" The Case of the Speluncean Explorers " is an article by legal philosopher Lon L. Fuller first published in the Harvard Law Review in 1949. Largely taking the form of a fictional judgment, it presents a legal philosophy puzzle to the reader and five possible solutions in the form of judicial opinions that are attributed to judges sitting on the fictional "Supreme Court of Newgarth" in the year 4300.
137-429: The case involves five explorers who are caved in following a landslide. They learn via intermittent radio contact that, without food, they are likely to starve to death before they can be rescued. They decide that one of them should be killed and eaten , so that the others might survive. They determine who should be killed by throwing a pair of dice. After the four survivors are rescued, they are charged and found guilty of
274-421: A whole life order , in cases that involve such "exceptionally" high aggravating factors, such as the murder of two or more persons, or the murder of a child following abduction or with sexual/sadistic motivation, meaning the person will never become eligible for parole. The United Kingdom currently also has three more mandatory minimum sentences for certain offences, namely: a minimum of 7 years' imprisonment for
411-476: A "shortage of animal protein" was also the underlying reason for Aztec cannibalism. The cultural anthropologist Marshall Sahlins , on the other hand, rejected such explanations as overly simplistic, stressing that cannibal customs must be regarded as "complex phenomen[a]" with "myriad attributes" which can only be understood if one considers "symbolism, ritual, and cosmology" in addition to their "practical function". In pre-modern medicine, an explanation given by
548-427: A Drug Free initiative regarding an individual's employment, a Drug Free workplace and certification requirements for employers, and a Drug Free environment for those who receive government benefits (such as for low-income housing recipients). The act further addresses interventions regarding illegal sale of imported drugs, such as the ability to confiscate assets for those guilty of distribution. The act also implemented
685-914: A belief that eating a person's flesh or internal organs will endow the cannibal with some of the positive characteristics of the deceased. However, several authors investigating exocannibalism in New Zealand , New Guinea , and the Congo Basin observe that such beliefs were absent in these regions. A further type, different from both exo- and endocannibalism, is autocannibalism (also called autophagy or self-cannibalism ), "the act of eating parts of oneself". It does not ever seem to have been an institutionalized practice, but occasionally occurs as pathological behaviour, or due to other reasons such as curiosity. Also on record are instances of forced autocannibalism committed as acts of aggression, where individuals are forced to eat parts of their own bodies as
822-697: A boy aged around 5 or 6. As the daily energy need of an adult man is about 2,400 kilocalories, a dead male body could thus have fed a group of 25 men for a bit more than two days, provided they ate nothing but the human flesh alone – longer if it was part of a mixed diet. The nutritional value of the human body is thus not insubstantial, though Cole notes that for prehistoric hunters, large megafauna such as mammoths , rhinoceros , and bisons would have been an even better deal as long as they were available and could be caught, because of their much higher body weight. Cases of people eating human livers and hearts , especially of enemies, have been reported from across
959-421: A conclusion, recuses himself. As the court's decision is a tie, the original convictions are upheld and the men are sentenced to death. Fuller's account has been described as "a classic in jurisprudence " and "a microcosm of [the 20th] century's debates" in legal philosophy. It allows for contrasts to be drawn between different legal philosophies, with the main two being natural law and legal positivism . In
1096-526: A dispensation resting within the personal whim of the Executive, seems to me to amount to an admission that the law of this Commonwealth no longer pretends to incorporate justice. The second opinion takes a different approach to the Chief Justice's. In determining that the convictions should be overturned, Justice Foster makes two main points. Firstly, the defendants were in a " state of nature " at
1233-702: A double bag ... which was put into a large pot" and so boiled alive. While not mentioning live roasting or boiling, European authors also complained about cannibalism and cruelty during the Mongol invasion of Europe , and a drawing in the Chronica Majora (compiled by Matthew Paris ) shows Mongol fighters spit-roasting a human victim. Pedro de Margarit [ es ] , who accompanied Christopher Columbus during his second voyage , afterwards stated "that he saw there with his own eyes several Indians skewered on spits being roasted over burning coals as
1370-529: A firearm, because it was truly mandatory only for a second offence, whereas it would have been presumptively mandatory for a first offence. A mandatory sentence for a second offence of drug trafficking was struck out in 2021 for similar reasons; the conviction was upheld but the sentence referred back to the Circuit Court for reconsideration. In the United Kingdom, upon conviction for murder,
1507-459: A form of torture . Exocannibalism is thus often associated with the consumption of enemies as an act of aggression, a practice also known as war cannibalism . Endocannibalism is often associated with the consumption of deceased relatives in funerary rites driven by affection – a practice known as funerary or mortuary cannibalism . Medicinal cannibalism (also called medical cannibalism ) means "the ingestion of human tissue ... as
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#17327878562321644-525: A group of cannibals in West Africa in the 14th century, the Moroccan explorer Ibn Battuta recorded that, according to their preferences, "the tastiest part of women's flesh is the palms and the breast." Centuries later, the anthropologist Percy Amaury Talbot [ fr ] wrote that, in southern Nigeria , "the parts in greatest favour are the palms of the hands, the fingers and toes, and, of
1781-471: A jury and found factual beyond a reasonable doubt. It increases the burden on the prosecutor to show that the sentence is necessary for the individual crime by requiring that a mandatory minimum sentence be denied for a defendant unless they fulfill certain criteria. Attorney General Holder held that the charges placed on an individual should reflect the uniqueness of the case and consideration in assessing and fairly representing his/her given conduct. This purpose
1918-696: A last resort by people suffering from famine . Well-known examples include the ill-fated Donner Party (1846–1847), the Holodomor (1932–1933), and the crash of Uruguayan Air Force Flight 571 (1972), after which the survivors ate the bodies of the dead. Additionally, there are cases of people engaging in cannibalism for sexual pleasure, such as Albert Fish , Issei Sagawa , Jeffrey Dahmer , and Armin Meiwes . Cannibalism has been both practised and fiercely condemned in several recent wars, especially in Liberia and
2055-596: A long-standing reputation as eaters of human flesh, reconfirmed when their legends were recorded in the 17th century. Some controversy exists over the accuracy of these legends and the prevalence of actual cannibalism in the culture. Cannibalism has been well documented in much of the world, including Fiji (once nicknamed the "Cannibal Isles"), the Amazon Basin , the Congo , and the Māori people of New Zealand. Cannibalism
