The right to Self-determination ceases to exist when others make decisions for us.
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The Terri Schiavo Forum
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james
IP: 172.132.245.155 Sep 10, 07 - 8:28 PM |
Christa Pike and Terri Schiavo
http://www.volunteertv.com/home/headlines/8808997.html Pike was featured on a segment of Fox News recently. She is a very pretty but a sadistic and sick killer who totoured and killed a fellow student. This occured in 1995. Pike was sentenced to death. She has been on death row for over 10 years. Pike's appeals are still pending in the state courts. When the state appeals run out, a long process with federal appeals will start. It is unlikley Pike will be executed anytime soon. Pike seems to be getting more legal rights and protections that Terri Schiavo did. Both Terri and Pike has (was) been sentenced to die by an order of court. For Pike it will be lethal injection. For Terri is was starvation and dehydration (pulling of her feeding tube). While many argue that Pike's sentence is punishment while Terri's sentence was an affirmation of a constitutional right, both were Judicial Judgements. Pike has had and has been arguing for over 10 years the judicial correctness of her sentence (Does Pike really deserve to die?). The Schindlers had every legal right to argue every legal option for the judicial correctness of Terri's sentence (Did Terri really need to die given her circumstances?) Accuracy is the key not finality. Death row inmate get nearly 20 years to argue the judicial correctness of their judgement. Terri got only 5 years to argue the judicial correctness of her judgement. In fact, Judge Greer got tired of weighing the judical correctness of Terri's judgement and forbid the Schindlers for arguing other things related to it. Right to Counsel The constitution of the United States guarantees the right to something called "due process" to all those who face a potential loss of life, liberty or property. Due process involves having the right to be heard; to have a lawyer represent your interests; and the right to a trial by jury. In fact, this right is so strong under our system it is given to rapists, murders and the worst serial killers. Some times their appeals go on for years and decades and at great cost to tax payers. Yet while Ted Bundy has a right to counsel, the state is about to sentence a totally innocent woman to die and yet she does not even have the right to an independent lawyer. In essence, a capital criminal has more rights and protections than Terri Schiavo. This is a legal and constitutional travesty. Judicial Correctness! Accuracy is the Key not Finality! Christa Pike has had over 10 years and more to argue the Judicial Correctness of her sentence. Does Christa Pike deserve to die?- To answer that question may take up to 20 years. Terri only got 5 years for the Judicial Correctness of her sentence. Did Terri deserve to die under the circumstances.- Terri only got 5 years to argue that. |
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james
IP: 172.130.255.173 Sep 10th, 2007 - 8:58 PM |
Re: Christa Pike and Terri Schiavo
A court has determined that John Couey should die for his crime. The court has issued a judicial judgement to that effect. Since Couey is convicted killer, Couey will get years and years of appeals. It is unlikely that Couey will executed anytime soon. Couey's lawyers will now argue for years and years the judicial correctness of the court's decision (Does Couey deserve to die?) Couey lawyer's will use every possible legal avenue to protect the life of Couey. After all of the state appeals are done including a possible hearing with the Florida Supreme Court Couey will have the opportunity to take his case to the Federal court system. Couey will continue to fight perhaps for years for the judicial correctness of decision in the federal court system. Couey's sentence will ultimately sent to Governor for final approval. The Governor actaully has the power to pardon or commute Couey's death sentence. This is why it takes years and years for death row inmates to be executed. In fact, the fight to save a death row inmate's life can continue right up to very minute of their execution. Terri Schiavo never got the protection the John Couey will get even though Terri was subject to a judical judgement. Couey's judgement is death by lethal injection Terri's judgement was starvation and dehydration by the removal of her feeding tube. Each judgement is/was subject to judical corrctness. Couey could get up 20 years to fight for his judical correctness. Terri only got 5 years. In fact, every one of the Schindler's motions or arguments was necessary to ensure the judical correctness of the Judge Greer's decision. Am I saying Terri didn't have the Constitutional Right of Self-Determination? Terri did have this right. However, Terri did not exercise this right. The right was based on a judicial judgement. Judge Greer made the judicail judgement based on the evidence presented to him. However, since Terri's right to self-determination was based on a judicial judgement (trial in which evidence is submitted and everything is weighed), The ultimate decision and sentence by Judge Greer was subjected to judicial correctness. Death Row inmates get years and years of appeals to argue the judicial correctness of thier sentence and are afforded all sorts of legal protection and rights. Terri was treated differently and recieved less rights and portections to argue the judicial correctness of the judgement against her. To get an idea, the Schindler's presented the claim that Terri's death process constituted cruel and unusual punishment under the 8th Admendent. This was being done de Novo, the Schindlers and Schiavo would then argue with doctors to determine if this was true. The judge dismissed this claim stating that this argument did not apply because Terri was not a convicted criminal. Since her sentence or judgement was not a criminal sentence, the 8th admendent did not apply. Absolutely mindblogging in my opinion. |
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james
IP: 172.130.255.173 Sep 10th, 2007 - 9:44 PM |
Re: Re: Christa Pike and Terri Schiavo
Some of legal protections that Terri was denied included: The right to counsel, the right represented in court of law. - Michael Schiavo was represented by George Felos. The Schindlers were represented by Pamela Campbell. However, Terri was unrepresented. Schindler motions showed that Michael Schiavo was not legally permitted to represent Terri's right to privacy (right to refuse medical treatment) because that was a nondelegable right. The right compentant counsel. The right to trial by jury before the deprivation of her life. - Judge Greer served this role and well as Terri's GAL. The court's seemed to see wasn't a problem because the Schindlers could not show how the result would have been different. Actually the Schindlers argued a meritious defense in this regard in the fact that Terri's due process rights were being violated. The right for Terri's case to be heard before the Florida Supreme Court. The Florida Supreme court only considered the consitutionality of Terri's law which had nothing to do with judicial judgement passed upon Terri. The Florida Supreme Court declined to review the case on this matter. Terri's right to have federal rights considered. Terri did not get federal review of her rights until ordered by Congress. Even then, the courts refused to consider a De Novo review of Terri's federal rights. Death Row inmates get all of these protections. |
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