Why has no jury heard the Schiavo case?

March 27, 2005 | Critter

[Critter]

One thing has been troubling me for the last week. Why has no jury ever heard the Schiavo case?

Have the parents waived to right?

Heck, I really don't even know who is suing who in this case. I'm rather knew to what's going on.

But it seems to me that a case can be made that since no jury ever tried this case, Terri's, and/or the Schindlers constitutionally guaranteed right to a trial by a jury (7th Amendment) has not been satisfied.

Would it be possible at this point for the Schindlers to file an appeal based on that argument alone? And maybe get the feeding tube restored until a jury can hear the case and render a verdict?

[Modernman]

The 7th mendment does not make that distinction.

This issue was decided a long time ago. At the time of the writing of the Constitution, many of the 13 colonies did not provide juries for civil cases. The Founders did not intend for the 7th Amendment to supplant State law in civil cases.

[Critter]

Can you show me where this was decided? Like a court case?

[Modernman]

Can you show me where this was decided? Like a court case?

There's a good guide to jury requirements here:

American Judicature Society

[Critter]

Thanks. That does say the supremes have ruled on numerous occassions that the 7th only applies to federal corts.

The supreme court obviously has its head up its a$$ though, because the plain text of the 7th does not limit the guarantee of jury trials to federal courts.

One more reason to seriously consider getting out of previous engagements and getting to DC on April 7th, huh?

[antiRepublicrat]

and PVS was the concluding OPINION of just one judge

You and I have opinions. Judges have legal rulings.

You really expect the WORST from people don't you?

Maybe I wasn't clear enough. I expect the BEST from people. What decent person could go visit her and not have the urge to give her water in defiance of court orders? A little jail time means nothing when your daughter is dying of dehydration.

[bvw]

Could a grand jury look into the obvious criminality here -- on it's own volition, and supeona Terri, the nurses and the nurses assistants who have heard heard communicate, etc?

[atomicpossum]

I imagine you'd have to have some prosecutors who wanted to pursue the case.

Here's a link to a page that seems to outline that the system has been working against Terri in this case all along: http://theempirejournal.com/53209_schiavo_case_tangled_web_o.htm

[NCC-1701]

I'm waiting for those who cry for "death with dignity" to come out for Terri's RIGHT to DIE WITH DIGNITY. She is being deprived of that.

[antiRepublicrat]

Yeah, by giving her morphene it makes it easier for the staff to be in the same room with her as they kill her.

That's why we put masks on those in the electric chair, and why one of the drugs in lethal injections is a paralyzing agent so the witnesses won't see any thrashing around as the condemned struggles when the toxic agent is delivered (in case they're still awake after the pentothal).