2192-471: A major part of the grieving process. It has also been explained as a way of guiding the souls of the dead into the bodies of living descendants. In contrast, exocannibalism is the consumption of a person from outside the community. It is frequently "an act of aggression, often in the context of warfare", where the flesh of killed or captured enemies may be eaten to celebrate one's victory over them. Some scholars explain both types of cannibalism as due to
2329-545: A member of the enemy faction, which was enough to get her killed by an angry mob. After the others had left, he "cut open the girl's chest ..., dug out her heart, and took it home to enjoy". In a further case that took place in Wuxuan County , likewise in the Guangxi region, three brothers were beaten to death as supposed enemies; afterwards their livers were cut out, baked, and consumed "as medicine". According to
2466-538: A minimum non-parole period of 20 years (25 years in South Australia and the Northern Territory) if a criminal is convicted of the murder of a police officer or public official. Australia also has legislation allowing mandatory prison sentences of between five and 25 years for people smuggling, in addition to a fine of up to $ 500,000, and forfeiture and destruction of the vessel or aircraft used in
2603-606: A minimum of two to ten years with a fine up to $ 20,000; however, in 1970, the United States Congress repealed mandatory penalties for cannabis offenses. With the passage of the Anti-Drug Abuse Act of 1986 Congress enacted different mandatory minimum sentences for drugs, including marijuana. The Anti-Drug Abuse Act of 1986 profoundly affected the US legal system into contemporary times. The act led to
2740-438: A narrow sense), but also " lungs , liver , brain , heart , nervous tissue , bone marrow , genitalia and skin ", as well as kidneys . For a typical adult man, the combined nutritional value of all these edible parts is about 126,000 kilocalories (kcal). The nutritional value of women and younger individuals is lower because of their lower body weight – for example, around 86% of a male adult for an adult woman and 30% for
2877-559: A person over 18 convicted of a domestic burglary for the third or subsequent time. In 1994, California introduced a "Three Strikes Law". This state is known for fully enforcing laws and is considered most severe in comparison to other states. The Three strikes law was intended to reduce crime by implementing extended sentencing to deter repeated offenders. This consideration further restricts one's ability to commit new crimes. Similar laws were subsequently adopted in most American jurisdictions . However, California's "Three Strikes Law"
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#17327878562323014-402: A person over 18 convicted of trafficking, supplying or producing Class A drugs for the third or subsequent time; a minimum of 5 years' imprisonment (for a person over 18) or 3 years' imprisonment (for a person aged 16–17) for possession, purchase, acquisition, manufacture, transfer or sale of a prohibited firearm or weapon for the first or subsequent time; and a minimum of 3 years' imprisonment for
3151-453: A person under 18; 15 years' imprisonment for all "other" cases of murder committed by a person over 18; 25 years' imprisonment for cases of murder where a person over 18 uses a knife or other weapon at the scene; 30 years' imprisonment for cases of murder with "particularly" high aggravating factors, such as those that involve the use of a firearm or explosive, or a murder in the course of committing another offence such as robbery or burglary; and
3288-400: A person's livelihood. The idea is that there are some crimes that are so heinous, there is no way to accept the offender back into the general population without first punishing them sufficiently. Some crimes are viewed as serious enough to require an indefinite removal from society by a life sentence, or sometimes capital punishment. It is viewed as a public service to separate these people from
3425-616: A response to the cases of king hit assaults in Sydney. These laws were championed by NSW Premier Barry O'Farrell largely due to the wide media coverage of similar cases, in particular the case of Kieren Loveridge who killed Thomas Kelly. Life imprisonment is mandatory for murder in Queensland, South Australia, and the Northern Territory. Life imprisonment is only mandatory in the other states for aircraft hijacking or with
3562-507: A significant effect on the outcome of the case, sometimes leading the public to believe that a sentence reflects more about the judge than the offender. Subsequently, creating stricter sentencing guidelines would purportedly promote consistency and fairness in the judicial system. Mandatory sentences are also supposed to serve as a general deterrence for potential criminals and repeat offenders , who are expected to avoid crime because they can be certain of their sentence if they are caught. This
3699-486: A single cooking pot." Al-Latif notes that, while initially people were shocked by such acts, they "eventually ... grew accustomed, and some conceived such a taste for these detestable meats that they made them their ordinary provender ... The horror people had felt at first vanished entirely". After the end of the Mongol-led Yuan dynasty (1271–1368), a Chinese writer criticized in his recollections of
3836-462: A supposed medicine or tonic". In contrast to other forms of cannibalism, which Europeans generally frowned upon, the "medicinal ingestion" of various "human body parts was widely practiced throughout Europe from the sixteenth to the eighteenth centuries", with early records of the practice going back to the first century CE. It was also frequently practised in China . Sacrificial cannibalism refers
3973-553: A third time of a drug trafficking offence involving a class A drug , and a mandatory minimum sentence of three years for those convicted for the third time of burglary. An amendment by the Labour opposition established that mandatory sentences should not be imposed if the judge considered it unjust. According to figures released by the British government in 2005, just three drug dealers and eight burglars received mandatory sentences in
4110-410: A token punishment or releasing the defendants altogether. He is prepared to use Justice Foster's purposive approach doctrine as the legal rationale. Justice Handy notes that apart from the ambivalent Justice Tatting, the other judges share the majority public opinion. The judges voting to uphold the convictions simply differ from Justices Foster and Handy on whose role it is to spare the defendants from
4247-558: A treat for the gluttonous." Jean de Léry , who lived for several months among the Tupinambá in Brazil, writes that several of his companions reported "that they had seen not only a number of men and women cut in pieces and grilled on the boucans , but also little unweaned children roasted whole" after a successful attack on an enemy village. According to German ethnologist Leo Frobenius , children captured by Songye slave raiders in
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4384-678: A variety of circumstances and for various motives. To adequately express this diversity, Shirley Lindenbaum suggests that "it might be better to talk about 'cannibalisms ' " in the plural. One major distinction is whether cannibal acts are accepted by the culture in which they occur – institutionalized cannibalism – or whether they are merely practised under starvation conditions to ensure one's immediate survival – survival cannibalism – or by isolated individuals considered criminal and often pathological by society at large – cannibalism as psychopathology or "aberrant behavior". Institutionalized cannibalism, sometimes also called "learned cannibalism",
