FACTS OF THE CASE: Four accused stand trial before your court for the murder of Juan dela Cruz. They were members of an amateur organization interested in the exploration of caves, but now removed from the roster of members owing to the present criminal case they now find themselves in. Sometime in October of 2021, they, in the company of Juan dela Cruz, also a member of said organization, penetrated into the interior of a limestone cavern. While being already at a considerable distance from the entrance of the cave, and well within the bowels of the earth, a landslide occurred, with heavy boulders falling at the entrance in such a manner as to render it virtually impossible to pry, thus practically sealing them inside without any means of escape. When, finally, these men discovered their predicament, they decided to settle by the sealed entrance in hopes of a timely rescue. On their failure to report back to their organization after several days from the time they first set out, the organization’s president informed the authorities of the matter, giving them the location of the cave Juan dela Cruz’s group proposed. A rescue party was then promptly dispatched to the cave. At the supposed cave’s entrance, the rescuers were confronted with loads of soil and mud, making it overwhelmingly difficult to dig through. They needed special machinery which proved futile to bring to the area owing to the special topography of the place. Despite this, the rescuers, with their shovels and hands, dug relentlessly. They managed to remove large chunks of soil despite their handicap. Hope was not lost, they believed. This hope was nonetheless short-lived as, having removed a substantial amount of soil, they came upon large boulders all but impossible to move. More than this, heavy rains caused fresh landslides, replacing all the tons of rubble they have painstakingly removed prior. But the rescuers didn’t give up. On the 30th day from the time Juan dela Cruz’s group first entered the cave, they were finally rescued. Prior to their rescue, and while still inside the cave, the trapped group had weighed their options. While they knew (or hoped) that a rescue party would be dispatched once their continued absence was noticed, still, anxiety was early on felt, as they had no way to know whether, in fact, a rescue party was dispatched, and if there was, how long before they could finally be rescued. On the 15th day of their imprisonment, the rations they brought with them (which they sparingly consumed), finally ran out. There was, however, a glimmer of hope that sipped through the cracks as finally, they were able to communicate with the rescue party. Their wireless radio, which was before then unable to transmit anything (perhaps due to the completely obstructed entrance) began to crackle. They soon found themselves communicating with the rescue party, and was soon informed that it would take at least two more weeks before the rescuers could breach the tons of boulders standing sentry at the entrance. A sudden rush of fear enveloped them anew, devouring what little hope they had found in the darkness. By the 20th day, they had become so starved. Desperate but unwilling to give up, Juan dela Cruz proposed an idea. Juan dela Cruz proposed that they would be able to find the much needed nutriment for their survival in the flesh of one of them. Initially found by the other group members to be so odious, they eventually succumbed to hunger and agreed. Juan dela Cruz further proposed the use of some method for casting lots, calling the attention of his groupmates to a pair of dice he happened to have with him. After much discussion, agreement was finally reached on how the dice should be used to draw lots. Where, finally, everyone was ready to draw lots, Juan dela Cruz had a change of heart and decided not to participate, contending that it was best if they waited a few more days. The others, however, would have none of this and decided to push through with the drawing of lots. When, finally, Juan dela Cruz’s turn came, he refused to participate. The dice were thus cast for him by one of his companions. He was asked whether there was any opposition from him regarding the throw. Juan dela Cruz said he had none. The throw went against him. He was put to death by his companions and eaten. On the 27th day, the rescue party was informed by the group of what happened. After their rescue, and after they completed their stay in a hospital where they underwent several treatments for malnutrition and shock, the four accused were charged with the murder of Juan dela Cruz. As the judge trying the case, decide whether the four accused are guilty or not guilty.
FACTS OF THE CASE:
In 1944, a German soldier came to visit her wife while on assignment. During this visit, he intimated to his wife his disapproval of the Hitler government, expressing his displeasure of Hitler’s regime, and his disappointment that Hitler was not killed during a recent assassination attempt. Immediately after the soldier left, the wife told on him and reported to the authorities what her husband conveyed to her in private. The husband was arrested shortly thereafter, was tried, convicted, and sentenced to die. After the collapse of the Nazi regime, there was a clamor for the government to go after grudge informers. Among those charged in court was the wife, who was brought to trial for having procured the false imprisonment of her husband under the German Criminal Code. During trial, it was found out that during her husband’s absence, the wife had turned to other men and engaged in adulterous relationships. In her defense, the wife argued that her actions were legal considering that what her husband did or said was considered a crime at that time. She invoked the following Nazi criminal provisions: 1934 Statute (i) Whoever publicly makes spiteful or provocative statements directed against, or statements which disclose a base disposition toward, the leading personalities of the nation or of the National Socialist German Workers' Party, or toward measures taken or institutions established by them, and of such a nature as to undermine the people's confidence in their political leadership, shall be punished by imprisonment. (ii) Malicious utterances not made in public shall be treated in the same manner as public utterances when the person making them realized or should have realized they would reach the public. (iii) Prosecution for such utterances shall be only on the order of the National Minister of Justice; in case the utterance was directed against a leading personality of the National Socialist German Workers' Party, the Minister of Justice shall order prosecution only with the advice and consent of the Representative of the Leader. (iv) The National Minister of Justice shall, with the advice and consent of the Representative of the Leader, determine who shall belong to the class of leading personalities for purposes of Section i above. 1938 Statute The following persons are guilty of destroying the national power of resistance and shall be punished by death: Whoever publicly solicits or incites a refusal to fulfill the obligations of service in the armed forces of Germany, or in armed forces allied with Germany, or who otherwise publicly seeks to injure or destroy the will of the German people or an allied people to assert themselves stalwartly against their enemies. As the judge trying the case, decide whether the accused is guilty or not guilty.