The Opinion of Justice Keen on the Speluncean Explorers

The Opinion of Justice Keen on the Speluncean Explorers
In the case of the Speluncean Explorers, four cavers are convicted for the killing of Roger Whetmore, one of their own. According to the law in Newgarth, any intentional murder is punishable by death. The Chief Executive received a petition to reduce the conviction from the death penalty to a six month’s prison sentence (Fuller, 1949). In this regard, Justice Keen, a member of Newgarth’s Supreme Court gave his opinion regarding the case. Justice Keen argues that executive leniency and the morality of the actions of the accused are not relevant to the case (Fuller, 1949). According to Justice Keen, the question that the court needs to deliberate upon should be based on the application of the law of Newgarth and the determination of whether the accused cavers knowingly murdered Whetmore. He asserts that there should be a distinction between the legal and moral facets of the case. Justice Keen’s decision implies that the judiciary should not make an appeal to the Executive for leniency on the case. Such appeals should only be made by private citizens but not by an arm of the government. Again, he points out that the morality question cannot apply in this case because the law of the land has to be applied. Thus, personal feelings should be separated from what the law says about murder. I strongly agree with Justice Keen’s opinion on the case.
In the issue of clemency, Justice Keen points out that the Chief Justice does not have any legal grounds to push the Chief...