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The standards to convict criminals are infinitely higher, than the standards to order the death of an innocent, defenseless person.
1 posted on 04/15/2005 9:45:26 PM PDT by FairOpinion
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To: AndrewC

"Further, the Court held that a surrogate could exercise this right for people who (a) were in a “persistent vegetative state” (PVS) and (b) had convincingly expressed a desire not to be sustained if they ever reached that state. "

====

As you pointed out in your post 43 on another thread,

http://www.freerepublic.com/focus/f-news/1379488/posts?page=43#43

Greer referred to Michael Schiavo as a surrogate, when in fact, he was a proxy.



Reading the copy of the February 11 2000 order to kill Terri, it seems that Judge Greer was in error as to the law. In the decision he used the word surrogate. Surrogate is the individual designated by the incapacitated person in an advance directive to make medical decisions for the incapacitated person. There was no advance directive. Michael Schiavo was a proxy. Plus he does not provide a citation to the exception in the law which allows hearsay evidence.

90.802 Hearsay rule.--Except as provided by statute, hearsay evidence is inadmissible.

765.101 Definitions.--As used in this chapter:
(14) "Principal" means a competent adult executing an advance directive and on whose behalf health care decisions are to be made.

(15) "Proxy" means a competent adult who has not been expressly designated to make health care decisions for a particular incapacitated individual, but who, nevertheless, is authorized pursuant to s. 765.401 to make health care decisions for such individual.

(16) "Surrogate" means any competent adult expressly designated by a principal to make health care decisions on behalf of the principal upon the principal's incapacity.

http://www.miami.edu/ethics2/schiavo/021100-Trial%20Ct%20Order%200200.pdf



43 posted on 04/14/2005 9:32:26 PM PDT by AndrewC (Darwinian logic -- It is just-so if it is just-so)



2 posted on 04/15/2005 9:49:18 PM PDT by FairOpinion
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To: FairOpinion
Actually, that's incorrect. The standards to put a convicted murderer to death are much higher and exacting than the standards to put an innocent and defenseless person to death. In Terri Schiavo's case, there's no question our justice system malfunctioned. Its got to be fixed.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
4 posted on 04/15/2005 9:52:03 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: FairOpinion; AndrewC

The illegalities in Judge Greer's behavior just keep piling up. This is the "rule of law" that was so sacred to Jeb Bush that Terri Schiavo had to die in order to preserve it.

Terri died not just be court order but by Executive Cowardice.

The real problem is not the courts, but the widespread belief in Absolute Judicial Supremacy.


5 posted on 04/15/2005 9:54:51 PM PDT by Arthur McGowan
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To: FairOpinion

Excerpt from Blogs for Terri:

April 15, 2005

Another Terri Schiavo-Like Case - This One's in Chicago
Several people have emailed me the following story about Clara Martinez, a Chicago woman who is reportedly being starved to death.

Martinez suffered a debilitating stroke a year ago and her husband signed a "Do Not Resuscitate" order that led to the disconnection of her feeding tube. She is able to consume liquids through her mouth and, so far, has survived for thirty days without food.

Under "normal" circumstances her situation would have gone unnoticed had it not been for the intervention of a pastor of the Hispanic Evangelical Church. Her family also opposes the husband's decision.

I spoke to the article's author, Jorge Mederos. He said the family feels "powerless" and has called the media without response. "No one is paying attention," he said. "The family is planning a protest tomorrow or over the weekend."

http://www.blogsforterri.com/archives/2005/04/another_terri_s.php#more

***ATTENTION PLEASE:

Since the family is looking for media attention, perhaps we can help them out. If you don't have much time, please at least make one contact:

Sean Hannity's e-mail: James.Grisham@abc.com


Special Note

Nationwide local media contact database - one of the best all-purpose links.
http://www.congress.org/congressorg/dbq/media
For contact info for all media in a local area, enter your zipcode.
For contact info for all media in a state, click that state on the map.
For national media, check the "show national media" box.

When it returns your list of media outlets, you can click on the name to go to the website.

If you want to send email to any or all of them, click the box next to the name. Then, click "compose message". When the next screen comes up, enter the requested information, type in your message, and click "send message".

==>Added bonus: on the left hand side of the search page are links to the same kind of contact info for national, state and local officials; and state agencies.

