Case Study: Applying Jurisprudence

Imagine...In June of 2030, five cave explores were enjoying a week of exploring caves at the Carlsbad Caverns National Park in New Mexico. The group had entered a set of caves early on Friday morning and were deep with in the cave system by noon. Just as the group decided to stop for lunch, the ground began to shake, and a large roar came from far behind them in the direction of the entrance. The group immediately began to make their way back towards the entrance of the cave. As they got closer, the dust and debris filled the air making it impossible for them to get much closer until it settled. Even though the group was not entirely sure what had happened, they were pretty sure at this point that there had been a cave in.

What the group did not know was that a massive earthquake had hit causing catastrophic damage that covered almost all of the lower end of New Mexico, Arizona and California. Directly relating to their situation, the earthquake caused a landslide that covered the entrance of the cave with approximately 600,000 cubic tons of rock and dirt. Evidently, rescue would not be immediate.

Approximately six hours after the rumble and shake inside the cave, the dust had settled enough for the five cave explorers to make it closer to where the entrance used to be. Once there, the explorers knew they were in trouble. But, because they had no idea of what had actually occurred, they assumed that at some point help would come.

Inside the cave, some distance away from the entrance, was an underground stream that contained water. So, the group knew that they at least could survive for a while if they took all their supplies and set them to rations hoping there would be enough to last until help could get to them.

From outside the cave, the group had informed family members and other friends what they were doing, so people were aware that the group was in the cave. After the quake, several of these people banded together and made their way to the cave entrance within four days of the cave-in. Once there they tried to get help, but with the devastation it was near to impossible to secure any immediate assistance. The family began to dig their way in with whatever they could find.

However, it would take them more than four weeks for them to break a hole into the caves interior.

In the meantime, from inside the cave, the group’s food was enough to last two days. They decided to make their way to the cave’s underground stream, fill all of the water bottles, and then head back to the cave entrance. However, this trek expended a lot of their energy. With no food they began to experience severe physical difficulties before they made it back to the entrance. So approximately a mile from the head of the cave, the group set up camp. In the dark of the cave, with no phones or any way to determine time or days, the group began to deteriorate quickly.

After a week, the group ran out of water and had to make their way back to the stream. This time the group stayed at the stream. Even though they had no way of telling how much time had passed, the group knew something was very wrong when help had not come. But by now all members of the group were physically in very bad shape.

Outside of the cave, the group’s family and friends worked feverishly, but the digging was treacherous and painstakingly slow. Ironically, a day after the group went back down to the stream, the digging had reach a point that it could be heard from inside the cave, but not from the stream location.

The group was to the point of complete exhaustion and all were starving. By the time they had figured out that something was wrong, they were all too weak to physically labor. Two of the group began to discuss survival. And came to the decision that the only way they were going to survive was to sacrifice one of the others.

They figured that by sacrificing one of the others, the rest of the group could get enough strength to start to at least attempt to dig themselves out. If not, the two figured that they would all be dead within days.

The problem...how do they decide who to sacrifice?

The two sit down with the others and explain to them what they were thinking. At first there was some resistance but, in the end, all five agree that this might be there only way out. However, one of them will die.

Bob Station, one of the five group members, suggests drawing straws to determine the fate of the group. “Then,” he said, “Fate decides which one of us dies and not us.”

The group agrees, and they find materials to make the straws with one shorter than the others. Right before they are ready to start to pick the straws, Bob says, “Wait, wait … I think we shouldn’t do this. What if someone comes tomorrow?”

The group ignores Bob and the members begin to draw the straws. Bob refused to pull one so he got the last straw remaining.

It was the short straw.

On Day 23 in the cave, the group killed Bob. Once they were able to get nourishment and rest, they filled the water bottles and made their way back to the cave entrance. Once there, they could hear the muffled sounds. The group began to dig as best they could from inside the cave, but were in such poor condition none could last that long in their efforts.

On Day 30, the workers broke through and the four remaining group members were rescued.

After the story of what had actually happened to Bob came out, the Federal prosecutor assigned to New Mexico filled first degree murder charges against the four men. The statue that the four were charged under reads: “Whoever shall willfully take the life of another shall be punished by death.”

Suppose the jury finds all of the survivors guilty and the trial judge promptly sentences the defendants to death. However, after the jury is released from duty, its members petition the Supreme Court to reconsider the verdict and commute the sentence to six months imprisonment, although they are uncertain whether clemency would be granted under the circumstances.

Five Justices on the Supreme Court review the petition requesting appeal of the murder convictions and death sentence. The legal philosophies of the judges are well known:

Chief Justice Terell is a textualists but favors executive clemency.
Justice Foster is a natural law theorist.
Justice Fall is not associated with any legal philosophy, and due to illness withdraws from the case.
Justice Keen is a legal positivist who prefers using the “plain meaning” of the statute but disfavors executive clemency.
Justice Handy is a legal realist.