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Is Prosecution The Solution? (Terri Schiavo Is Being Tortured, Torture Is A Crime, Therefore...)
National Review Online ^
| March 20, 2005
| Andrew C. McCarthy
Posted on 03/20/2005 11:01:40 AM PST by MisterRepublican
The U.S. Congress and the Florida state legislature are struggling to overcome impasses in their efforts to enact laws that might save Terri Schiavo's life, or at least have her case reviewed by federal courts. But is there a more straightforward solution? Excruciatingly slow starvation and dehydration is clearly a form of torture. Torture is a crime. So why don't the state law-enforcement authorities in Florida prosecute Michael Schiavo and any person who is aiding and abetting him in carrying it out?
After the feeding tube that sustains Terri Schiavo was removed on Friday afternoon, National Review's John Miller asked a question (on NRO's weblog, The Corner) which was penetrating in its trenchant simplicity: "If somebody put a pistol to [Terri] Schiavo's head and pulled the trigger you know, to give the "dying process" a little nudge would the shooter be guilty of murder under Florida law?" Well, given that we've had no small amount of propaganda from right-to-die activists about the purported humaneness of letting Terri wither and die, why doesn't someone just shoot her or at least administer the procedure employed to execute in capital cases. It would, after all, be quicker and thus more humane, right?
It is not being done because its crude blatancy would too obviously spotlight that what's happening here is cold-blooded murder.
(Excerpt) Read more at nationalreview.com ...
TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: civilrights; crime; crimeagainstterri; cruel; crueldeath; cultureofdeath; deathcult; deathsentence; eugenics; evil; evilinamerica; killingthedisabled; killingthehandicaped; killingtheinjured; killingtheweak; lifelibertyhappiness; parentsrights; schiavo; starvingtodeath; terri; terrischiavo; terrisdeathsentence; terrisfight; torture; turass
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To: MisterRepublican
I've posted this here a hundred times, and been slammed for it.
Attempted murder is against the law in Florida.
Why has the state not arrested and charged Michael Schiavo?
2
posted on
03/20/2005 11:03:28 AM PST
by
Jim Noble
To: Jim Noble
"The law, aptly, is called "Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults" (Florida Penal Section 825.102) [see here]. Under it, for example, it is a serious felony to cause the "[a]ggravated abuse of [a] ... disabled adult" by, among other things, "[w]illfull tortur[e]." Under the same statute, moreover, it is a serious felony if one responsible for an incapacitated adult "willfully or by culpable negligence neglects [a]...disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement[.]" And the law regards as a somewhat less serious offense, but still a felony, a responsible caregiver's "failure or omission to provide [a]...disabled adult with the care, supervision, and services necessary to maintain the...disabled adult's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the...disabled adult."
3
posted on
03/20/2005 11:06:42 AM PST
by
MisterRepublican
(I DEMAND THAT FOX NEWS GET JENNIFER ECCLESTON BACK FROM NBC!)
Comment #4 Removed by Moderator
To: Jim Noble
"Attempted murder is against the law in Florida.
Why has the state not arrested and charged Michael Schiavo?"
Democrats act first and force Republicans to react...
Republicans are too weak to do what needs to be done. To send in the state police or the HRT and get Terry out to a hospital and real doctors.
5
posted on
03/20/2005 11:07:55 AM PST
by
dinok
Comment #6 Removed by Moderator
To: MisterRepublican
If a hardened career criminal is sentenced to death they are given every comfort available. If they (the state) are going to murder Mrs. Schiavo, then why isn't she given the same accord criminals are? Tranquilizers to relax and then stop the heart. How many would protest the starving and dehydration of criminals? The court cases would overflow, but not here.
7
posted on
03/20/2005 11:11:08 AM PST
by
BipolarBob
(Yes I backed over the vampire, but I swear I didn't see it in my rearview mirror.)
To: MisterRepublican
With all apologies to Mr. McCarthy's reputation and his position, perhaps he might have swung by here before he belched his belated post-prandial gaseous profundities after having digested yesterday's lunch of sour grapes and rotten cabbage; this same thing has been stated here countless times.
Take a Tums, Mr. McCarthy, and get in line.
8
posted on
03/20/2005 11:12:25 AM PST
by
Old Professer
(As darkness is the absence of light, evil is the absence of good; innocence is blind.)
Comment #9 Removed by Moderator
To: MisterRepublican
10
posted on
03/20/2005 11:16:42 AM PST
by
expatguy
(http://laotze.blogspot.com/)
To: dcuddeback
"Our courts don't recognize logic"
Boy, ain't that the sad truth. Jurists can't figure out what a 10 year old can.
11
posted on
03/20/2005 11:17:26 AM PST
by
Sola Veritas
(Trying to speak truth - not always with the best grammar or spelling)
To: MisterRepublican
The Terri case is not unique. Hundreds and hundreds of families around the country face the same choices. Removing the feeding tube is the only way to lawfully "pull the plug" just as removing a ventilator causes somebody to suffocate.
