Supreme Court
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A Ten Minute Play
By John R. Green
Copyright © by John R. Green
Shown with his blessing
The Honorable Stuart Harper, Judge of Court
Carter Farmington, Defense Attorney
Phyliss Youngblood, District Attorney
Jenny Fleming, R.N. Defendant
Vernon Masters, Military Officer (Ret.)
Elinore Edison, Medical Ethicist
The Rev. John Harvey, Episcopal Priest
Adrian Marshburn, Father of Deceased
Viola Marshburn, Mother of Deceased
Philo Seneca, Bailiff
9:00 a.m., July 5, 1996
A portion of a court room near Judge's bench.
SETTING: All in court room are seated awaiting the call of the bailiff announcing the arrival of the judge who will be seated on an elevated bench. Slightly to the left and rear (from front) of bench are the seats of defense attorney and defendant, while slightly to the right and rear (from front) is the seat of the district attorney. A short space to the rear of these seats are the seats occupied by Adrian and Viola Marshburn. The witness stand and seat is to the left of the judge's bench
AT RISE: PHILO All Rise (all in court room rise as Judge Harper enters court room and seats himself. Others in room seat themselves.)
STUART On our docket this morning is the case of defendant Jenny Fleming vs. The People. (defense attorney and defendant rise) You, Jenny Fleming, are charged with second-degree murder in the death of Allen Marshburn. How do you plead?
JENNY Not Guilty, Your Honor. (the defense attorney and defendant seat themselves)
STUART The district attorney may make her opening statement.
PHYLISS (after arising) Euthanasia is a horrible crime brought about by the defendant's admitted overdose of morphine which she administered to Allen Marshburn, the tragic decedent. Nurse Jenny Fleming is in a healing and caring, not a killing, profession. By her merciless actions she rent asunder her sacred Hippocratic Oath to above all else Heal! Heal! Heal! Heal! She deserves to be prosecuted to the full extent of the law, which I intend to do! Thank you, Your Honor. (Phyliss returns to her seat)
HARPER (to Carter) You may proceed with your opening statement.
CARTER Thank you, Your Honor. Far from being a merciless killer, Jenny Fleming is a loving, merciful and dedicated nurse. With all her heart and strength she tried to bring about the healing of her patient, Allen Marshburn. After it was medically determined that healing was impossible, and that the pain was intractable, unbearable for Allen Marshburn, she mercifully terminated it by easing him into the ultimate state of death. What other motive could truthfully be ascribed to her action? She had nothing to gain by Allen's death other than the satisfaction of knowing that his suffering had ended. Let the court be as merciful, caring and kind to her loving heart, as it was to Allen Marshburn.
STUART (to Carter) You may proceed with your defense.
CARTER Thank you, Your Honor. I now call Colonel Vernon Masters, U.S. Army Retired, to the witness stand. (Colonel Masters approaches stand to be sworn in by bailiff.)
PHILO Do you solemnly swear to tell the truth?
VERNON I do. (Vernon seats himself on stand while Carter approaches the stand.)
CARTER Colonel Masters, did you provide service men with pills that when consumed would cause their deaths?
VERNON Yes. (pained gasping is heard from Adrian and Viola Marshburn)
CARTER Why did you give these death dealing agents?
VERNON For the purpose of national security. The soldiers receiving these pills were on special military missions of a seriously secretive nature. Should they fall into the hands of the enemy, they might be tortured to reveal the secrets. It would be disastrous for our nation should they reveal these secrets to their captors. If the torturing became unbearable, they could take the pill rather than reveal the secret.
CARTER I commend you for your merciful provision for our service men. And the court is to understand that the military sanctions euthanasia?
VERNON (hesitatingly) Well, I don't believe we associate ourselves with that kind of action. (pause, breathing heavily) Yes, I would say that the military does sanction euthanasia.
CARTER I salute the military for its merciful intent. But you are aware that euthanasia is illegal in the United States?
VERNON That I am. But the military operates under conditions which are not common to civilian life.
CARTER But isn't the military subject to the same laws that govern the civilian population? Can rape, murder, stealing, defrauding and vandalism be set aside by the Army, the Navy, the Marines, the Air Force and the Coast Guard?
