Posted on 03/27/2005 8:05:52 AM PST by tomahawk
What Justice System?
In a death penalty case, would any judge ignore new evidence in the form of multiple eyewitnesses' testimony which, if true, would prove definitively that the person scheduled for execution did not commit the crime, on the basis that the new evidence was not presented three (3) days earlier? One would hope not. That certainly would not be just.
Yet, that is essentially what has occured in the Terri Shiavo case. Judge George Greer was presented multiple affidavits by several eyewitnesses that heard, with their own ears, and saw with their own eyes, Terri Schiavo speaking, responding to an attorney's question, "Do you want to live", with "I WA.....".
Now, the very legal predicate being used to put Ms. Schiavo to death is that she is in a permanent vegetative state (PVS). Now, several neurologists and the eyewitnesses have testified under oath, under penalty of perjury and imprisonment, that Ms. Schiavo is likely NOT in a PVS.
His imperial highness, Judge Greer, ruled that this new evidence is worthless and should be disregarded, because it wasn't brought to his attention three (3) days earlier, at another hearing. In other words, Judge Greer doesn't care whether Ms. Schiavo is conscious or not, whether she is suffering or not, whether the basis to put her to death exists or not. This is an "I see nothing, I hear nothing" approach.
It is abhorrent and abominable. And he has now been affirmed by the Florida appellate courts on the basis that they wish to see nothing and hear nothing, either. Legal procedural technicalites being used to starve and dehydrate a conscious disabled citizen to death.
This is not a "justice" system. It is some other kind of system.
I would argue that fundamental due process under the 14th Amendment to the United States Consitution requires, and justice demands, that a person not be put to death on the basis of an old PVS diagnosis from some doctors, on the supposed basis of fulfilling the supposed wishes of a person on the predicate of an accurate PVS diagnosis, based upon old tests, where other competent doctors disagree and believe the person is not in a PVS and/or sworn testimony shows to the contrary.
This is murder, plain and simple. Cold-blooded murder in the Biblical or real-world sense, if not in the "legal" sense.
I believe that Ms. Schiavo is being deprived of her life without due process, and her 14th Amendment rights have been violated. That no court has agreed speaks volumes about the quality of the judges who sit on them.
This is a human tragedy, and we must fix this system to that other innocent helpless people are not put to death under similar circusmstances in the future. True justice demands it.
Wouldn't it be humorous if a bunch of people threw him in a cage so the world could watch him die of thirst. Now wouldn;t that be justice in this case?
Happens all the time, at least in Texas.
You are not guaranteed 'justice' or the correct decision, only a procedurally fair trial.
Appeals of murder cases are turned down because the new evidence is not timely and actual innocence is not necessarily a reason for a stay of execution of a new trial.
So9
Judge Greer followed the law. That is what we have always asked of judges. To give Terri to her parents under Florida Law would be outrageoous judicial activism and legislating from the bench.
Don't like the decision?
Change the law, but don't bitch because a judge enforced it as written.
SO9
Dear tomahawk, what shall we do?
I fear that many, by focusing their attention on Bush's judicial nominees are like those who stagger toward a mirage, hoping to find water.
Our problem won't be solved by getting conservative "Christian" judges on the bench, Judge Greer is considered by many who know him, to be just such a man,
I say, that trial by jury in all cases in which death may result from the verdict, is our only hope.
What say ye?
I can see why there has to be some finality in a criminal case (though I would hope a court would consider new DNA evidence, or a confession by another person), but this situation is tantamount to burying a person alive.
He followed the law that was amended to allow Terri to be put to death.
But his factual findings were clearly erroneous, in my book and contrary to the weight of the evidence. But the appellate judges covered for him.
It is more likely than not that she is not in a PVS, but the courts don't care. I hope others aren't put to death in similar fashion.
This is, at bottom, a type of custody case. If there were no limit on appeals and 'new evidence' every custody case would stay active until the ward was grown or dead. No one would ever give up and no decision would be final.
So9
I can see your analogy, but there is no perfect one.
No system should allow somone who credible (even "last minute") evidence shows is conscious to be starved to death on the premise she would never be conscious again.
It's like burying someone we know is alive, even though a court found them to be dead (after making findings of fact on the subject).
You get one bite at the apple. It is not the role of Appelate Courts to review findings of fact.
It is more likely than not that she is not in a PVS, but the courts don't care. I hope others aren't put to death in similar fashion.
She may not be, but the courts gave her parent 1 chance to prove it, that's all anyone gets.
Thousands are put to death like this every year. I don't know anyone who hasn't had a friend of family member go like this.
So9
Our justice system is not perfect, but it is the best one ever devised by the mind of man.
A judicial system that offers finality, even though it makes some mistakes is at least workable. So9
FYI, I do support written living wills and allowing terminally ill people to decide when to cease treatment.
I am against "active euthanaisa" however, and believe that this is such a case, under the guise of fulfilling her wishes.
Active Euthenasia?
Explain to me why my father had to spend his last days dieing just like Terrri because it would be 'wrong' to provide him or his caregivers a massive dose of morphine to end it mercifully?
So9
My mother passed from lung cancer and was on morphine, which did help with the pain. I'm sorry about your dad's situation, or anyone with a terminal disease having to consciously starve to death.
I'm concerned that Ms. Schiavo, who was not terminal, is being required to do so now.
Response B: ah, yes. Our Department of Injustice -- or so it should be ever known until this wrong is owned up to, and righted.
Yes, he followed the law but that is not enough.
Judge Greer made dubious and unethical judgments by being biased to one side, and has financial and other relationships that caused conflict of interests. Greer had, and still has, an obligation to recuse himself from the Schiavo case.
I agree with you, he should have been removed from the case based on obvious conflicts of interest.
Unfortunately, recusal motions are filed with the judge sought to be recused, and are reviewed by other judges using deferential review standards.
To put it bluntly, that sucks.
Welcome to Amerika.
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