United States v. Holmes case brief

 

• United States v. Holmes- ∆ and others threw 14 male passengers overboard after it began to leak. Tr. Ct looked at the relationship b/w the parties- sailors were bound to sacrifice their own lives in order to save the passengers. “When the life of one must be taken to appease the hunger of others, the selection is by lot”
  • Certain people have a duty to die.
    • The crew members had the duty to protect and should be the 1^st to die instead of killing off the passengers
    • Even w/ a duty it still must be fair
  • A problem w/ killing even when drawing lots people might panic but if it illegal people might wait until it is absolutely necessary