I?m amused at the concept of a philosophical law class. Especially considering the question hinges on an inherently unlawful situation. The only reason the dilemma is being posed is because a group of people are about to take the law into their own hands.
The *right* course of action is the *lawful* course of action. The doctor must be jailed for committing the crime (especially if the confession fits the evidence) and the crowd must disperse since hanging (even in the old west) was unlawful unless performed by a legal authority in accordance with punishment.
Laws based on the well being of society cannot function if practiced with convenience. The moment laws start functioning in a fashion where they are treated differently based on who they are being applied to is the moment society takes a legal nose dive. And yes, we?ve been in a tail spin for quite some time.
The *right* course of action is the *lawful* course of action. The doctor must be jailed for committing the crime (especially if the confession fits the evidence) and the crowd must disperse since hanging (even in the old west) was unlawful unless performed by a legal authority in accordance with punishment.
Laws based on the well being of society cannot function if practiced with convenience. The moment laws start functioning in a fashion where they are treated differently based on who they are being applied to is the moment society takes a legal nose dive. And yes, we?ve been in a tail spin for quite some time.