Judge orders death without trial by jury!

American Constitutional Research Service | 10-18-03 | John William Kurowski

[Salvation]

"First they came for the Jews
and I did not speak out --
because I was not a Jew.
Then they came for the communists
and I did not speak out --
because I was not a communist.
Then they came for the trade unionists
and I did not speak out --
because I was not a trade unionist.
Then they came for me --
and there was no one left to speak out for me."
~~Pastor Martin Niemoller
(victim of the Nazis)

Is there anything we can learn from this?
When they came for the Catholics?
When they came for the Baptists?
When they came for the fundamentalists?
When they came for the agnostics?
When they came for the physically disabled?
When they came for the mentally disabled?

Just something for all of us to think about -- is this picture larger than we currently see it?

[joesnuffy]

"Compassionate Conservatism" to the rescue.........

[concerned about politics]

Governor Bush could stop this if he wanted to. He just doesn't want to get involved.

[ChinaGotTheGoodsOnClinton]

One thing about this has been bothering me.

Isn't true that the Chief Executive can pardon a CONVICTED MURDER up to the moment before his death?

That being the case, how can Jeb say he can't interviene in a case that is criminal even by cruelity to animal standards?

[pollywog]

Isn't true that the Chief Executive can pardon a CONVICTED MURDER up to the moment before his death?

I would think there are MANY ways that Jeb could intervene, if only to order the tube back in while he does a investigation.!!

[concerned about politics]

That being the case, how can Jeb say he can't interviene in a case that is criminal even by cruelity to animal standards?

Gov. Bush could stop it because there's conflict of interest by the husband. There's evidence of foul play. Her medical records show gross abuse leading to her condition. Broken bones and such.
Bush just doesn't want to get his hands dirty. Ordering an investigation could stop it. He has the power to do it.

[sgtbono2002]

Why not let this woman live as a Vegetable for another 13 years. Even a vegetable has rights. How come if the woman came in years ago with broken bones and bruises her husband wasnt investigated then? People are taken off machines and left to starve every day in this country. Shall we just stop taking tham off machines and let the medics keep them alive forever?

[shezza]

Jeb states even now that he cannot interfere with the ruling of the courts...yet by that argument, he could not issue a pardon or a stay of execution because THAT would be interfering with the court's decision of conviction and death sentence, which of course he DOES have the power to do. So his argument in Terri's case doesn't ring true, IMHO.

[shezza]

She's not on any machines whatsoever. All she gets is food and water. Period. Please tell me you don't consider food and water artificial life support.

[concerned about politics]

. So his argument in Terri's case doesn't ring true, IMHO.

He's willing to let her starve rather than make political waves. I don't think people will forgive him for it.
I suppose a pro-life Republican will rise to run against him next election cycle.

[Don W]

Before you shoot from the lip, perhaps you should go HERE, get some facts, and form a more lucid opinion.

[Pedantic_Lady]

This case really highlights the need for everyone, no matter how old or young they are, to think about what they would want their loved ones to do for them if they were ever in such a situation and make those wishes known. Write them down. Give them to your doctor and your family. I think the only way that a judge should be able to starve someone like this to death is if they asked for it in the first place. Personally, I wouldn't want to be kept alive in such a state; but that's just me. Who really knows what Terri would have wanted? It's just her husband's word against her parents' word. Obviously her parents aren't ready to stop fighting. Schiavo should just divorce her, hand guardianship over to her parents, and get out of their lives.

[supercat]

Why not let this woman live as a Vegetable for another 13 years.

Why not let her live at least as long as there are people who care for her, and attempt rehabilitation at least to the extent provided for in her trust fund (noting that it may be necessary to sue Felos to get a fair amount of that money back)?

[supercat]

Write them down. Give them to your doctor and your family.

If Terri had prepared a written and notarized statement of her wishes to be kept alive and given it to her parents (not her husband!), but Schiavo said she told him she'd changed her mind, do you not think Judge Greer would still have found Schiavo's statement (perhaps corroborated by his siblings) to be "clear and compelling" evidence that Terri wanted to die?

[Pedantic_Lady]

I don't see how he possibly could have, but then again, I'm a reasonable person who wouldn't have made the same decisions Judge Greer has.

[Theodore R.]

I thought that the FL governor could not be elected to a third consecutive term: that the state has a two-terms and out law, as in LA or MS. Askew, Graham, and Chiles all served two terms and did not seek third terms.

It may be that a right-to-life advocate in 2006 will be so marginalized in FL that he won't even get enough support to put his name on the ballot.

[livius]

There's a lot of pro-life feeling in many parts of Florida, particularly North Florida. However, politicians never try to capitalize on being pro-life because they are terrified of the Dem-controlled press.

But I think if they just had the cojones to do what they knew was right - that is, be openly pro-life - they'd get a lot more support than they expect. The press would attack them, but the press hates Republicans anyway, so I hardly see how that would change things for them.

[Theodore R.]

After what the GOP did to Pat Buchanan, I can't ever see a prolife person challenging the party establishment's choice for much of anything. GOP voters are like the "lap dogs," as George Will the ABC commentator once described some politician who I will decline to name at this point. They just ratify what the "bosses" tell them to do.

[JOHN W K]

From Florida’s Constitution:

SECTION 2. 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, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property; except that the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion, national origin, or physical disability.

SECTION 9. Due process.--No person shall be deprived of life, liberty or property without due process of law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.

And what due process is provided for?

SECTION 22. Trial by jury.--The right of trial by jury shall be secure to all and remain inviolate. The qualifications and the number of jurors, not fewer than six, shall be fixed by law.

Where does a judge get the nerve to determine that Terri ought to be put to death...what has happened to the protection found in having a jury make that determination?

JWK