VERNON Yes, the military is subject to the same laws that apply to civilians, although we may operate under a separate judicial procedure.
CARTER And would you not agree with me that laws which govern the military are the same laws which govern the civil?
VERNON In matters of ethics, yes.
CARTER Thereby if euthanasia is legal in the military should it likewise be legal in the civil?
PHYLISS Objection! The defense is calling for an opinion.
CARTER The relativity of the civil to the military is crucial to the defense, Your Honor.
HARPER You may proceed.
CARTER Thank you, Your Honor. I await your answer, Colonel Masters.
VERNON As we have noted, euthanasia in the army is for the purpose of national security. In civilian circles it is a medical decision. I am not qualified to render an opinion on that matter.
CARTER I have no further questions for you, Colonel Masters.
HARPER Does the district attorney desire to cross exam?
PHYLISS (approaches stand) Yes, Your Honor. Colonel Masters, what was the primary or the chief purpose for your dispensing the pill to the service men?
VERNON To protect our national security.
PHYLISS Therefore, am I right in concluding that the eliminating of suffering was subservient to national security, that you would not provide such pills for medical reasons?
VERNON I would never dispense the pill for purposes other than national security.
PHYLLSS Thank you, Colonel Masters. I have no further questions to ask you.
HARPER (to Vernon) You may return to your seat. (Vernon and Phyliss return to their respective seats.)
CARTER I call the Rev. John Harvey to the stand. (John comes to the stand to be sworn in by Philo.)
PHILO Do you solemnly swear to tell the truth?
JOHN That I do. (He takes his seat at the stand.)
CARTER Do you witness to the moral validity of administering to the terminally ill who are suffering from intractable pain?
JOHN (smiling broadly and warmly) In the situation you designated, I believe that euthanasia is entirely appropriate, and I am most comfortable with seeing it administered.
CARTER Very good! Now please give the court your criteria for the approval of euthanasia.
JOHN (smiling and speaking warmly) My criteria are based upon my relationship with God. As St. John declared "God is Love". Therefore, my actions toward my fellow human beings should be motivated by love. A strategy of love to demonstrate the greatest love I can bestow on another person in any given circumstance or situation. In the event of a terminally ill patient who is experiencing intractable and unbearable pain I believe I am providing the greatest love I can offer by relieving his pain through mercy killing, providing, of course, his desire that I do so.
CARTER Thank you, Rev. John Harvey. I have no further questions to present to you.
HARPER (to Phyliss) If you desire, you may cross exam.
PHYLISS (softly and diplomatically) Rev. John Harvey, with all due respect to your moral and spiritual conviction with reference to euthanasia, the majority of churches and clergymen in this country are opposed to euthanasia. How do you square this opposition with your advocacy of euthanasia?
JOHN (helpfully) Truth should prevail over statistics. The majority of churches and clergymen condoned or tolerated slavery prior to the Civil War and many treated Blacks as second-class citizens following their freedom. In fact, many churches today are not integrated. And we must never forget that the majority of churches and clergy in Nazi Germany went along with Adolf Hitler, although a minority demonstrated heroic resistance to him.
PHYLISS But isn't the practice of euthanasia subject to tragic abuse?
JOHN (nodding and smiling tenderly) Yes, safeguards are of the essence. They are firmly in place in one State which is set to have assisted suicides functioning, and in foreign nations where euthanasia is permissible the safeguards are splendid and effective.
PHYLISS But euthanasia is not permitted in our nation. How do you resolve this with your moral stance?
JOHN Ordinarily, Christianity respects the laws of just and free governments. But the final analysis we are subject to a higher law - the Law of God.
PHYLISS (to Harper) I have no more questions for the Episcopal Priest, Your Honor, but at this time I would like to have a medical ethicist interviewed on the stand.
HARPER You may proceed.
PHYLISS I call Doctor Elinore Edison. (Elinore and Phyliss go to stand.)
PHILO (to Elinore) Do you solemnly swear to tell the truth?
ELINORE I do. (seats herself)
PHYLISS Doctor Edison, you and your medical ethicist association oppose the practice of euthanasia. Will you tell the court the basis for this opposition
ELINORE We believe that it is wrong to take the life of a person.
