Should church personnel records be exempt from police scrutiny ?

kevin1 · 02-08-2006, 07:04 AM

Shield me fellow father for I may have sinned .

The police want to scour the church's personnel files for evidence of additional criminal activity , the church is seeking protection from this action to shield their own . Who's right ?

Your thoughts ?

NCOutdoors · 02-08-2006, 07:10 AM

Quote:

ORIGINAL: kevin1

Shield me fellow father for I may have sinned .

The police want to scour the church's personnel files for evidence of additional criminal activity , the church is seeking protection from this action to shield their own . Who's right ?

Your thoughts ?

I'm thinking the prosecutor. But the most curious thing is that, according to the report, the church is claiming that the investigation would be a violation of the constitutional separation of church and state.

Is the Ã‡atholic chuch a big advocate of that? I didn't think so.

etothepii · 02-08-2006, 07:15 AM

Churches have protections much like the attorney/client privledge. Should this protection cover personel files? Doesn't seem right to me. Maybe, if a confession is so important it should be shielded, then evidence of the confession shouldn't be put into an employee record.

cmccauley1 · 02-08-2006, 07:39 AM

Churches should not be exempt from laws. That is how the Catholic Church got in trouble with the molestation scandal. They are not above the law.

Alsatian · 02-08-2006, 07:42 AM

Just my opinion, but if the personnel records of any organization are subject to discovery during a legal investigation, so it should be for a church. I don't see this as a separation of church and state issue. Additionally, there is no guarantee of the "separation of church and state" in the constitution -- just as there is no right to privacy.

Aught Six · 02-08-2006, 07:43 AM

The claim of constitutional violation is one of the most absurd things I've ever heard in court. Whether we want to debate the meaning of the First Amendment or not, it is all but obvious that Jefferson's concept of separation did not advocate shielding privatereligious organizations from legitimatecriminal investigations and prosecutions. The Catholic Church is grasping at straws like a slick criminal defense lawyer (oh, probably because they hired one).

All records, whether public or private, may be obtained by prosecutors through the appropriate legal channels. No one is above the law, and certainly not some filthy child rapist.

gonzodemon · 02-08-2006, 07:59 AM

in my honest opinion churches should not have special privledges just because they are a church. take a look back at all the crime that has been committed by so called church leaders i. e. jim baker, jimmy swaggart, not to mention the thousands of cults that enjoy religious privledges and exemptions. today too many pedifiles , thiefs ,con artists and just common scum hide behind the veil of separate church and state.i agree a confesion is private but if the church has written documents on employees that portain to things not of patron priest or pastor privledge (such as a confesion or a counceling meeting ) then all documents should be accessable by propper law enforcment officers who optain a sufficient search warrant. i wouldnt want my private counceling session out for scruteny but payroll documents and things of a buisness nature should be.

Tazman · 02-08-2006, 08:36 AM

In my book and I will bet in the Supreme courts book they have the right, these pedophiles are simply trying to cover each others butts!!! Of course if they ha stuck with each others butts instead of little kids butts they wouldn't be in the trouble they are now!

burniegoeasily · 02-08-2006, 08:42 AM

I dont think the right of sancuary should be violated,but I think priests recordes should be investigated.

mustad · 02-08-2006, 10:07 AM

I agree with burnie.

Information shared with a clergyman during confession should be deemed confidential regardless of whether it remains in verbal form or is put into copy somewhere.

That said, if there is a personnel file that the church holds on the priests similar to an personnel file that a corporation holds on an employee, then both should be treated in the same manner. Just because it's a church, it shouldn't be able to hide.

Finally, if there is other information found that points to other priests performing criminal acts, they should have the same protection that would be bestowed upon any individual. And yes, they should be put on the sex offendor registry.....

Cheers,