4521-608: A verdict on whether it constitutes murder. The cavers are ultimately convicted of murder. The mandatory sentence for murder in Newgarth is death by hanging . Both the trial judge and members of the jury petition the Chief Executive to commute the sentence of the surviving spelunkers from the death penalty to six months' imprisonment. The Chief Executive refuses to act while the Supreme Court of Newgarth considers
4658-573: A woman, the breast." Regarding the north of the country, his colleague Charles Kingsley Meek added: "Among all the cannibal tribes the palms of the hands and the soles of the feet were considered the tit-bits of the body." Among the Apambia, a cannibalistic clan of the Azande people in Central Africa, palms and soles were considered the best parts of the human body, while their favourite dish
4795-492: A young cannibal who had just participated in a "human barbecue" and told him without hesitation: "It tastes just like chicken. Especially the liver – just the same as chicken." In 2013, during the Syrian civil war , Syrian rebel Abu Sakkar was filmed eating parts of the lung or liver of a government soldier while declaring that "We will eat your hearts and your livers you soldiers of Bashar the dog". Various accounts from around
4932-524: Is "eaten without ceremony (other than culinary), in the same manner as the flesh of any other animal". While the term has been criticized as being too vague to clearly identify a specific type of cannibalism, various records indicate that nutritional or culinary concerns could indeed play a role in such acts even outside of periods of starvation. Referring to the Congo Basin, where many of the eaten were butchered slaves rather than enemies killed in war,
5069-579: Is a debate among anthropologists on how important functionalist reasons are for the understanding of institutionalized cannibalism. Diamond is not alone in suggesting "that the consumption of human flesh was of nutritional benefit for some populations in New Guinea" and the same case has been made for other "tropical peoples ... exploiting a diverse range of animal foods", including human flesh. The materialist anthropologist Marvin Harris argued that
5206-504: Is clearly outlined for all, especially those who are subjected to such sentencing. strike (1) strike (2) strike (3) A similar "three strikes" policy was introduced to the United Kingdom by the Conservative government in 1997. This legislation enacted a mandatory life sentence on a conviction for a second "serious" violent or sexual offence (i.e. "two strikes" law), a minimum sentence of seven years for those convicted for
5343-575: Is close to modern explanations. He also pointed out that some acts of Europeans in his own time could be considered as equally barbarous, making his essay " Of Cannibals " ( c. 1580 ) a precursor to later ideas of cultural relativism . Archaeologist James Cole investigated the nutritional value of the human body and found it to be similar to that of animals of similar size. He notes that, according to ethnographic and archaeological records, nearly all edible parts of humans were sometimes eaten – not only skeletal muscle tissue ("flesh" or "meat" in
5480-422: Is mandatory for murder if committed, at the time of the offence, as an adult. Parole ineligibility periods vary, but under Irish and Canadian law, are not less than 7 and 10 years, respectively. In New Zealand, life imprisonment is mandatory for murder. Murders with certain aggravating factors have a mandatory 17-year non-parole period, instead of the default 10 years for life imprisonment. Since 2002, judges have
5617-628: Is more cost-effective than long sentences. They also cite a survey indicating that the public now prefers judicial discretion to mandatory minimums. In 2015, a number of United States reformers, including the ACLU , the Center for American Progress , Families Against Mandatory Minimums , Koch family foundations , the Coalition for Public Safety , and the MacArthur Foundation , announced
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5754-613: Is not a "willful" killing, so it does not contradict the wording of the statute. He finds that the self-defence exception could not be applied to the present case as it would raise "a quagmire of hidden difficulties". The judge cites the case of Commonwealth v Valjean , in which starvation was held not to justify the theft of a loaf of bread, let alone homicide. These combined objections lead Justice Tatting to reject Justice Foster's reasoning as "intellectually unsound and approaching mere rationalization." Despite rejecting Justice Foster's reasoning, Justice Tatting cannot bring himself to reach
5891-482: Is not a danger to the public. This resulted in far more life sentences than the 1997 legislation. In response to prison overcrowding , the law was changed in 2008 to reduce the number of such sentences being passed, by restoring judicial discretion and abolishing the presumption that a repeat offender is dangerous. Australia's Northern Territory in March 1997 introduced mandatory sentences of one month to one year for
6028-505: Is not something that they would have done in a sober state. Intoxication is not a justification for criminal behaviour, nor (in most jurisdictions in the U.S. and Commonwealth) a legal defence; but since an intoxicated person's decisions are less likely to be shaped by rational assessment of consequences than those of a sober person, deterrence is likely to be less effective for intoxicated people. Research indicates that mandatory minimum sentencing effectively shifts discretion from judges to
6165-422: Is not to supplant the legislative will, but to make that will effective." In the third opinion, Justice Tatting is emotionally "torn between sympathy for [the defendants] and a feeling of abhorrence and disgust at the monstrous act they committed". He ultimately finds himself unable to decide the case. Justice Tatting disagrees strongly with Justice Foster's rationales in overturning the convictions. He criticizes
6302-525: Is otherwise clearly rejected. The survivors of the shipwrecks of the Essex and Méduse in the 19th century are said to have engaged in cannibalism, as did the members of Franklin's lost expedition and the Donner Party . Such cases often involve only necro-cannibalism (eating the corpse of someone already dead) as opposed to homicidal cannibalism (killing someone for food). In modern English law,
6439-483: Is probably also the ultimate reason why cannibalism was widespread in traditional New Guinea highland societies", and both in New Zealand and Fiji , cannibals explained their acts as due to a lack of animal meat. In Liberia , a former cannibal argued that it would have been wasteful to let the flesh of killed enemies spoil, and eaters of human flesh in New Guinea and the neighbouring Bismarck Archipelago expressed
6576-608: Is punished with imprisonment from 4 years to life, and for an illegal loaded gun one year in state prison. The state of Florida in the United States has a very strict minimum sentencing policy known as 10-20-Life , which includes the following minimums: 10 years' imprisonment for using a gun during a crime, 20 years' imprisonment for firing a gun during a crime, and 25 years' imprisonment in addition to any other sentence for shooting somebody, regardless of whether they survive or not. In Canada and Ireland , life imprisonment
6713-524: Is the consumption of human body parts as "an institutionalized practice" generally accepted in the culture where it occurs. By contrast, survival cannibalism means "the consumption of others under conditions of starvation such as shipwreck, military siege, and famine, in which persons normally averse to the idea are driven [to it] by the will to live". Also known as famine cannibalism , such forms of cannibalism resorted to only in situations of extreme necessity have occurred in many cultures where cannibalism
