Reasonable doubt
I'd like to elaborate a little on an update to a recent post and comment further on efforts to save Terri Schiavo as regards the law.
Obviously, I am not a lawyer. I realize that much of the debate over Terri's case involves law and interpretation of law, which is not an exact science. I admit that I do not know nor understand all of the reasoning involved in the omission of Sec. 5 from the "compromise law," nor whether it is reasonable and acceptable.
I also realize that, not being perfect, the law in general may not in fact insure that justice is always done. Regardless, it must be followed even if in doing so justice cannot be served. Other times, certainly a law can be interpreted to yield different outcomes that nevertheless can still be rightly judged to follow the law. But of course judges disagree, and not every judge interprets the law in the exact same way. Which is part of the reason we have lawyers.
And which is why we need appeals, including appeals to other judges.
The whole of the legal processes involved in trying to save Terri is incredibly complicated, as is determination of whether or not Judge Greer adjudicated Terri's cases appropriately. There have obviously been some unusual, even unprecedented, actions taken. I realize that sorting them all out requires wherewithal that a lone mother with three kids at home and many other things to do cannot possibly manage in order to completely and accurately assess the situation.
I am truly interested in knowing exactly how Judge Greer came to decide what Terri's wishes were regarding being kept alive in her current condition. Perhaps someone has blogged/reported about this already and perhaps I will find this information, or perhaps a reader will inform me as to where to find it :-).
I don't want to be guilty of snap judgments, which I tend toward. I do truly desire to base my opinion upon actual facts. When it comes to all the legal proceedings involved, though, I realize that it may not even be possible to get all the facts.
(These same things might also be said as to whether or not Terri is in a PVS. But I think the evidence for that is more clear-cut, if the facts can indeed be discovered.)
Obviously, I am not a lawyer. I realize that much of the debate over Terri's case involves law and interpretation of law, which is not an exact science. I admit that I do not know nor understand all of the reasoning involved in the omission of Sec. 5 from the "compromise law," nor whether it is reasonable and acceptable.
I also realize that, not being perfect, the law in general may not in fact insure that justice is always done. Regardless, it must be followed even if in doing so justice cannot be served. Other times, certainly a law can be interpreted to yield different outcomes that nevertheless can still be rightly judged to follow the law. But of course judges disagree, and not every judge interprets the law in the exact same way. Which is part of the reason we have lawyers.
And which is why we need appeals, including appeals to other judges.
The whole of the legal processes involved in trying to save Terri is incredibly complicated, as is determination of whether or not Judge Greer adjudicated Terri's cases appropriately. There have obviously been some unusual, even unprecedented, actions taken. I realize that sorting them all out requires wherewithal that a lone mother with three kids at home and many other things to do cannot possibly manage in order to completely and accurately assess the situation.
I am truly interested in knowing exactly how Judge Greer came to decide what Terri's wishes were regarding being kept alive in her current condition. Perhaps someone has blogged/reported about this already and perhaps I will find this information, or perhaps a reader will inform me as to where to find it :-).
I don't want to be guilty of snap judgments, which I tend toward. I do truly desire to base my opinion upon actual facts. When it comes to all the legal proceedings involved, though, I realize that it may not even be possible to get all the facts.
(These same things might also be said as to whether or not Terri is in a PVS. But I think the evidence for that is more clear-cut, if the facts can indeed be discovered.)
posted by Bonnie at
9:28 AM
2 Comments:
Hi, I'm a "longtime lurker, first-time poster," but I've had many of the same questions as you about the judicial review of this case. This site is an excellent resource for looking at the legal aspects of the case:
http://abstractappeal.com/schiavo/infopage.html
I hope this helps. It actually kinda muddied the waters in my own mind, but it helped to try to view the situation more or less objectively. Good luck, and God Bless you this Resurrection weekend!
By
Natros, at 3:46 PM
Thanks, Natros, same to you, and thanks for commenting (and lurking :-) )
By
Bonnie, at 12:15 AM
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