Is everybody on this thread so far suggesting that people who have pulled the plugs on family members over the years be charged with murder? Are the congresspeople going to investigate every case where somebody has the plug pulled? This case is not at all unique outside of the media attention it has received.
To: BipolarBob
Yea, just think, if it's so painless and peaceful to starve and dehydrate to death, why don't we start doing that with our condemned prisoners?
Just lock 'em in their cage and let them 'peacefully and painlessly' expire by themselves, with no food or water.
13
posted on
03/20/2005 11:19:30 AM PST
by
GaltMeister
(The only time a Democrat should be allowed in the White House is to visit the President.)
Comment #14 Removed by Moderator
To: Made in USA
Democrats are now ,"Gleefully, going to kill another life"
15
posted on
03/20/2005 11:25:00 AM PST
by
Zenith
To: MisterRepublican
The problem with prosecuting the persons aiding Michael Schiavo is -- let's face it -- that the number one co-conspirator in the murder is the Florida State Court. The Framers recognized that state courts would be a source of grave abuse and injustice, and created a Federal court system -- with diversity jurisdiction, and the ability of Congress to establish Federal jurisdiction -- to prevent injustices in the lower courts.
And in the post-Civil War era, Congress passed many laws -- including the famous Section 1983 -- to grant Federal jurisdiction in cases where a person was being deprived of a Constitutional right.
There are many issues that have been wrongly decided here:
First, there has not been enough medical testing to determine if Terri Schiavo is in a permanent vegetative state. As President Bush says, there should be a "presumption in favor of life."
Second, Michael Schiavo has too much self-interest here for any court to PRESUME that he has Terri Schiavo's best interests at heart. In English common law, "no one can be the judge in his own case." It would not be a bad idea for the US Supreme Court to acknowledge that principle as a fundamental principle of the rule of law in any jurisdiction. But here, especially, to give a presumption in favor of his statements and wishes is gross error.
Third, until these issues can be put to rest, it makes no sense to kill Terri (as the judge said, "Let's get this over with." What is the harm in keeping her alive and appointing a guardian ad lit-em who could use the medical malpractice recovery to see if Terri could benefit from therapy?
Fourth, why is the medical malpractice recovery not being put in trust for Terri? And why should Michael Schiavo receive the proceeds to do with as he pleases if Terri dies? It is a travesty of the tort system for a medical malpractice judgment to be put in the hands of a person who stands to benefit from further harm to the victim. This incentives harm to persons who cannot take care of themselves.
Finally, why are none of these issues being brought to the fore? Why is this all becoming a "Republican vs. Democrat battleground?" I believe I know the answer -- because the Democrats fear any injection of morality into the public policy debate, or anything that deprives them of power. Their only power base in the future will be the courts and the judges like this. If they deprive this judge of power over moral issues, they lose power overall. It is critical to them that they win this case. It is critical to anyone who believes in the fact that our rights are individual to us -- endowed by our Creator -- and negotiated to the government, that this judge and the Democrats be stopped.
16
posted on
03/20/2005 11:25:12 AM PST
by
Acton
(Many Issues -- None Decided Rightly)
To: OneTimeLurker
Is everybody on this thread so far suggesting that people who have pulled the plugs on family members over the years be charged with murder? No, but their motives will be judged by a much higher authority. This is what happens when morality and character of a society, have taken a nosedive.
Just 20yrs ago, while in nursing school, the medical community at large were pretty united in that they wouldn't "pull the plug" on anyone... unless there was a total lack of brain activity. It's disgusting to me that someone could murder an "inconvenience to their lifestyle or ambitions". They will reap what they sow.
To: OneTimeLurker
This case is unique in that there has been a blatant attempt at misdiagnosis. The woman is mentally conscious although severely mentally challenged (not brain dead), breathing on her own and was simply on a feeding tube that she could have been weened off of.
This is a criminal case.
18
posted on
03/20/2005 11:39:30 AM PST
by
Earthdweller
(US descendant of French Protestants)
To: Earthdweller
ATTENTION
I just read on another thread that the removal of the feeding tube went wrong and Terri now has infection and fever.
I recall the last time the tube was removed, Terri was transported to a hospital to have it done.
So...removing the tube in the non-sterile environment of the HOSPICE is a CRIMINAL ACT.
I rest my case.
19
posted on
03/20/2005 11:44:34 AM PST
by
spokeshave
(Strategery + Schardenfreude = Stratenschardenfreudery)
To: MisterRepublican
So why don't the state law-enforcement authorities in Florida prosecute Michael Schiavo and any person who is aiding and abetting him in carrying it out? I bet you'll find the answer to that question in the campaign donation records of the officials responsible for conducting such a prosecution.
20
posted on
03/20/2005 11:48:48 AM PST
by
thoughtomator
(Sick already of premature speculation on the 2008 race)
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