PHYLISS And, therefore, in your view what defendant Jenny Fleming did to Private Marshburn was wrong?
ELINORE Definitely!
PHYLISS And yours is a highly respected and honored organization in medical circles, is it not?
ELINORE I am proud, humble and honored to be with an organization which has won such high honors and awards.
PHYLISS Thank you Doctor Edison!
HARPER Cross exam?
CARTER (approaching stand) Doctor Edison, are you opposed to the killing of enemy soldiers in battle?
ELINORE (stunned) I don't know why you should be asking me such a question? Of course, I am not opposed to killing in self-defense.
CARTER But is it not taking the life of another person which you so strongly object to so doing?
ELINORE Yes, it is taking the life of another person, but for the reason I have just given. I would say the same for defense from assault by a criminal.
CARTER Do you support capital punishment?
ELINORE Not personally but the State has an ethical right to inflict this manner of punishment.
CARTER Is it, therefore, your contention that it is perfectly permissible to kill the enemy which threatens to assault the body when the enemy is a mortal being, but wrong to kill the enemy when it is a disease or injury which has terminally invaded the body with unbearable pain and suffering?
ELINORE Injury and disease should be battled in a different and humane manner. Medications should be administered to give the patients comfort.
CARTER But we know that there are no medications capable of relieving some kinds of pain and suffering. What are your criteria for opposing euthanasia?
ELINORE The research and opinions of many renowned professionals in the medical field and the conviction of the majority of physicians in medical practice.
CARTER I am not clear about the latter. You must surely know that euthanasia is being performed unofficially in many hospitals?
ELINORE (sighing) Regretfully, I am afraid this is true.
CARTER It is ironic to me that both the withdrawing of life supports and injecting pills, etc., have the common purpose of terminating suffering; yet, the former is legally approved while the latter is illegal. The logic for this, if any, entirely escapes me! I have no further questions for you, Doctor Edison.
HARPER You may return to your seat, Doctor Edison. (Elinore resumes her seat.)
CARTER I now call Jenny Fleming to the stand. (Carter and Jenny Fleming approach the stand.)
PHILO Do you solemnly swear to tell the truth?
JENNY I do (seats herself on stand)
CARTER Do you believe you did the right thing when you gave Private Marshburn the pill which ended his life?
JENNY Yes, I do. I believed that if the army was merciful toward him, I likewise should be merciful.
CARTER You took your cue from the army?
JENNY Yes, as a former army nurse, I felt that the army always acted right in medical matters. If Colonel Masters gave Private Marshburn the pill for the purpose of eliminating horrible and unbearable suffering, I could do the same. (anguished cries from Adrian and Viola Marshburn.)
HARPER (stunned) Nurse Fleming, are you telling the court that your patient Private Marshburn was one soldier who received a death dealing pill from Colonel Masters?
JENNY That is true, Your Honor.
HARPER (to Adrian and Viola) Were you aware that Colonel Masters gave the pill to your son?
ADRIAN AND VIOLA No! No! No!
HARPER (to Vernon) Do you recall providing Private Marshburn with this pill?
VERNON No, I don't recall the identities of individual soldiers who received the pill? I do, of course, recall Nurse Fleming.
HARPER (to Jenny) While I have been opposed to euthanasia' I recognize your sincere, heartfelt mercy toward Private Marshburn which went beyond the secondary mercy of national security. Therefore, I am dismissing this case against you.(Jenny rushes tearfully to embrace Carter while an angered and bewildered Phyliss rises in protest.)
PHYLISS But Your Honor, the law of the land must be upheld!
HARPER I have upheld the law of the heart! (Phyliss slumps in her seat utterly numbed with frustration while Adrian and Viola come to Jenny.)
VIOLA (embracing Jenny) Until now we have been opposed to euthanasia but what you have mercifully and lovingly done for our son affords us nothing but joyful gratitude!
ADRIAN We hope you will visit with us. You always shall be welcome in our home.
JENNY I am grateful for your words of comfort, and I shall very happily come to your home.
CURTAIN