their
own lives. Lord Coleridge, expressing immense disapproval, ruled,
"to preserve one's life is generally speaking a duty, but it
may be the plainest and the highest duty to sacrifice it."
They were sentenced to hang. Yet public opinion, especially among
sea farers was outraged and overwhelmingly supportive. In the end,
the Crown commuted their sentences to six months. |