6850-437: Is the process by which a judge determines whether to apply a particular policy to an offender. The third decision judges make in discretionary schemes is how to apply the sentencing policies to the particular facts. By the mid-twentieth century, mandatory sentencing was implemented. Their actions would result in punishment as a part of the sentencing process, regardless of the type of weapon in question. The first individual waved
6987-509: Is the proper role of a judge, not a prosecutor, to apply discretion given the particular facts of a case (e.g., whether a drug defendant was a kingpin or low-level participant, or whether sex offender registration is an appropriate measure for a given crime and offender). When prosecutors apply discretion, they tend to invoke sentencing disparities when choosing among a variety of statutes with different sentencing consequences. In addition to fairness arguments, some opponents believe that treatment
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#17327878562327124-511: Is the reasoning behind the "tough on crime" policy. United States federal juries are generally not allowed to be informed of the mandatory minimum penalties that may apply if the accused is convicted because the jury's role is limited to a determination of guilt or innocence. However, defense attorneys sometimes have found ways to impart this information to juries; for instance, it is occasionally possible, on cross-examination of an informant who faced similar charges, to ask how much time he
7261-403: Is to prevent recidivism. Criminal justice advocates in the United States argue that mandatory minimum sentences are a major cause of the removal of the "bottom income half to quartile" of its population from the general public. As part of police targeting and surveillance and often harsh sentencing, mandatory sentencing often is proposed as "fairness" by those unfamiliar with the penal systems in
7398-523: The DSM , presumably because at least serious cases (that lead to murder) are very rare. Within institutionalized cannibalism, exocannibalism is often distinguished from endocannibalism . Endocannibalism refers to the consumption of a person from the same community. Often it is a part of a funerary ceremony, similar to burial or cremation in other cultures. The consumption of the recently deceased in such rites can be considered "an act of affection" and
7535-649: The American Bar Association which stated that "Sentencing by mandatory minimums is the antithesis of rational sentencing policy". In 2004 the association called for the repeal of mandatory minimum sentences, stating that "there is no need for mandatory minimum sentences in a guided sentencing system." A 1997 study by the RAND Corporation found that mandatory minimums for cocaine offenses were not cost-effective in regards to either cocaine consumption or drug crime. Some judges have expressed
7672-545: The Cultural Revolution (1966–1976), hundreds of incidents of cannibalism occurred, mostly motivated by hatred against supposed "class enemies", but sometimes also by health concerns. In a case recorded by the local authorities, a school teacher in Mengshan County "heard that consuming a 'beauty's heart' could cure disease". He then chose a 13- or 14-year-old student of his and publicly denounced her as
7809-626: The Democratic Republic of the Congo . It was still practised in Papua New Guinea as of 2012, for cultural reasons. Cannibalism has been said to test the bounds of cultural relativism because it challenges anthropologists "to define what is or is not beyond the pale of acceptable human behavior ". A few scholars argue that no firm evidence exists that cannibalism has ever been a socially acceptable practice anywhere in
7946-660: The Solomon Islands in the 1980s, anthropologist Michael Krieger met a former cannibal who told him that women's breasts had been considered the best part of the human body because they were so fatty, with fat being a rare and sought delicacy. They were also considered among the best parts in New Guinea and the Bismarck Archipelago . Based on theoretical considerations, the structuralist anthropologist Claude Lévi-Strauss suggested that human flesh
8083-629: The Southern New Guinea lowland rain forests , hunting people "was an opportunistic extension of seasonal foraging or pillaging strategies", with human bodies just as welcome as those of animals as sources of protein, according to the anthropologist Bruce M. Knauft. As populations living near coasts and rivers were usually better nourished and hence often physically larger and stronger than those living inland, they "raided inland 'bush' peoples with impunity and often with little fear of retaliation". Cases of human predation are also on record for
8220-659: The legislature , not the judicial system . They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten
8357-414: The murder of the fifth explorer. If their appeal to the Supreme Court of Newgarth fails, they face a mandatory death sentence . Although the wording of the statute is clear and unambiguous, there is intense public pressure to spare the men from the death penalty. The article offers five possible court responses. Each differs in its reasoning and on whether the survivors should be found guilty of breaching
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#17327878562328494-400: The "state of nature" concept and is not satisfied with Justice Foster's formulation placing the law of contract above the law against murder. He also notes the difficulty of applying the purposive approach to the criminal statute which has multiple purposes, including retribution and rehabilitation. He distinguishes the self-defence exception that was created by past judges on the basis that it
8631-482: The 13th century and their subsequent rule over China during the Yuan dynasty (1271–1368), some Mongol fighters practised cannibalism and both European and Chinese observers record a preference for women's breasts, which were considered "delicacies" and, if there were many corpses, sometimes the only part of a female body that was eaten (of men, only the thighs were said to be eaten in such circumstances). After meeting
8768-475: The 1913 Criminal Code. In 1997 mandatory sentencing was introduced to the Northern Territory in Australia. The "three strikes" policy raised incarceration rates of indigenous women by 223% in the first year. The incarceration rate for men rose by 57% and 67% for indigenous men. The mandatory sentencing laws sparked debate of the laws being discriminative (indirectly) as indigenous people are overrepresented in
8905-402: The 50 years following the article's publication, a further 25 hypothetical judgments were written by various authors whose perspectives include natural law theory, consequentialism , plain meaning positivism or textualism , purposivism, historical contextualism, realism, pragmatism, critical legal studies , feminism , process theory and minimalism. The facts of the case are recounted in
9042-452: The Arab physician Abd al-Latif al-Baghdadi repeatedly saw "little children, roasted or boiled", offered for sale in baskets on street corners during a heavy famine that started in 1200 CE. Older children and possibly adults were sometimes prepared in the same way. Once he saw "a child nearing the age of puberty, who had been found roasted"; two young people confessed to having killed and cooked
9179-523: The Central African Kasaï region that were too young to be sold with a profit were instead "skewered on long spears like rats and roasted over a quickly kindled large fire" for consumption by the raiders. Mandatory sentencing Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through
9316-412: The Chief Justice suggests that the judges of the court should add their names to the petition of the trial judge and jury requesting the Chief Executive to show mercy to the defendants. This would allow justice to be achieved "without impairing either the letter or spirit of our statutes and without offering any encouragement for the disregard of law". I believe something more is on trial in this case than
