Inquisitorial Process No Longer Suitable
July 9th 2008 10:45
The current injustice of condemning clergy by secret process has come back to bite the bishops very hard. The Cardinal is the current victim, but his episcopal detractors ought to shift a little uneasily on their own thronelets. Not only is it unfair to those accused of crimes, but also to their alleged vicims.
There is a wonderful scene in A Man for All Seasons where Sir Thomas More illustrates his adherence to the rule of law as a principle. When you've knocked down every law and the devil comes for you, where will you hide? Due processs is like that. When you have played fast and loose with rules of evidence, where the distinction between internal and external fora is eroded (Why else would Fr Goodall "confess" to a plethora of other crimes - where was his lawyer, if they gave him one?), where the decision is made before the process is even begun on the basis of prior and undisclosed considerations, you can expect to reap the whirlwind.
It is no wonder that complainants find the process frustrating as well. The decision appears to be made on opaque and uncertain grounds.
It is my opinion that the bishops and religious superiors sold the pass on investigations into clerical misconduct. Apart from tribunals to deal with professional standards - professionally and transparently run themselves - there should be no church investigations into criminal behaviour. That is what we have police and a justice system for. Let complainants take their issues to the police or to the civil courts.
There is a wonderful scene in A Man for All Seasons where Sir Thomas More illustrates his adherence to the rule of law as a principle. When you've knocked down every law and the devil comes for you, where will you hide? Due processs is like that. When you have played fast and loose with rules of evidence, where the distinction between internal and external fora is eroded (Why else would Fr Goodall "confess" to a plethora of other crimes - where was his lawyer, if they gave him one?), where the decision is made before the process is even begun on the basis of prior and undisclosed considerations, you can expect to reap the whirlwind.
It is no wonder that complainants find the process frustrating as well. The decision appears to be made on opaque and uncertain grounds.
It is my opinion that the bishops and religious superiors sold the pass on investigations into clerical misconduct. Apart from tribunals to deal with professional standards - professionally and transparently run themselves - there should be no church investigations into criminal behaviour. That is what we have police and a justice system for. Let complainants take their issues to the police or to the civil courts.
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