He is reportedly fond of holding conversations with the souls of those whose murder he is in the process of abetting, thereby ascertaining that they do, indeed, truly want to die.
Terri's soul apparently has assured him that she does.
Bob,
I appreciate the sentiments and the passion here. Believe me, I do. However, I think we need to be careful with accusing the people involved here of murder. While I certainly agree that the treatment of Terri Schiavo is deplorable and it saddens me to my core, "murder" requires "malice aforethought". I think a lot of what has been done here has been done out of ignorance and desensitization. Maybe some have the requisite malice. I just don't think we can judge that by what we know. There is plenty enough bad stuff to describe with absolute clarity, in my view.
Actually, only first degree murder requires malice even at law. To cause a person's death through "depraved indifference" is murder, for example, n New York State. Murder is the wrongful taking of a life- and the euthanasia of Terri Schaivo surely qualifies.
But I do not use the term in a legal sense, and I ascribe no motivation to anyone. This is, however, the wrongful killing of a human being, whatever the motive- and thus the word applies. I think it's especially important to make that point because of the tendency of those- doubtless with the best of motivation- who support the killing of Terri Schaivo insist on speaking of "letting" her die, as if deliberate starvation were a passive act. The word "natural" is even sometimes used.
I do admire a restraint on your part which I find nearly superhuman. But with all due respect, I think that restraint is misplaced. A spade should be called a spade- and this is the wrongful killing of a human being. Hence the word.
Just did some legal research- and you're right: malice is required for a legal charge of murder (though once again, I use the term in an ethical, not a legal, sense).
However, you might be surprised at the legal definition of malice. This from Law.com:
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malice
n. a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying "I did it because I was mad at him, and I hated him," which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a "public figure" to win a lawsuit for defamation.
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While Michael Schaivo claims (I don't personally find his testimony credible for reasons with which you are surely familiar)that he is causing his wife's death because she expressed a desire not to live under such circumstances, I personally regard it as axiomatic that no sane person causes another to die of dehydration and starvation out of tender concern for that person's well-being!
Bob,
Your points are well-taken. I understand where you are coming from, and I certainly agree that the taking of Terri's life is a wrongful killing. No doubt. My only point is that we should be careful as to how to argue the case so as to both mobilize sympathetic listeners and win over critical ones.
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