9453-573: The Chinese author Zheng Yi, who researched these events, "the consumption of human liver was mentioned at least fifty or sixty times" in just a small number of archival documents. He talked with a man who had eaten human liver and told him that "barbecued liver is delicious". During a massacre of the Madurese minority in the Indonesian part of Borneo in 1999, reporter Richard Lloyd Parry met
9590-441: The Congo Basin, where cannibalism had been quite widespread and where even in the 1950s travellers were sometimes served a meat dish, learning only afterwards that the meat had been of human origin. The term gastronomic cannibalism has been suggested for cases where human flesh is eaten to "provide a supplement to the regular diet" – thus essentially for its nutritional value – or, in an alternative definition, for cases where it
9727-473: The Justice Department would follow a new policy restricting mandatory minimum sentences in certain drug cases. Prosecutions dropped, drug enforcement agent morale dropped, and fentanyl and heroin overdoses soared, reported The Washington Post in 2019. In Alleyne v. United States (2013) the Supreme Court held that increasing a sentence past the mandatory minimum requirement must be submitted by
9864-481: The Oireachtas specify a mandatory sentence of life imprisonment for murder and treason , and mandatory minimum sentences for various lesser offences. A mandatory minimum sentence may be truly mandatory or may be presumptive, giving a judge discretion to impose a lesser sentence in exceptional circumstances. Mandatory sentences have been challenged on grounds that they violate the separation of powers required by
10001-460: The US. Mandatory sentencing still has not been linked to other areas such as racial profiling, a 700% increase in US prison incarceration rates , zero tolerance and prison growth at the expense of employment, housing, education, family support and quality of life. The state of Florida has a 10-20-Life mandatory sentence law regarding sentences for the use of a firearm during the commission of another crime, and many PSA posters were created after
10138-434: The ability to overrule mandatory sentences where they would be deemed "manifestly unjust", such as in cases involving mercy killings and failed suicide pacts. In Germany , murder for pleasure, sexual gratification, greed or other base motives, by stealth or cruelly or by means that pose a danger to the public or to facilitate or cover up another offense is mandatorily punished by life imprisonment. In Ireland , Acts of
10275-434: The actual "purpose" of a piece of legislation. Justice Keen recalls that earlier instances of judicial activism in Newgarth had ultimately led to civil war , which established the supremacy of the legislature over the judiciary. He concludes by criticizing the courts' creation of the self-defense excuse, stating that waiting for the legislature to enact such revisions would have led to a stronger legal system. In contrast to
10412-407: The alternative view, that the defendants' convictions should be upheld. He states that "almost every consideration that bears on the decision of the case is counterbalanced by an opposing consideration leading in the opposite direction." Concluding with a criticism of the prosecutor for deciding to bring the prosecution in the first place, the judge makes the "unprecedented" decision of withdrawing from
10549-456: The anthropologist Emil Torday notes that "the most common [reason for cannibalism] was simply gastronomic: the natives loved 'the flesh that speaks' [as human flesh was commonly called] and paid for it". The historian Key Ray Chong observes that, throughout Chinese history, "learned cannibalism was often practiced ... for culinary appreciation". In his popular book Guns, Germs and Steel , Jared Diamond suggests that "protein starvation
10686-404: The appeal. Affirms convictions but recommends clemency The first opinion is largely expository ; it is used to recount the facts of the case. The Chief Justice states that the statute is unambiguous, with no applicable legal defences, so it must be applied by the court. He adds that granting mercy is a decision for the executive branch of government to make, rather than the judiciary. However,
10823-405: The case. The fourth opinion begins by excluding executive clemency and the morality of the defendants' actions as relevant factors to the court's deliberations. Rather, the question before the court is purely one of applying the legislation of Newgarth and determining whether the defendants wilfully took the life of Whetmore. He criticizes the other judges for failing to distinguish the legal from
10960-413: The case. Whetmore then asks if they should draw lots to select a person to be killed and eaten. No one outside the cave is willing to answer this question. Radio contact is subsequently lost. Once the cave-in is cleared, it is discovered that only four cavers have survived; Roger Whetmore had been killed and eaten by the others. The survivors state that Whetmore had first proposed cannibalism and choosing
11097-452: The cases, with roasting being slightly more common. In contrast to Lévi-Strauss's predictions, boiling was more often used in exocannibalism, while roasting was about equally common for both. Shankman observed that various other "ways of preparing people" were repeatedly employed as well; in one third of all cases, two or more modes were used together (e.g. some bodies or body parts were boiled or baked, while others were roasted). Human flesh
11234-484: The cavers on the 20th day of the cave-in, and the cavers learn that at least ten days would be required in order to free them. They then consult with medical experts, who inform them that they are unlikely to survive to the rescue given the likelihood of starvation. One of the cavers, Roger Whetmore, then asks on the cavers' behalf if the cavers could survive ten days longer "if they consumed the flesh of one of their number". The medical experts reluctantly confirm this to be
11371-611: The child. Another time, remains were found of a person who had apparently been roasted and served whole, the legs tied like those of "a sheep trussed for cooking". Only the skeleton was found, still undivided and in the trussed position, but "with all the flesh stripped off for food". In some cases children were roasted and offered for sale by their own parents; other victims were street children, who had become very numerous and were often kidnapped and cooked by people looking for food or extra income. The victims were so numerous that sometimes "two or three children, even more, would be found in
11508-461: The constitution , by allowing the Oireachtas (legislature) to interfere in the judicial process. In 2012 the Supreme Court ruled that the mandatory sentence of life imprisonment for murder was constitutional. However, in 2019, it ruled that a mandatory minimum sentence had to apply for all offenders, not for certain classes of offenders. It struck out a sentence of 5 years for possession of
11645-919: The consumption of the flesh of victims of human sacrifice , for example among the Aztecs . Human and animal remains excavated in Knossos , Crete , have been interpreted as evidence of a ritual in which children and sheep were sacrificed and eaten together during the Bronze Age . According to Ancient Roman reports, the Celts in Britain practised sacrificial cannibalism, and archaeological evidence backing these claims has by now been found. Infanticidal cannibalism or cannibalistic infanticide refers to cases where newborns or infants are killed because they are "considered unwanted or unfit to live" and then "consumed by
