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Author Re: Shiavo right to live
Jay Williams

2005-04-12, 6:25 pm


<Stockman91790@yahoo.com> wrote in message
news:1112920147.127101.100670@g14g2000cwa.googlegroups.com...
<snip>
quote:

> Make it simple for me- a simple person- what civil law was used to
> murder a citizen who has broken no laws? What excuse was given to take
> away Terri's right to life, liberty, and persuit of happyness? What law
> was used to uphold a wish for suicide? What law was used to claim that
> withholding food and water is not a death sentence? What law was used
> to uphold a spouse ordering the murder of his wife? What medical
> evidence can be discovered in autopsy that proves someone abused
> someone else that convicts the husband?


<snip>

There was no murder, no death sentence. Rather her right to decide that
under these circumstances, she would rather not live, was protected. It
would have been better that she place that in writing, but there was
sufficient evidence of her wishes from the testimony of the other witnesses
(testimony that is summarized in the order).

Or are you asking for a citation to the Florida Statute that the legal
proceedings were based upon? If so, I'm sure it is in the Order that I
provided. The caselaw relied upon by the trial court which construed that
statute was also cited in the order (In re Browning, I believe). If not,
let me know and I'll look it up for you. Chapter 765, Florida Statutes
would probably be a good starting point.

Or are you are asking who is responsible for a law you don't agree with?
The answer is the legislators (and by extension the citizens) of the State
of Florida, who have the right to enact such laws as they wish to live (or
die) under. ("State's rights") What right does the State have to legislate
such an area? It is part of the "police powers" of the State to legislate
the morality, health and [public] safety of it's citizens. It is guaranteed
to the States (as opposed to the Federal government) by the Tenth Amendment
to the U.S. Constitution.

If you feel strongly about it (and apparently you do) I suggest you check
the statutes in your own state and lobby to change them. Also be sure you
draft a living will stating your desires regarding under what circumstances
you would no longer desire to be kept alive (if any such circumstances do
exist.... certainly it is within your rights to be kept alive for as long as
possible, irregardless...) If you want to be kept alive as long as
possible, then say so in your living will and distribute copies to your
family.


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