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The Clergy Sex Abuse Crisis and the Legal Responses

The Clergy Sex Abuse Crisis and the Legal Responses

Author: James T. O'Reilly; Dr. Margaret S.P. Chalmers
Publisher: Oxford University Press USA
ISBN: 9780199937936
Published In: November 2014
Format: Hardback , 472 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Clear explanation of the Catholic Church abuse scandal in the U.S.
Probes how church law protects bishops from accountability
Deals directly with "repressed memory" incidents and belated crime reporting
Places blame for priests' improper behavior on failings of church accountability processes
Considers reforms and best practices to be applied in the light of the scandal

The sexual abuse of children and teens by rogue priests in the U.S. Catholic Church is a heinous crime, and those who pray for a religious community as its ministers, priests and rabbis should never tolerate those who prey on that community. The legal disputes of recent years have produced many scandalous headlines and fuelled public discussion about the sexual abuse crisis within the clergy, a crisis that has cost the U.S. Catholic Church over $3 billion.

In The Clergy Sex Abuse Crisis and the Legal Responses, two eminent experts, James O'Reilly and Margaret Chalmers, draw on the lessons of recent years to discern the interplay between civil damages law and global church-based canon law. In some countries civil and canon law, although autonomous systems of law, both form part of the church's legal duties. In the United States, freedom of religion issues have complicated how the state adjudicates both cases of abuse and who can be held responsible for clerical oversight. This book examines questions of civil and criminal liability, issues of respondeat superior and oversight, issues with statutes of limitations and dealing with allegations that occurred decades ago, and how the Church's internal judicial processes interact or clash with the civil pursuit of these cases.

Readership: US prosecutors, judges, and law enforcement agencies either directly or indirectly concerned with the clergy abuse scandal; lay & religious supporters of the Catholic church; advisors to non-Catholic churches; defense lawyers and corporate counsel who represent Catholic dioceses; religious studies scholars and students.

Preface
PART I: CONTEXT & BACKGROUND
Chapter 1 Introduction to a Complex Problem
Chapter 2 Understanding the Patterns of Clergy Abuse Litigation
PART II: CIVIL LITIGATION
Chapter 3 Civil Litigation Against Catholic Dioceses, Parishes and Priests
Chapter 4 Participants in the Clergy Abuse Case
PART III: HANDLING ABUSE CLAIMS
Chapter 5 Delays & Limitations in Clergy Abuse Claims
PART IV: OTHER RELATED ISSUES
Chapter 6 Effects of Criminal Charges & Plea Agreements
Chapter 7 Church Insurance & Abuse Claims
Chapter 8 Constitutional Issues
Chapter 9 Bankruptcy Issues
Chapter 10 Mandated Abuse Reporting Issues
Chapter 11 Evidence Privileges & Clergy Abuse Issues
Chapter 12 Repressed Memory Inducement Cases
Chapter 13 Fraud and Nondisclosure in the Assignment of Clergy
Chapter 14 Defenses & Claims of Immunity
Chapter 15 Damages Issues
Chapter 16 Fiscal Impacts of Abuse Cases on the U.S. Catholic Church
Chapter 17 Impact of Abuse Cases on External Relations of the Catholic Church
Chapter 18 Responses Vary Inside & Outside the United States
Chapter 19 The Church's Internal Big Picture - Governance and Law
Chapter 20 How Episcopal Culture Contributed to Administrative Failure
Chapter 21 The Development of the Problem: 1950 to 2002
Chapter 22 The Perfect Storm in Canon Law: What Went Wrong
Chapter 23 2002 and Beyond
Chapter 24 The Particular Issues of Religious Communities
Chapter 25 The Investigation and Pretrial Canonical Process
Chapter 26 The Accuser and The Canonical Process
Chapter 27 Canonical Penal Trials and Outcomes
Chapter 28 Limitations and Weaknesses in the Canonical Penal System
Chapter 29 Clergy Abuse Issues in Non-Roman Catholic Denominations
Chronology
Bibliography
Index

James T. O'Reilly is a Professor at the University of Cincinnati College of Law. He was President of the Archdiocesan Pastoral Council under Archbishop (later Cardinal) Joseph Bernardin. He has served as a state police officer, taught criminal law and published several books on criminal investigatory procedure. His legal article on church accountability was accepted by state appeals courts in several states. He is co-author ofPunishing Corporate Crime: Legal Penalties for Criminal and Regulatory Violations (Oxford University Press, 2009).

Margaret S. P. Chalmers has worked for many years in canon law, and as a civil attorney. She worked for the Diocese of Birmingham in Alabama for ten years, and has been an adjunct professor in the Honors College at the University of Alabama. She is currently the Chancellor of the Personal Ordinariate of the Chair of Saint Peter, as well as being in canonical practice with Canon Law Professionals. She is a member of the Canon Law Society of America as well as a member of the Alabama State Bar. Her articles have been published in both Studia Canonica and CLSA Proceedings.