To Call FOX News Channel:
1-888-369-4762

FOX News Channel Comments
Comments@foxnews.com

cbs phone # is 212-975-3247; e-mail is audsvcs@cbs.com

If you call you can either leave a message on their answering machine, or if you wish to talk with a "real person," call between 10 - 11:30 a.m. or 2 - 3:30 p.m.

netaudr@abc.com

nbcshows@nbc.com


7 posted on 04/15/2005 9:56:28 PM PDT by Sun (Visit www.theEmpireJournal.com * Pray for Terri. Pray to end abortion.)
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To: FairOpinion

Make no mistake, there were parallel battles going on:

• Terri Schiavo’s fight for life
• The deatheaters right to murder
• The judicial branch’s fight to remain omnipotent in violation of the Constitution

The judge, acting in addition as jury and executioner, is the enemy of our country. The judicial system uniformly supported him, showing their loyalty to their guild far exceeded their loyalty to God, Honor, Country.

The President swore to uphold and defend the Constitution of the United States against all enemies, foreign and domestic. To protect our rights to LIFE, Liberty and the Pursuit of Happiness. He did "what he could".

The world watched as he stood by, hands in his pocket, claiming to be “for life” and doing nothing.

Doing your best is always good enough for God. Claiming to do your best is not.

When he allowed Terri Schiavo’s murder, a part of his soul died, too. He had the power. He wasn’t the man.


8 posted on 04/15/2005 9:58:54 PM PDT by Rodentking (http://www.airpower.blogspot.com/)
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To: FairOpinion

Bump.


12 posted on 04/15/2005 10:33:03 PM PDT by TBP
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To: FairOpinion

The medical industry and the penal industry are closer to each other than most people realize, but if you think about it, it seems they met, coincided, at the point of the TS events. Same mechanism, same methods, same thinking. This point is where a new power is growing, and this is where we ought to start thinking about what is going on.


15 posted on 04/15/2005 10:36:28 PM PDT by RightWhale (50 trillion sovereign cells working together in relative harmony)
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To: FairOpinion

I am still so sad about her suffering that I can barely stand to read this stuff.


26 posted on 04/15/2005 11:24:44 PM PDT by MarMema
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To: FairOpinion
The more I think about Terri Schiavo, an innocent, disabled, defenseless woman sentenced by court order to a barbaric horrendous death, I wonder why did she have to die?

It's obvious her husband for whatever specious reasons he could concoct, treated Terri as if she were an albatross chained around his neck. A lingering presence that he had to eliminate. The only way he could affect this was through a judicial system to maintain his own freedom, and fortunately for him, not for Terri or her loving family, he found Judge Greer and Attorney Felos.

Terri was treated no better than a slave. Damaged property to be disposed of because she was no longer useful to her husband.

All the wondrous and gallant words of our Constitution, our Declaration of Independence, and our Bill of Rights could not save her from this heinous death order. A husband's desire based on his recall seven years after his wife's collapse of Terri's plea to do her in, starve her to death if she should become a 'vegetble' was all that was needed for Judge Greer to agree, of course the judge did take into consideration Michael's brother and sister-in-law confirmation of Terri's wishes. but, all others who disagreed and refuted these claims were not heard.

The question I have for Michael Schiavo is based on whether he is sane. For what madness must lurk in the mind of a man who stands by while his wife suffers and slowly dies by starvation and dehydration. He sees her tongue swell and crack, he sees a thick film appear around her mouth and throat which will eventually clog up her respitory system. He sees her gasping for air. He stands by. No succor, no water for her cracked lips. Nothing. He stands and watches. Counting the hours to her death. Her death, his freedom.

The doctors give Terri morphine. Is it more for Michael's need for a semblance of 'euphoria' and 'peace' that Felos told him would come as a result of starvation?

Her eyes hollow and dull, perhaps Terri feels fear. Some recognition that something is terribly wrong. Her throat is dry, no one gives her water. Her skin is cracking, no one puts lotion on to soothe her. Her organs are drying up, and why is her mother, her father, her brother and sister standing by with horror in their eyes and horror. Why aren't they touching me? A priest comes. Why?

Michael is surely insane to allow this to happen, to see the truth of his barbarey when all he should have done was to release her to her parents. Why was it so imperative that she die? Why could he not let her live?

35 posted on 04/16/2005 7:45:16 AM PDT by harpo11
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To: FairOpinion

"The standards to convict criminals are infinitely higher
than the standards to order the death of an innocent
defenceless person." This is a frightening truth,
and Cruzan was a major step into the abyss. The NR excerpt
states that the Cruzan court mentioned the "PVS" syndrome.
I've found several published articles by Chris Borthwick,
http://home.vicnet.net.au/~borth/PVS.htm discussing the
dangers and pernicious simplification of the so-called PVS
diagnosis. Death by definition, not diagnosis.


51 posted on 04/17/2005 4:02:41 PM PDT by cycjec (-)
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