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The Clergy Sex Abuse Crisis and the Legal Responses$
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James T. O'Reilly and Margaret S.P. Chalmers

Print publication date: 2014

Print ISBN-13: 9780199937936

Published to Oxford Scholarship Online: October 2014

DOI: 10.1093/acprof:oso/9780199937936.001.0001

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Canonical Penal Trials and Outcomes

Canonical Penal Trials and Outcomes

Chapter:
(p.353) Chapter 27 Canonical Penal Trials and Outcomes
Source:
The Clergy Sex Abuse Crisis and the Legal Responses
Author(s):

James T. O’Reilly

Margaret S. P. Chalmers

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199937936.003.0027

U.S. lawyers would not fare well in the canon law trial process as the processes are slow and hierarchical. The tribunal that hears the case sends it up to an appeal panel, and Vatican review is likely. The chapter describes the process in detail, including the roles of the judges, the canonical notary, the auditor, the promoter of justice, the procurator/advocate, and experts. It takes the reader through the pretrial phase, including discovery, then through trial and appeal. Finally it describes the impact that the three types of verdicts may have on the accused: innocent (sententia absolutoria), not proven (sententia dimissoria), and guilty (sententia condannatoria).

Keywords:   tribunal, procurator, promoter of justice, libellous, contradictorio

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