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Author Topic: A Second Look  (Read 10793 times)

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Re: A Second Look
« Reply #5 on: January 19, 2019, 10:48:59 PM »
The sad and infuriating stories in the report, even in their sometimes excruciatingly graphic detail, were not news to those of us who were reading newspapers and watching TV in 2002. “Reports of sɛҳuąƖ abuse by priests of children and teenagers have taken on the dimensions of a biblical plague,” read a story on page one of the New York Times’s Sunday Week in Review. It mentioned estimates of victims over several decades ranging from 15,000 to 100,000. As the senior religion reporter at the Times from 1988 to 1997, I wrote that story in June 1993, almost a decade before the Boston Globe revelations.
Recalling such stories from the 1990s to 2002, I wondered whether Catholics and others had forgotten that flood of painful 2002 revelations, to say nothing of the prime-time exposés of the early 1990s. (In 2002 the Globe ran 770 Catholic sex-abuse stories, compared to twenty-five the year before; the New York Times ran 692.)  What about the 2004 and 2011 studies by the John Jay College of Criminal Justice concluding that 4,392 priests, between 4 and 5 percent of the Catholic clergy, had been responsible for more than 11,000 cases of sɛҳuąƖ abuse between 1950 and 2002?  Had no one really taken to heart those earlier disclosures?
What precisely, I asked myself, did the Pennsylvania report tell us that was new?  Did it refute the crucial and widespread belief that the Dallas Charter for the Protection of Children and Young People—passed by the Catholic bishops in June 2002, implemented nationwide, and backed by regular audits since then—had changed things dramatically? Did the report speak to the question, uppermost in many parents’ minds, whether children and teenagers were particularly at risk, right now, in Catholic schools and parishes, as media phrases like “the expanding Catholic sex-abuse scandals” or “a new wave of sex-abuse scandals” or sɛҳuąƖ-abuse scandals now “engulfing the church” might reasonably suggest?


https://www.commonwealmagazine.org/pa-grand-jury-report-not-what-it-seems?utm_source=Press+List&utm_campaign=f098968bc0-EMAIL_CAMPAIGN_2019_01_09_05_22&utm_medium=email&utm_term=0_01bf0cc1e6-f098968bc0-92468121

Re: A Second Look
« Reply #6 on: January 21, 2019, 03:42:01 AM »
What did the report add to the intense and important debates about priestly celibacy, teachings on sɛҳuąƖity, ingrown clerical culture, church authority, ɧoɱosɛҳųαƖity in the priesthood, and responsibility toward victims—to say nothing of older conflicts, going back to the Second Vatican Council and its aftermath, about contraception, women’s roles in the church, sɛҳuąƖ ethics, religious education, Vatican authority, and any number of other issues big and small?
I have written elsewhere on many of these topics, in essays and a book that hardly cast a favorable light on the nation’s Catholic bishops or their handling of the sex-abuse crisis. I am not addressing those topics here. I am not taking sides in the smoldering arguments about Pope Francis. I am not asking who knew what, when, and how about Cardinal McCarrick. I am not floating new ways to assure episcopal accountability. I am looking only at the Pennsylvania report’s ringing charges about the handling of abuse: Are they true?    
Yet something even more basic triggers the resistance to any questioning of the Pennsylvania report—what is popularly labeled binary thinking. To question the report’s conclusions is to affirm the very opposite. If it is not true that all victims were “brushed aside,” then it must be true that no victims were ever brushed aside. If it is not true that church leaders routinely acted to protect their priests and institutions, then it must be true that no church leader ever did that.

https://www.commonwealmagazine.org/pa-grand-jury-report-not-what-it-seems?utm_source=Press+List&utm_campaign=f098968bc0-EMAIL_CAMPAIGN_2019_01_09_05_22&utm_medium=email&utm_term=0_01bf0cc1e6-f098968bc0-92468121


Re: A Second Look
« Reply #7 on: January 21, 2019, 11:15:45 PM »
That is not my claim. I believe that the grand jury could have reached precise, accurate, informing, and hard-hitting findings about what different church leaders did and did not do, what was regularly done in some places and some decades and not in others. It could have presented ample grounds for at least three of its four rather unoriginal recommendations without engaging in broad-brush denunciations. It could have confirmed and corrected much that we think we know about the causes and prevention of the sɛҳuąƖ abuse of young people.
Instead the report chose a tack more suited to our hyperbolic, bumper-sticker, post-truth environment with its pronouncements about immigrant rapists and murderers, witch hunts, and deep-state cօռspιʀαcιҽs. Imagine, at least for a moment, that a declamation like “Priests were raping little boys and girls, and the men of God who were responsible for them not only did nothing; they hid it all” came from one of our elected or televised demagogues. Would one really dismiss any fact-finding as uncalled for?
But it wasn’t a demagogic pundit or politician who chose that language right out of a nineteenth-century anti-papist tract. It was a grand jury. And therein lies a major misunderstanding.  

