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To: general_re
Clear and convincing is necessarily a somewhat subjective judgement, but I seem to recall that Schiavo and at least one of his relatives came forth to testify to her wishes, while the Schindlers were unable to find anyone to directly refute it. "I heard her say it" will beat "That doesn't sound like something she'd say" pretty much every time. I may be misremembering the record, though - I trust you'll correct me if so.

Him getting one of his relatives to parrot such alleged comments isn't exactly "clear and convincing" evidence. And again, nobody ever said that she said she wouldn't want to be on a feeding tube. Michael Schiavo also was quoted saying to a friend in the early 1990s, before deciding to have Terri killed, that they never discussed such matters, because they were so young. That's a bit more realistic than Terri just happening to tell only Michael Schiavo and his relatives these wishes, and not saying them to not only her family, but to friends outside either family.

2,461 posted on 03/31/2005 7:11:55 PM PST by NYCVirago
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To: NYCVirago
Him getting one of his relatives to parrot such alleged comments isn't exactly "clear and convincing" evidence.

Obviously, opinions will vary. Judges are not simple law-dispensing machines, they're humans, and they will tend to make decisions that we disagree with from time to time. That is not, in my opinion, evidence that the system is fundamentally broken, it is merely an illustration of the limits of the system. Judges travel within the parameters that we set for them, via the legislature. The narrower the parameters we set, the less likely they are to wander afield. If you're the Florida dopes, on the other hand, and you leave great gaping truck-sized holes in the law, it should hardly be surprising if judges occasionally drive right through one of those holes. The dopes would like you to blame judges for that, but that's like blaming the rain for the fact that your stuff's all wet, when you didn't bother to patch the roof.

2,476 posted on 03/31/2005 7:23:15 PM PST by general_re ("Frantic orthodoxy is never rooted in faith, but in doubt." - Reinhold Niebuhr)
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