11782-494: The court must sentence the defendant to life imprisonment . The law requires that courts must set a minimum term before they become eligible for parole. For this purpose a number of "starting points" are in place that give guidance to a judge to impose a sentence in each different case of murder. There are currently five "starting points" for murder in England and Wales, namely: 12 years' imprisonment for cases of murder committed by
11919-496: The crime statistics in the Northern Territory. New South Wales has two mandatory sentences currently. The Crimes Amendment (Murder of Police Officers) Bill 2011 introduced mandatory life sentence without parole for a person convicted of murdering a police officer. Also, the Crimes and Other Legislation (Assault and Intoxication) Amendment 2014 introduced mandatory minimum sentencing of 8 years for alcohol fuelled acts of violence, as
12056-414: The death penalty. Human cannibalism Note: Varies by jurisdiction Note: Varies by jurisdiction Human cannibalism is the act or practice of humans eating the flesh or internal organs of other human beings. A person who practices cannibalism is called a cannibal . The meaning of " cannibalism " has been extended into zoology to describe animals consuming parts of individuals of
12193-490: The discretionary applications that judges used in sentencing. The assessment for sentencing was determined by three separate decisions by the judge in each specific case: (1) policy-based decisions, (2) fact-based decisions, and (3) applying such policy to such particular facts. In review of these policies regarding the applications of sentencing, the policy decisions are those that dictate what considerations should affect punishment. The second, which includes factual determinations
12330-445: The fate of these unfortunate explorers; that is the law of our Commonwealth. If this Court declares that under our law these men have committed a crime, then our law is itself convicted in the tribunal of common sense, no matter what happens to the individuals involved in this petition of error. For us to assert that the law we uphold and expound compels us to a conclusion we are ashamed of, and from which we can only escape by appealing to
12467-554: The federal offender population in general." According to the Statistical Overview of Mandatory Minimum Penalties presented in October 2011, "[o]f all offenders convicted of an offense carrying a mandatory minimum punishment and who remained subject to that penalty at sentencing, 38.5 percent were Black (n=4,076), 31.8 percent were Hispanic (n=3,364), and 27.5 percent (n=2,913) were White." Although exceptions such as
12604-410: The first judicial opinion, which is given by Chief Justice Truepenny. Five cave explorers became trapped inside a cave following a landslide. They have limited food supplies and no other sources of nutrition inside the cave. Above ground, substantial resources are spent to rescue them, with 10 workmen killed in subsequent landslides near the blocked entrance. Radio contact is eventually established with
12741-490: The first laws surrounding money laundering, which also led to the exposure of professional dealers. Those found guilty of distribution were sentenced as outlined. Separate from each state's own courts, federal courts in the United States are guided by the Federal Sentencing Guidelines . (See War on Drugs for more information about US drug laws.) When a guideline sentencing range is less than
12878-407: The general population, as it is assumed that the nature of the crime or the frequency of violation supersedes the subjective opinion of a judge. Remedying the irregularities in sentencing that arise from judicial discretion is supposed to make sentencing more fair and balanced. In Australia and the United Kingdom, sentencing has been heavily influenced by judicial idiosyncrasies. Individual judges have
13015-427: The highest rates (64.3% in fiscal year 2000, 71.4 percent in fiscal year 2005, and 56.1% in fiscal year 2010). White offenders received relief at 60.3 percent in fiscal year 2000, 42.5 percent in fiscal year 2005, and 46.5 percent in fiscal year 2010." Opponents of mandatory sentencing point to studies that show criminals are deterred more effectively by increasing the chances of their conviction, rather than increasing
13152-464: The latter is always considered a crime, even in the most trying circumstances. The case of R v Dudley and Stephens , in which two men were found guilty of murder for killing and eating a cabin boy while adrift at sea in a lifeboat, set the precedent that necessity is no defence to a charge of murder. This decision outlawed and effectively ended the practice of shipwrecked sailors drawing lots in order to determine who would be killed and eaten to prevent
13289-410: The law was passed, which coined the slogan "Use a gun, and you're done." It gave a minimum mandatory sentence of 10 years if the offender pulls a gun, but does not fire a shot, 20 years if at least one shot is fired, and 25 years to life if the offender shoots someone. In 1996, 12-month mandatory sentencing laws around third offence home burglary were introduced by Western Australia through amendments to
13426-407: The law. Two judges affirm the convictions, emphasising the importance of the separation of powers and literal approach to statutory interpretation . Two others overturn the convictions; one focuses on "common sense" and the popular will while the other uses arguments drawn from the natural law tradition, emphasizing the purposive approach when applying law. A fifth judge, who is unable to reach
13563-622: The like". Human flesh was also often "cooked into soup " or stewed in cauldrons. Eating human flesh raw was the "least popular" method, but a few cases are on record too. Chong notes that human flesh was typically cooked in the same way as "ordinary foodstuffs for daily consumption" – no principal distinction from the treatment of animal meat is detectable, and nearly any mode of preparation used for animals could also be used for people. Though human corpses, like those of animals, were usually cut into pieces for further processing, reports of people being roasted or baked whole are on record throughout
13700-522: The mandatory minimum will not be applied. Safety Valve was created in 1994 to reduce mandatory sentencing for drug offenders under the following provisions: In October 2011, a report was issued to assess the impact of United States v. Booker mandatory minimum penalties on federal sentencing by the United States Sentencing Commission . In 2013, United States Attorney General Eric H. Holder, Jr. announced that
13837-554: The marketplace" during the Taiping Rebellion in 1850–1864, human hearts became a popular dish, according to some who afterwards freely admitted having consumed them. According to a missionary's report from the brutal suppression of the Dungan Revolt of 1895–1896 in northwestern China, "thousands of men, women and children were ruthlessly massacred by the imperial soldiers" and "many a meal of human hearts and livers
13974-482: The moral aspects of the case. While he shares their preference that the defendants be spared from death, he respects the obligations of his office to put his "personal predilections" of what constitutes justice out of mind when interpreting and applying the law. Justice Keen objects vehemently to Justice Foster's purposive approach allowing the plain words of the law to be ignored. He emphasizes that laws may have many possible purposes, with difficulties arising in divining
14111-443: The mother, father, both parents or close relatives". Infanticide followed by cannibalism was practised in various regions, but is particularly well documented among Aboriginal Australians . Among animals, such behaviour is called filial cannibalism , and it is common in many species, especially among fish. Human predation is the hunting of people from unrelated and possibly hostile groups in order to eat them. In parts of
