..... would go to Terry Schiavo's room and shoot her ?
Would it be possible to arrest this person for murdering someone ?
..... If it is impossible to arrest this person for murdering a human being in a PVS, what consequenses will this have for the judicial status of ALL human beings diagnosed as PVS ?
Originally posted by ivanhoeProbably nothing. I can't imagine that any prosecutor in his right mind would bring a charge of murder on behalf of the people. And even if one did, I can't imagine a jury being convinced beyond a reasonable doubt that muder was committed.
..... would go to Terry Schiavo's room and shoot her ?
Nobody has ever been charged with murder for picking a head of lettuce.
Originally posted by DoctorScribblesCould you please answer my third question as well ?
Probably nothing. I can't imagine that any prosecutor in his right mind would bring a charge of murder on behalf of the people. And even if one did, I can't imagine a jury being convinced beyond a reasonable doubt that muder was ...[text shortened]... y has ever been charged with murder for picking a head of lettuce.
Originally posted by ivanhoeI will preface my answers by stating that I know almost nothing about the law. Especially the laws in Florida. So with my ignorance of the topic clearly defined I shall now proceed anyway.
..... would go to Terry Schiavo's room and shoot her ?
Would it be possible to arrest this person for murdering someone ?
..... If it is impossible to arrest this person for murdering a human being in a PVS, what consequenses will this have for the judicial status of ALL human beings diagnosed as PVS ?
1. She would die. Although the doctors and nurses would probably try to save her. I think most reasonable people would conclude that in her current state a bullet would make a bad situation worse so you obviously asked this question simply to lead to the second...
2. Yes, I believe the shooter would be arrested.
3. I have no idea.
Originally posted by wibwib: "2. Yes, I believe the shooter would be arrested."
I will preface my answers by stating that I know almost nothing about the law. Especially the laws in Florida. So with my ignorance of the topic clearly defined I shall now proceed anyway.
1. She would die. Although the doctors and nurses would probably try to save her. I think most reasonable people would conclude that in her current state a bullet woul ...[text shortened]... the second...
2. Yes, I believe the shooter would be arrested.
3. I have no idea.
On what charges ?
Originally posted by ivanhoeI don't know, but one charge would have to be discharging a firearm in a hospital. 🙂
wib: "2. Yes, I believe the shooter would be arrested."
On what charges ?
After that it depends on what happens to the person that was shot and and what the prosecutor in the case could charge the shooter with. Murder? Malicious wounding? Carrying a concealed weapon without a permit?
And what would the defense argue to a charge of a murder? That Terry wanted to die anyway? Perhaps the defense would argue that she was already dead?
That's a whole lot of question marks Ivanhoe and I see the resolution you're trying to reach, but I honestly don't know the answer.
I do know that Dr. Kervorkian is in prison for assisting people that wanted to commit suicide. The prosecutors let the good doctor get away with it for awhile, but finally when he started to openly flaunt his assistance they busted him. The people that he assisted were terminally ill patients and most of them were in tremendous pain. Hence their wish to die. Still wasn't enough evidence to keep the doc out of jail. I don't remember the exact charges against him though.
Originally posted by ivanhoeFrom a legal point of view, Terri is not dead at this point so if anyone came in and ended her body's existence they would be prosecutable under the homicide statutues. "Mercy killings" of this sort have occurred in the past and are usually, although not always, treated more lightly than murder.
No1, what are your answers to these questions from a serious judicial point of view ?
In particular the third and last question is of course of importance to people in a PVS and their family.
The issue in this case, of course, is whether a person's expressed wishes to refrain from medical treatment that would extend their body's existence in an irreversible PVS should be honored or not.
Originally posted by no1marauderThis happens from time to time and it is usually an elderly couple where one of the couple has Alzheimers disease and the spouse is physically and emotionally exhausted. Sometimes these end in murder suicides. I have heard of cases where the person only got probation. It makes no sense to sentence a 90 year old man to death.
From a legal point of view, Terri is not dead at this point so if anyone came in and ended her body's existence they would be prosecutable under the homicide statutues. "Mercy killings" of this sort have occurred in the past and are usually, although not always, treated more lightly than murder.
The issue in this case, of course, ...[text shortened]... tment that would extend their body's existence in an irreversible PVS should be honored or not.
Originally posted by pcaspianI don't see how your conclusion follows, but I'd be happy to entertain a deduction if you care to put one forth.
Originally posted by DoctorScribbles
Nobody has ever been charged with murder for picking a head of lettuce.
By that logic I guess they may as well perform shooting practise on you first ?
Originally posted by DoctorScribbles
I don't see how your conclusion follows, but I'd be happy to entertain a deduction if you care to put one forth.
I was insulting your intelligence by comparing your head to a lettuce. I hate it when you have to explain your jokes.
Let me try explain where I am coming from.
You're an adult right ? So lets make an assumption that you understand empathy. If you understand empathy you may well believe that certain people feel extreme sorrow for the family of the woman that will die, also perhaps for the woman that is dying. You would put yourself in the shoes of those affected by this sad event. Lets say it is your sister or mother in the hospital. If you took the time to consider their pain, you may well understand why my reaction is to belittle you, for I believe you're being a jerk. Make no mistake in the common workplace we may constantly make nasty comments, but as your comments here each a wife spectrum and are pretty nasty I can either :
1. Make fun of your lack of empathy.
2. Make fun of your intelligence.
3. Make fun of your sense of humour.
I don't know any good jokes about 1 or 3... so.
Heck man, when you're in a scrap you kick where it hurts right ?
So anyway, try not to disrespect the lady and I'll try not to treat you like a jerk, cause deep down, you may be an ok guy 🙂
pc