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The Terri Schiavo Forum
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James
IP: 172.135.72.116 Oct 26, 07 - 8:39 PM |
Terri Schiavo Due Process
By the time the case had ended and Terri died, the following had been chronicled in the courts: fourteen appeals and numerous motions, petitions, and hearings in the Florida courts; five suits in Federal District Court; Florida legislation struck down by the Supreme Court of Florida; a federal legislation (Palm Sunday Compromise); and four denials of certiorari from the Supreme Court of the United States. Some will firmly believe that Terri got "Due Process". Actually what Terri got was alot of review and "Process". Terri got "Process". But, Terri didn't get "Due Process." So what exactly is "Due Process"? It is a very compilcated matter in our legal system but in a nutshell, Due Process is the following: From Wiki: "In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property. Due process has also been frequently interpreted as placing limitations on laws and legal proceedings, in order for judges instead of legislators to guarantee fundamental fairness, justice, and liberty." Well, did Terri get "Due Process"? In 1998, Michael sought state action (The Florida Court System), to end the life of Terri Schiavo based on the fact that it was her wish to forego the feeding tube and to die. In 2000, State Action (Judge Greer's court order) was passed upon Terri allowing Michael to remove the feeding tube to let her die. This was supposely the fullfilling of her wish not to kept alive and the upholding of her constitutional right to refuse medical treatment. I see 2 primary problems with this ruling: 1. There was nothing in writing or tangible that Terri Schiavo wanted that except the hearsay testimony of Michael, Scott and Joan 2. While I do support the right to refuse the medical treamtment, Greer's decision was transformed into a death sentence because removal of the feeding tube was going to kill Terri. This was implication of the state action (The Florida courts) of issuing an order that end the live of a US citizen. This further implicated the following constitutions admendents and rights: 5th Admendment - No person shall be ... deprived of life, liberty, or property, without due process of law. 14th Admendment - No State shall ... deprive any person of life, liberty, or property, without due process of law. It also futher implicated the Florida Constitution Basic Rights: "All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty" "No person shall be deprived of any right because of race, religion, national origin, or physical disability." "The right of trial by jury shall be secure to all and remain inviolate." Bearing all this in mind, what are the only cases in Florida that are seriously subjected to these underlying pricipals? Death penalty cases! However, Terri even though she had comitted no crime, a action (taken by the Florida Courts) was going to end her life. Continued... |
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James
IP: 172.135.72.116 Oct 26th, 2007 - 8:51 PM |
Re: Terri Schiavo Due Process
So in death penalty cases, where the state is going to end the life of person, what legal rights and protections do these people get to ensure their "Due Process"? 1. Right to Trial by Jury. 2. Competent independent counsel. 3. Right to appeal to the Florida Supreme Court. 4. Subjected to the Reasonable Doubt Standard. 5. Appeal to the Federal Courts? 6. Right to appear in court. 7. Protection from Cruel and Unusual Punishment and Treatment. Did Terri get any of this rights, even though court action (state action) was being taken to end her life (the 2000 trial and susquent court orders to remove her feeding tube.)? No!!!! Terri didn't even one of these rights! 1. Right to Trial by Jury - Terri's life was decided by one person, Judge Greer. Apparently Terri was waived her right to a jury trial on whether she should live of die (Was their evidence of her wishes to die?). 2. Independent Comptent Counsel - Terri was never represented in any court proceeding seeking to end her life. Michael was represent and the Schindlers were represented but Terri was never represent even this was entitled and retained to Terri Schiavo. 3. Right to appear is court. Terri never got to appear and court and Judge Greer flatly refused to go and see Terri Schiavo. 4. Subjected to the Reasonable Doubt Standard - The evidence to determine on whether Terri would live or die was based on Clear and Convincing Evidence; a lower standard. 5. Right to appeal to the Florida Supreme Court - That Court never ruled on any of the merits of the case and refused to intervene. 6. Federal Court Appeals - The Federal Courts refused to intervene until demanded by Congress. 7. Protection from Cruel and Unusual Punishment - The federal judge wrote that since Terri was not a convicted criminal she was not entitled to be protected from cruel and unusual punishment. I this you can see the fundemental unfairness here. Why do death row inmates get all of the legal rights and proections? But innocent disabled person who cannot speak for themselves get none of these protections. continued.... |
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