14248-524: The neighbouring Bismarck Archipelago and for Australia . In the Congo Basin, there lived groups such as the Bankutu who hunted humans for food even when game was plentiful. The term innocent cannibalism has been used for cases of people eating human flesh without knowing what they are eating. It is a subject of myths, such as the myth of Thyestes who unknowingly ate the flesh of his own sons. There are also actual cases on record, for example from
14385-405: The next seven years, because judges thought a longer sentence was unjust in all other drug and burglary cases where the defendant was found guilty. However, in 2003 a new "two strikes" law was enacted (effective from April 4, 2005), requiring courts to presume that a criminal who commits his second violent or dangerous offence deserves a life sentence unless the judge is satisfied that the defendant
14522-503: The now-discredited theory of humorism for cannibalism was that it was caused by a black acrimonious humor, which, being lodged in the linings of the ventricles of the heart, produced a voracity for human flesh. On the other hand, the French philosopher Michel de Montaigne understood war cannibalism as a way of expressing vengeance and hatred towards one's enemies and celebrating one's victory over them, thus giving an interpretation that
14659-415: The offence. In 2017, the government of Victoria introduced a "two-strike" policy, with a minimum six-year jail sentence for repeat violent offenders. Victoria also has a mandatory 10-year minimum sentence for people convicted of killing someone in a so-called "one punch" attack. Denmark has mandatory minimum sentences for murder (five years to life) and regicide (life in prison § 115), deadly arson
14796-467: The opinion that mandatory minimum sentencing, especially in relation to alcohol-fueled violence, is not effective. In R v O’Connor , the High Court of Australia gave the opinion that when an offender is intoxicated, there will likely be a change in their personality and behaviour, which will then affect their self-control; that, while an offender may commit an act which is voluntary and intentional, it
14933-433: The other judges, Justice Handy prefers to use a "pragmatic, common-sense approach", rather than abstract legal theories, to resolve the case. He criticizes his colleagues' "obscuring curtain of legalisms" when the case simply requires the application of "practical wisdom" of "human realities". He emphasizes the need for the courts to maintain public confidence, which requires them to follow the 90% majority in favour of applying
15070-512: The others from starving, a time-honoured practice formerly known as a " custom of the sea ". In other cases, cannibalism is an expression of a psychopathology or mental disorder , condemned by the society in which it occurs and "considered to be an indicator of [a] severe personality disorder or psychosis". Well-known cases include Albert Fish , Issei Sagawa , and Armin Meiwes . Fantasies of cannibalism, whether acted out or not, are not specifically mentioned in manuals of mental disorders such as
15207-404: The period that some Mongol soldiers ate human flesh because of its taste rather than (as had also occurred in other times) merely in cases of necessity. He added that they enjoyed torturing their victims (often children or women, whose flesh was preferred over that of men) by roasting them alive, in "large jars whose outside touched the fire [or] on an iron grate". Other victims were placed "inside
15344-457: The prosecutors. Prosecutors decide what charges to bring against a defendant, and they can "stack the deck", which involves over-charging a defendant to get them to plead guilty. Since prosecutors are part of the executive branch, and the judicial branch has almost no role in the sentencing, the checks and balances of the democratic system are removed, thus diluting the notion of separation of powers . Opponents of mandatory sentencing argue that it
15481-400: The repast" at feasts for chiefs and warriors. The ethnologist Felix Speiser [ de ] writes: "Apart from the breasts of women and the genitals of men, palms of hands and soles of feet were the most coveted morsels." He knew a chief on Ambae , one of the islands of Vanuatu, who, "according to fairly reliably sources", dined on a young girl's breasts every few days. When visiting
15618-506: The safety valve are authorized, demographics associated with race relevant to mandatory sentencing continue to show. "Hispanic offenders received relief from applicable mandatory minimum penalties at the highest rates, with rates of 65.9 percent in fiscal year 2000, 57.7 percent in fiscal year 2005, and 55.7 percent in fiscal year 2010. Other Race offenders had the next highest rates (52.8% in fiscal year 2000, 53.1% in fiscal year 2005 and 58.9% in fiscal year 2010). Black offenders consistently had
15755-727: The same sentiment. In many cases, human flesh was also described as particularly delicious, especially when it came from women, children, or both. Such statements are on record for various regions and peoples, including the Aztecs, today's Liberia and Nigeria , the Fang people in west-central Africa, the Congo Basin, China up to the 14th century, Sumatra , Borneo , Australia, New Guinea, New Zealand, Vanuatu , and Fiji. Some Europeans and Americans who ate human flesh accidentally, out of curiosity, or to comply with local customs likewise tended to describe it as very good. There
15892-585: The same species as food. Anatomically modern humans , Neanderthals , and Homo antecessor are known to have practised cannibalism to some extent in the Pleistocene . Cannibalism was occasionally practised in Egypt during ancient and Roman times , as well as later during severe famines. The Island Caribs of the Lesser Antilles , whose name is the origin of the word cannibal , acquired
16029-709: The sentence if they are convicted. In a hearing of the House Judiciary Committee , Judge Paul G. Cassell, from the United States District Court for the District of Utah , described mandatory sentencing as resulting in harsh sentencing and cruel and unusual punishment , stating that the sentencing requirements punish defendants "more harshly for crimes that threaten potential violence than for crimes that conclude in actual violence to victims". A hearing in 2009 heard testimony from
16166-456: The statute's purpose, neither would a conviction in the present case. The judge counters potential judicial activism concerns by noting that while judges must obey the will of legislators, they must do so intelligently. He draws analogies to servants who need to "read between the lines" of their masters' instructions: strict literal compliance may not always be the actual intention. Thus the "correction of obvious legislative errors or oversights
16303-492: The statutory mandatory minimum, the latter prevails. Under the Controlled Substances Act , prosecutors have great power to influence a defendant's sentence and thereby create incentives for defendants to accept a plea agreement . For example, defendants with prior drug felonies are often subject to harsh mandatory minimums, but a prosecutor can exercise discretion to not file a prior felony information. Then
16440-509: The third offence regarding property and theft. They were later adopted by Western Australia . Concerning US federal prisons, Barbara S. Meierhoefer, in her report for the Federal Judicial Center stated: "The proportion of black offenders grew from under 10% in 1984 to 28% of the mandatory minimum drug offenders by 1990; whites now constitute less than a majority of this group. This is a much more dramatic shift than found in
16577-434: The time of the killing, so the laws of nature applied to them. The laws of nature allowed to agree to sacrifice one person for the survival of the rest. Secondly, assuming the laws of Newgarth did apply, the purpose of the statute should be considered when applying it to the facts of the case. Justice Foster considers the main purpose to be deterrence, concluding that just as a conviction involving self-defense would not serve
