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Before Dallas: the U.S. Bishops' response to clergy sexual abuse of children
2008, Paulist Press, Paulist Pr
in English
0809105802 9780809105809
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Book Details
Table of Contents
The canonical crime of the sexual abuse of a minor by a cleric : an historical synopsis
The New Testament
The fathers
The early councils
The middle ages
The corpus iuris canonici
Following the corpus
The eighteenth and nineteenth centuries
The 1917 code
Between the codes
The 1983 code
The scope of the problem : an historical synopsis
The Diocese of Lafayette, Louisiana, 1984
The Archdiocese of Santa Fe, New Mexico, 1991
The Diocese of Fall River, Massachusetts, 1992
The Diocese of Dallas, Texas, 1997
The Archdiocese of Boston, Massachusetts, 2002
The national picture
The canonical landscape : the failure of the penal system
A description of the canonical penal process
The reasons why the canonical process was not used
A penal process (whether judicial or administrative) was not favored in the law
The penal process was not adequate to the problem
American canonists lacked training and expertise in the canonical penal process
The crimes were covered by prescription
The canonical penal process would have been useless
Since the priests mental defects made the ultimate
Penalty of dismissal from the clerical state unavailable
The rights of the accused priest, including his appeal rights, would trump the canonical penal process
The cooperation of the victim could not be counted on and was not sought
Civil lawyers strongly advised against a canonical
Penal process because of the discoverability of the acts
What did the bishops do?
Early reactions and the manual
A change in the law
The prior law
Suspension ex informata conscientia
Nonpenal restrictions
The administrative rescript of laicization
Requests for changes in the law
Proposals for a return to the prior law, in new garb
Proposals for an administrative nonpenal procedure of removal
The recommendation of the Joint Papal Commission
Changes in the law proposed by the National Conference of Catholic Bishops
Changes in the law approved by the Apostolic See
Continued action by the National Conference of Catholic Bishops
Statement of General Counsel, February 1988
Statement of the Administrative Committee, November 1989
Statement of the Office for Media Relations, February 1992
Early diocesan policies, 1986-91
The Chicago experience, 1991-92
The Canadian experience, 1989-92
Archbishop Pilarczyk's statement, June 1992
The National Conference of Catholic Bishops adoption
Of the Pilarczyk statement, November 1992
The think tank, 1992-93
The National Conference of Catholic Bishops' Ad Hoc Committee on Sexual Abuse, June 1993
Proposed guidelines on the assessment of clergy and religious for assignment, November 1993
The Bernardin accusation and its aftermath
The Ad Hoc Committee, 1994-96
The treatment option
Canon 1722 and administrative leave
Canon 1044 and psychic illness
The treatment centers
The treatment option
The relationship between dioceses and treatment centers
Reassignment after treatment
Canonical lessons to be learned
The bishops duty to investigate crimes
A means to vindicate rights
Tribunals for the penal process
The bishops authority in the diocese
The National Bishops Conferences
The bishops duty to foster the common good
Secrecy as a legal value
The bishops duty to determine assignments
A necessary change in the law.
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