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1991

Criminal Law

Series

The Catholic University of America, Columbus School of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Raymond C. O'Brien, Michael T. Flannery Jan 1991

The Pending Gauntlet To Free Exercise: Mandating That Clergy Report Child Abuse, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

This Article analyzes the conflict between statutory child abuse reporting requirements for clergy and the clergy-communicant privilege for confidential communications made within specific religious practices. The constitutional conflict arises between the state's interest in the protection of children by requiring that suspected cases of abuse be reported and the clergy's interest in the free exercise of their religious tenets by maintaining confidentiality. This analysis recognizes that state legislators have broadened reporting requirements to include more and more classes of people in an effort to arrest the tremendous increase in child abuse in the past decade. As a result, the shield …


Cracking Down On The Trade In Child Pornography And Pornography For Children, Harvey L. Zuckman Jan 1991

Cracking Down On The Trade In Child Pornography And Pornography For Children, Harvey L. Zuckman

Scholarly Articles

The life of the child pornographer, while never easy, became increasingly difficult in the 1980s when the federal and state governments cast their full attention on these exploiters of children and their pedophiliac customers. This article will review the law in this area, the legislative and judicial process by which the federal and state government have attempted to stamp out the trade in child pornography particularly in the past decade and the first decision of the Supreme Court in this new decade making it more difficult than ever to store, handle and move such material, even surrepticiously.