https://www.commonwealmagazine.org/pa-grand-jury-report-not-what-it-seems?utm_source=Press+List&utm_campaign=f098968bc0-EMAIL_CAMPAIGN_2019_01_09_05_22&utm_medium=email&utm_term=0_01bf0cc1e6-f098968bc0-92468121

Re: A Second Look
« Reply #8 on: January 22, 2019, 11:52:12 PM »
Investigating grand juries


Grand juries are legal entities deeply rooted in common law and incorporated into the Fifth Amendment to the Constitution. Their purpose is not to determine guilt or innocence but only whether there are sufficient grounds to bring an indictment and trigger a trial. The trial is where guilt or innocence will be determined by all the adversarial procedures of examining evidence and testimony presented by both sides under strict supervision by a judge. Grand juries do not operate under those rules. They hear evidence ex parte—that is, with no representation from those under investigation. They operate in secret. And in practice, they operate almost completely under the direction of a local, state, or federal prosecutor, a district attorney or attorney general, whose conclusions they almost invariably rubber-stamp.
For this reason grand juries have become controversial. Whether indictments are obtained or not may depend on the political needs of elected prosecutors, an issue raised by minority communities in regard to killings by white police. Investigating grand juries, like the one in Pennsylvania, has also proved problematic. Stanley H. Fuld, a noted jurist who was chief judge of the New York Court of Appeals, once pointed out that an indictment “is but the first step in a long process in which the accused may seek vindication through exercise of the right to a public trial, to a jury, to counsel, to confrontation of witnesses against him and, if convicted, to an appeal.” On the contrary, a grand-jury investigative report, “is at once an accusation and a final condemnation, and, emanating from a judicial body occupying a position of respect and importance in the community, its potential for harm is incalculable.” As a judicial docuмent, a grand-jury report, Fuld continued, “carries the same sense of authoritative condemnation as an indictment does, without, however, according the accused the benefit of the protections accorded to one who is indicted.”

https://www.commonwealmagazine.org/pa-grand-jury-report-not-what-it-seems?utm_source=Press+List&utm_campaign=f098968bc0-EMAIL_CAMPAIGN_2019_01_09_05_22&utm_medium=email&utm_term=0_01bf0cc1e6-f098968bc0-92468121

Re: A Second Look
« Reply #9 on: January 24, 2019, 12:18:54 AM »
Fuld believed this potential for abuse was particularly great when an investigatory grand-jury report named names; and the Pennsylvania report of course names not only hundreds of predators, but also more than fifty bishops and diocesan administrators treated as similarly guilty. The report’s introduction makes no bones about its intention to be judge and jury, and to hand down convictions for “crimes that will go unpunished and uncompensated” otherwise: “This Report is our only recourse. We are going to name names and describe what they did—both the sex offenders and those who concealed them. We are going to shine a light on their conduct, because that is what the victims deserve.”
It is clear that most people have taken the Pennsylvania report as what Judge Fuld called an “authoritative condemnation” without realizing its limitations. It is ironic that people raising perfectly legitimate questions about the accountability of bishops should overlook questions about the accountability of investigating grand juries. The findings of such reports can only be challenged after they are made public: by those impugned, by informed critics, independent investigators, dissenting politicians, the media, and so on.
In the Pennsylvania case, of course, the bishops are paralyzed. Not only has their credibility been sullied by past failures, often by deceased predecessors, but they long ago recognized that their first priority, rightly, must be to avoid making any excuses for predatory crimes or “re-victimizing” survivors. Who else might fill this void? Liberal journalists, civil libertarians, or academics unhappy with Catholic teachings on abortion and same-sex marriage? ProPublicaFrontline? Conservative Catholics unhappy with Pope Francis? Liberal Catholics unhappy with a conservative hierarchy? Not likely.   

https://www.commonwealmagazine.org/pa-grand-jury-report-not-what-it-seems?utm_source=Press+List&utm_campaign=f098968bc0-EMAIL_CAMPAIGN_2019_01_09_05_22&utm_medium=email&utm_term=0_01bf0cc1e6-f098968bc0-92468121