The Queen Vs. Dudley - Stephens

Ladies and gentlemen of the Jury, thank you for listening so patiently to all of the witnesses. This trial is now coming to an end. In this last speech the prosecution will prove that the murder of Richard Parker was not a result of temporary insanity or necessity, but rather it was a willful killing with malice aforethought. Richard Parker was executed rather than sacrificed. The life of the young Parker was taken away so that his old Captain can live. The incentives of the Captain were egotistic and excessive. Such actions ought to be punished in the name of justice and social values.

The defense advocates that the extremity of the conditions lessened the clear reasoning of Captain Dudley: that he suffered temporary insanity. According to M'Naghen Rule (1843) temporary insanity is when "at the time of the committing the act, the party of the accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and the quality of the act he was doing, or if he know it, he did not know he was doing what was wrong." In other words, the person was insane for a short period of time - the instance of the committing of the crime, and at that moment he was incapable of knowing the nature of his actions. According to the court records, Dudley planned the murder for a few days. He discussed his idea with Stephens and Brooks, but did not mention a word to helpless Richard. Dudley's own statements and the witnesses' testament revealed the conspiracy. His actions were well planned, and he clearly understood their nature and the consequences. In the court record it is listed that even when the crew was questioned by the Customs House, Dudley" told of their adventure with something resembling gusto and even insisted on keeping the penknife with which he had killed Richard Parker as a memento." From Dudley's own words and actions, we can conclude without doubt that he put a lot of consideration in his decision. But not ever for a second did he spare a thought about the life that young Richard was going to miss, or about the wife or the children that he would never have. Dudley took Parker's life without mercy. And while the defense wants to present these actions as temporary insanity, I think they should be referred to as malice aforethought.

Dudley's malicious actions erased Richard's chances of survival. According to Wikipedia, "Custom of Sea is a set of customs that are said to be practiced by the officers and crew of ships and boats in the open sea." According to these customs "stranded survivors drew lots to see who would be killed and eaten so that the others might survive. He drawing the shortest straw was killed and eaten and he drawing the next shortest was the executioner. "Dudley completely neglected the sea laws. He may claim that he didn't know about such rulings, but how could he have lacked this knowledge when he was the Captain of the yacht? Honorable members of the jury, I believe that he purposely decided to disregard

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