Friday, February 18, 2005
More on Terri Schiavo
I just added the Terri blogroll at the left. I pray that enough people will find out about Terri over the next few days that politicians and officials in Florida will overcome resistance and act to save Terri. Michael Schiavo and his lawyer George Felos claim it's disgraceful that this has gone on for so long. I agree, but not for the same reason. What is disgraceful is that Michael, Felos, and Judge George Greer were not removed from Terri's life ages ago, since all three people want nothing more than to see her put to death.
Others have posted in various places various statutes relating to protective custody and various other options Jeb Bush might have. I, unfortunately, lack the legal expertise to know which of these options are in fact allowable under uncontradicted statutes, and which ones are legally feasible, but I would hope some of them would be possible and effective.
To my mind, though, one option which should be valid even if others fail would be to send in someone to ensure that bona fide efforts are made to give Terri food and water orally, by a doctor not affiliated with Michael Schiavo. If Terri can take food and water orally, all legal pretense for her starvation vanishes. Further, even if the means by which she was given food and water was proven to be illegal, it would be rather difficult for a court to argue that the state should not accept the proof obtained thereby that she was able to accept it. Indeed, an argument could probably be made under the necessity statutes that the action wasn't illegal. If someone who was capable of receiving food and water orally would have been fatally starved to death in the absense of such action, the necessity of saving that person's life would justify the action taken to do so.
Finally, another thing I would like to see would be if Jeb Bush could have the appropriate people suggest that Terri's condition is sufficiently suspicious that, if she were killed, it would mandate an autopsy. Michael certainly does not want an autopsy, but one might hope that suggesting that he wouldn't be able to avoid one might change his plans. If Michael would run the risk of an autopsy leading to murder charges, he might decide that he'd rather face attempted murder charges instead.
Others have posted in various places various statutes relating to protective custody and various other options Jeb Bush might have. I, unfortunately, lack the legal expertise to know which of these options are in fact allowable under uncontradicted statutes, and which ones are legally feasible, but I would hope some of them would be possible and effective.
To my mind, though, one option which should be valid even if others fail would be to send in someone to ensure that bona fide efforts are made to give Terri food and water orally, by a doctor not affiliated with Michael Schiavo. If Terri can take food and water orally, all legal pretense for her starvation vanishes. Further, even if the means by which she was given food and water was proven to be illegal, it would be rather difficult for a court to argue that the state should not accept the proof obtained thereby that she was able to accept it. Indeed, an argument could probably be made under the necessity statutes that the action wasn't illegal. If someone who was capable of receiving food and water orally would have been fatally starved to death in the absense of such action, the necessity of saving that person's life would justify the action taken to do so.
Finally, another thing I would like to see would be if Jeb Bush could have the appropriate people suggest that Terri's condition is sufficiently suspicious that, if she were killed, it would mandate an autopsy. Michael certainly does not want an autopsy, but one might hope that suggesting that he wouldn't be able to avoid one might change his plans. If Michael would run the risk of an autopsy leading to murder charges, he might decide that he'd rather face attempted murder charges instead.
