Law in Contemporary Society

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AlexBuonocoreSecondPaper 10 - 30 Jul 2012 - Main.AlexBuonocore
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The Malleability of the Criminal Law

Regina v. Dudley & Stephens suggests the malleability of the criminal law because non-legal considerations may have influenced Dudley's prosecution. Ordinarily, the British may not have prosecuted a homicide performed in survival conditions, especially where the law precluded a valid conviction. The British, however, may have prosecuted Dudley with the extra-legal motivation of declaring the imperialist British as incapable of cannibalism.

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  Legal errors complicate, if not invalidate, the prosecution and further suggest extra-legal motivation. Barron Huddleston pushed for conviction even though he lacked jurisdiction over the incident. The crime occurred on an unmarked lifeboat in international waters. Barron Huddleston allegedly wrote a false statement of jurisdiction into the record by claiming that the lifeboat was a registered British vessel.
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<		 The criminal law can be used as a vehicle for moral expression. However, I characterize the Dudley prosecution as extra-legal because the moral expression was independent of the convicted conduct. An extra-legal interpretation suggests the imperialist state pushed for conviction as a self-referential proclamation against cannibalism (not against the convicted action, homicide).
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>		 Though states use the criminal law as a vehicle for moral expression, I characterize the Dudley prosecution as extra-legal because the moral expression was independent of the convicted conduct. An extra-legal interpretation suggests that the imperialist state pushed for conviction as a self-referential proclamation against cannibalism (not against the convicted action, homicide).
 

The Scheduling of Marijuana


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