16714-546: The use and sales of drugs. However during this time, discretionary sentencing was still practiced. Therefore, there were different sentences for individuals who were guilty of using prohibited drugs compared to those who sold drugs. Mandatory sentencing and increased punishment were enacted when the United States Congress passed the Boggs Act of 1951 . The act made a first time cannabis possession offense
16851-422: The victim through random chance, offering a pair of dice in his possession. Before the dice were cast, however, Whetmore declared his withdrawal from the arrangement, preferring to wait another week "before embracing an expedient so frightful and odious". The others refused to accept his change of mind, and cast the dice on his behalf. The survivors claim that Whetmore conceded that the dice were thrown fairly. He
16988-455: The weapon, but the second waved and inflicted force. Therefore, the two individuals in question regarding the same crime could receive two separate sentences. Over time, the United States had changed implementation of sentencing laws. Beginning in the early 1900s, the United States began to assess its role on the use of drugs, their purpose and the responsibilities within the law. During this time in 1914, opiate drug use outside of medical purpose
17125-480: The world mention women's breasts as a favourite body part. Also frequently mentioned are the palms of the hands and sometimes the soles of the feet , regardless of the victim's gender. Jerome , in his treatise Against Jovinianus , claimed that the British Attacotti were cannibals who regarded the buttocks of men and the breasts of women as delicacies. During the Mongol invasion of Europe in
17262-551: The world, but such views have been largely rejected as irreconcilable with the actual evidence. The word "cannibal" is derived from Spanish caníbal or caríbal , originally used as a name variant for the Kalinago (Island Caribs), a people from the West Indies said to have eaten human flesh. The older term anthropophagy , meaning "eating humans", is also used for human cannibalism. Cannibalism has been practised under
17399-498: The world. After the Battle of Uhud (625), Hind bint Utba ate (or at least attempted to) the liver of Hamza ibn Abd al-Muttalib , an uncle of Muhammad . At that time, the liver was considered "the seat of life". French Catholics ate livers and hearts of Huguenots at the St. Bartholomew's Day massacre in 1572, in some cases also offering them for sale. In China, medical cannibalism
17536-591: The world. At the archaeological site of Herxheim , Germany, more than a thousand people were killed and eaten about 7000 years ago, and the evidence indicates that many of them were spit-roasted whole over open fires. During severe famines in China and Egypt during the 12th and early 13th centuries, there was a black-market trade in corpses of little children that were roasted or boiled whole. In China, human-flesh sellers advertised such corpses as good for being boiled or steamed whole, "including their bones", and praised their particular tenderness. In Cairo , Egypt,
17673-788: Was baked in steam on preheated rocks or in earth ovens (a technique widely used in the Pacific), smoked (which allowed to preserve it for later consumption), or eaten raw. While these modes were used in both exo- and endocannibalism, another method that was only used in the latter and only in the Americas was to burn the bones or bodies of deceased relatives and then to consume the bone ash. After analysing numerous accounts from China, Key Ray Chong similarly concludes that "a variety of methods for cooking human flesh" were used in this country. Most popular were " broiling , roasting, boiling and steaming", followed by " pickling in salt, wine, sauce and
17810-462: Was also practised in New Guinea and in parts of the Solomon Islands , and human flesh was sold at markets in some parts of Melanesia and of the Congo Basin . A form of cannibalism popular in early modern Europe was the consumption of body parts or blood for medical purposes . Reaching its height during the 17th century, this practice continued in some cases into the second half of the 19th century. Cannibalism has occasionally been practised as
17947-619: Was facing. It is sometimes deemed permissible because it is a means of impeaching the witness. However, in at least one state court case in Idaho , it was deemed impermissible. Notably, capital punishment has been mandatory for murder in a certain number of jurisdictions, including the United Kingdom until 1957 and Canada until 1961. Throughout US history, prison sentences were primarily founded upon discretionary sentencing. Sentencing practices under this system received criticism due to
18084-459: Was most typically boiled , with roasting also used to prepare the bodies of enemies and other outsiders in exocannibalism , but rarely in funerary endocannibalism (when eating deceased relatives). But an analysis of 60 sufficiently detailed and credible descriptions of institutionalized cannibalism by anthropologist Paul Shankman failed to confirm this hypothesis. Shankman found that roasting and boiling together accounted for only about half of
18221-545: Was partaken of by soldiers", supposedly out of a belief that this would give them "the courage their enemies had displayed". In World War II, Japanese soldiers ate the livers of killed Americans in the Chichijima incident . Many Japanese soldiers who died during the occupation of Jolo Island in the Philippines had their livers eaten by local Moro fighters, according to Japanese soldier Fujioka Akiyoshi. During
18358-659: Was practised over centuries. People voluntarily cut their own body parts, including parts of their livers, and boiled them to cure ailing relatives. Children were sometimes killed because eating their boiled hearts was considered a good way of extending one's life. Emperor Wuzong of Tang supposedly ordered provincial officials to send him "the hearts and livers of fifteen-year-old boys and girls" when he had become seriously ill, hoping in vain this medicine would cure him. Later private individuals sometimes followed his example, paying soldiers who kidnapped preteen children for their kitchen. When "human flesh and organs were sold openly at
18495-471: Was prepared with "fat from a woman's breast", according to the missionary and ethnographer F. Gero. Similar preferences are on record throughout Melanesia . According to the anthropologists Bernard Deacon and Camilla Wedgwood , women were "specially fattened for eating" in Vanuatu , "the breasts being the great delicacy". A missionary confirmed that "a body of a female usually formed the principal part of
18632-515: Was prohibited. In 1930, marijuana reached the same platform as opiates, with its use being prohibited. This led to stiffer regulations, even though the use of marijuana was not believed to evoke violent tenancies as previously suggested in earlier years, but this level of awareness had not reached public acknowledgment. In turn, sentencing guidelines in reference to drug use were further affected, as they were in cases involving primarily opiates (heroin and morphine ). The sentencing guidelines applied to
18769-409: Was subsequently killed and eaten. Following their rescue and recovery, the survivors are charged with the murder of Whetmore. The relevant statute provides that "Whoever shall willfully take the life of another shall be punished by death", offering no exceptions which would be relevant to the case. The jury seek a special verdict , so that they can make limited findings of fact without having to return
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