Why was only one man, Judge Greer, the determinant of the facts in Terri's case?
In most other cases, it is a jury that determines the facts. Certainly the facts in all capital cases are determined by a jury, although the defendant could select trial by a judge if he were so inclined.
Qualified individuals can make wise judgments. An individual can also make horrific judgments. Our society has determined that groups of individuals are more likely to be wise. That is why we have city councils, company boards of directors, and jury trials. Groups of people tend to be "less imperfect" than single individuals.
Setting aside personalities, as distasteful as they appear to be, having only one person determine the facts seems to be the central failing of the judicial system in Terri's case. For the future, that failing could be solved by legislative action.
For the future, that failing could be solved by legislative action.
It could be. But will it be? I doubt it. A federal judge just scolded the legislative and executive branches for trying to interfere with the judiciary and their sacrifice to show the world who runs the United States. So far the response of the leg. and exec. branches doesn't look promising.
And I think that any appellate court that wanted to could have found "reversible error" and ordered a re-trial. But again I'm thinking of a criminal case . . .
This was a probate case. Probate courts don't have jury trials; those are for civil cases.
Certainly the laws need to be changed that in life and death cases, certainly when they are contested, need to be moved to civil court or at least decided by a panel of judges, not just one judge with an obvious agenda.
My same thought, where was due process? Bioethics,
Oligarchy of Despots,,,, explains it all, nothing more, nothing less.