Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Saturday, October 8, 2005

The Philadelphia Report and the Statute of Limitations

Despite its massive weight of testimonial and documentary evidence, the Philadelphia Grand Jury Report could not order indictment of abusive priests because of the expiration of the statute of limitations. That problem also prevented indictment of diocesan officials on other legal grounds, such as endangerment of children. (There were other legal impediments to indicting the Archdiocese as well.) The statute of limitations has also frustrated civil suits in Pennysylvania, despite attempts to use the doctrine of fraudulent concealment. The release of the Grand jury Report has prompted calls for an ad hoc suspension of the statute of limitations for a set period of time, as was done in California. I'd be interested in my co-blogistas' and our readers' comments on that idea and on the California experience (along with relevant links.) One question: can the statute be suspended for both criminal prosecutions and civil actions? Is there any constitutional problem with the former?

--Mark

https://mirrorofjustice.blogs.com/mirrorofjustice/2005/10/the_philadelphi_1.html

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