3/18/2005

Rev. Robert Johansen on Terri Schiavo on National Review Online
Rev. Robert Johansen on Terri Schiavo on National Review Online

OK. I will admit that the National Review is conservative. I will even admit that some people would have a problem with a priest's medical evidence being seen as credible. Sounds like the guy has done his homework, though, and this is not the first time I have heard of Terri's being denied therapy and other treatment. I have heard that Michael Schiavo refused to allow her to be fed by mouth, though. That does seem cruel and inhuman. And I am even more disturbed that, on a pole I took on MSNBC online this morning, my vote to keep Terri alive is in the minority.

One of the things Congress is promoting to help Terri is a writ of habeas corpus. I have taken the following definition of habeas corpus from THE 'LECTRIC LAW LIBRARY'S LEGAL LEXICON ON HABEAS CORPUS, which is located at http://www.lectlaw.com/def/hoo1.htm.

HABEAS CORPUS - Lat. "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.

Maybe Michael Schiavo's experts were biased. We all know that the courts are. Petitioners present evidence that will help their cases and do their best to bar the evidence that will hurt them. What would it hurt to let Terri have at least an MRI so the court could reconsider the facts involved in her case. Is it hubris that keeps the judge from reconsidering?

If we as a nation would allow the right of habeas corpus to an individual who was sentenced to death for a crime, can we fail to allow the same right to Terri Schiavo?

0 Comments:

Post a Comment

<< Home