Criminal – "The Custom of the Sea"

Date: October 24, 2025
Host: Phoebe Judge
Guest: Adam Cohen (author, legal scholar)
Podcast: Criminal (Vox Media Podcast Network)

Overview

This episode of Criminal tells the harrowing true story of the shipwreck of the yacht Mignonette in 1884, the desperate survival tactics of its crew—including the infamous killing and cannibalization of the cabin boy Richard Parker—and the precedent-setting murder trial that followed. Through interviews, historical retellings, and legal analysis, host Phoebe Judge and guest Adam Cohen explore not only the events at sea but also the enduring ethical and legal implications that still resonate today.

The Voyage of the Mignonette: Setting Sail

[00:00–07:10]

• Thomas Dudley, born into a family of sailors, finds work as captain of the Mignonette, a small yacht needing transport from England to Australia.
• Despite the decline of the "Age of Sail" and warnings about the voyage's dangers, Dudley assembles a reluctant crew:
  • Edmund Brooks (seeking better work in Australia; [04:06])
  • Edwin Stevens (former navigator, his career ruined by a prior shipwreck; [04:45])
  • Richard Parker, a 17-year-old orphan seeking adventure and a new start ([05:10] Adam Cohen: "He's excited cause he too is interested in seeing Australia... becoming a man.").

Early Optimism – The Calm Before the Storm

[07:10–08:22]

• The crew enjoys smooth sailing and strong camaraderie.
• They skip the traditional sailor's "Neptune ceremony" upon crossing the equator—something they might later regret, as calamity soon follows.

Shipwreck and Survival

[08:22–13:23]

• A massive wave strikes, effectively destroying the Mignonette. The crew escapes in a fragile 13-foot lifeboat.
• Supplies are scant—turnips instead of meat, and almost no fresh water.
• The men confront immediate hazards: a leaking boat, sharks, and above all, dehydration.

Key Quote

• [09:18] Adam Cohen: "The big wave comes. And it sort of comes out of nowhere... and almost immediately, they know that the damage to the boat is irreversible."

Deprivation and Desperation

[13:23–17:31]

• The men catch and kill a sea turtle, sustaining themselves briefly on its meat and blood.
• As days stretch and hope dwindles, the sailors discuss the grim "custom of the sea": drawing lots to determine who will be sacrificed for the others.
• Richard Parker, physically weak and emotionally vulnerable, drinks seawater in secret, worsening his condition.
• Dudley repeatedly suggests drawing lots, but Brooks and Stevens initially refuse to consider it.

Key Quote

• [13:23] Adam Cohen: "There is a long... tradition of when there was a shipwreck... you could actually kill someone and eat them. And the actual custom of the sea was the drawing of lots..."

The Killing of Richard Parker

[17:31–23:14]

• As Parker sickens, Dudley privately urges Stevens to forego the lot-drawing custom and simply kill the cabin boy, rationalizing that Parker is already ill and has no family.
• On a bleak morning, Dudley says a prayer and slits Parker's throat while Brooks covers his head, unable to bear witness.
• The survivors drink Parker's blood and consume parts of his body—a desperate, primal act.
• Three days later, they are rescued by a passing German ship.

Notable Moments

• [22:09] Adam Cohen: "Dudley then moves towards the cabin boy and takes out his knife, says a prayer to God to forgive them for what they're about to do. And the cabin boy is very much alert enough to see what is going on and says his last words to Dudley: 'What, me, sir?'"

• [23:14] Phoebe Judge: "Eventually, Brooks asked for some too, and they gave him a can. Then the three men ate Richard Parker’s heart and liver..."

Confession and Arrest in England

[23:47–27:17]

• Once ashore in England, the survivors candidly recount their ordeal, believing they acted within a seafaring tradition.
• A harbor police sergeant, sensing a crime, confiscates the murder weapon and arrests all three men—something unprecedented for survivors of shipwreck cannibalism.

Key Quote

• [26:48] Adam Cohen: "[The sergeant] seems to have a feeling that a crime may have been committed. And he actually asks Dudley for the knife..."

Public Sympathy, Legal Precedent, and the Trial

[27:17–33:59]

• Public opinion largely supports Dudley, Stevens, and Brooks as sympathetic survivors who did what was necessary.
• Brooks is released and testifies for the prosecution; his testimony underscores the severity of their situation but also that the killing of Parker was never agreed by lot.
• The defense argues "necessity": choosing the lesser evil to save multiple lives. The prosecution refutes this, arguing that murder, even under duress, is still murder.

Key Quotes

• [29:21] Adam Cohen: "The main, strongest argument the defense had was this was a dire situation. The two possible outcomes were four men were gonna die in the lifeboat or one man was gonna die in the lifeboat. Dudley and Stevens took the path of one man dying in the lifeboat. That should not be a crime."

• [32:36] Adam Cohen: "[The prosecution argued] murder is murder. You know, it's very clear you're not allowed to take a knife and slit someone's throat and end their life. And you don't get to play God and decide..."

Solomonic Justice: The Special Verdict

[36:13–39:19]

• Presiding Judge Baron Huddleston, intent on conviction, manipulates the process with a "special verdict," asking judges to rule on the law after the jury determines the facts.
• The highest judges condemn the act: Parker’s right to life was paramount, and even dire necessity didn't justify his killing.

Notable Quote

• [38:20] Adam Cohen: "... one of the very early human rights decisions... what the judge ultimately says is Parker had the right to his life. We all have the right to our own lives."

Impact and Aftermath

[39:19–44:46]

• Dudley and Stevens are sentenced to hang, but public pressure and royal mercy commute the sentence to six months in prison.
• The Dudley and Stevens case permanently changes the interpretation of "necessity" as a legal defense for murder in both British and American law.
• The "no necessity defense for homicide" precedent stands and is still taught to first-year law students today.

Contemporary Resonance

• During the COVID-19 pandemic, ethical debates on ventilator allocation referenced the Dudley & Stevens precedent: "You can't take one person's life for another" ([40:02] Adam Cohen).

Aftermath and Legacy

[43:06–44:46]

• Stevens and Brooks are haunted for life by their ordeal; Dudley becomes semi-famous but eventually emigrates to Australia, where he dies of bubonic plague, the first known victim in Australia.

Reflection and Enduring Questions

[41:41–43:06; 44:46–end]

• The case remains a canonical moral and philosophical problem: Should the law ever allow killing one to save many?
• The story embodies the ancient conflict between utilitarian ethics and the sanctity of individual rights.

Final Reflection

• [41:47] Adam Cohen: "One of the great chasms in moral philosophy... One is to have these rules that prohibit bad acts and punish them. And another is to... always act to promote the greatest good for the greatest number."
• [42:49] Adam Cohen, summarizing its importance: "...such an inviting scenario that allows people to really test their own morality and how they view justice and how they view the world..."

Memorable Quotes

• “What, me, sir?” – Richard Parker’s last words ([22:09])
• “They [the court] decide that this is murder. That ending someone's life like this meets every definition of murder. And... Parker had the right to his life. We all have the right to our own lives.” – Adam Cohen ([38:20], summary of the judicial ruling)
• “Should not be a crime.” – Adam Cohen on the defense argument for necessity ([29:21])
• “We're just not gonna convict. Cause we just don't think justice would be served.” – Adam Cohen on potential jury nullification ([36:53])

Key Timestamps

• Setting the voyage and recruiting Parker: [00:00–07:10]
• Shipwreck and early survival: [08:36–13:23]
• Custom of the sea and Parker's vulnerability: [13:23–17:31]
• Murder and cannibalism: [17:31–23:14]
• Rescue and confession: [23:47–27:17]
• Trial and public reaction: [27:17–33:59]
• Special verdict and legal precedent: [36:13–39:19]
• Contemporary relevance and reflections: [40:02–44:46]

Tone and Style

Phoebe Judge’s narration is steady, compassionate, and inquisitive. Adam Cohen provides historical context and legal clarity with the calm, careful tone of an expert storyteller. The episode is haunting, thought-provoking, and rich in ethical tension.

This summary aims to capture the full arc and historical weight of this notorious maritime case and its ongoing importance to questions of law, morality, and the value of human life.