Divorce attorney and receiving communion


#21

[quote="JGMendes4049, post:3, topic:295922"]
Isn't this similar to defense attorneys who defend the guilty, pro bono excepted?

[/quote]

Seriously, learn your civics. And as a criminal defense attorney, I seriously take exception to that posting.

So let us go over the basic civics that you appear to have slept through when you were a high school senior. I'll keep it in simple sentences.

People are proven innocent until found guilty by evidence beyond a reasonable doubt by a jury of their peers. This applies whether they were caught red handed or not. That presumption never shifts. That is one of the bedrocks of the legal system since the earliest days (and I say that because . That means that the State has to prove their guilt beyond the reasonable doubt.

Not guilty is a legal "term of art." It doesn't mean "I am actually innocent." It means "prove it." Interestingly enough, it is used in other legal contexts. For example, in civil trespass to try title cases (a type of proceeding where title to property is determined), the defendant also pleads "guilty" or "not guilty."

The Accused--whether actually guilty or not-- has the right to defend himself, to challenge the evidence and confront (aka cross examine) the witnesses against him. To deny him that ability would be immoral. As an extension of that right he has the right to counsel.

The attorney's obligation throughout the proceeding is to zealously represent his client (the word "zealous" is the word used in the rules of professional conduct). That means to file motions, cross examine witnesses, dispute evidences, call witnesses, present a case favorable to the defendant, (if the accused is found guilty) present mitigating evidence and present a vigorous appeal.

In short, the role of the criminal defense attorney is to force the government (which has all the instruments of oppression and investigation at its hands) to do its job.

Seriously, learn your civics.

One last sidenote: our criminal process (like everything else that spins from post-1066 Norman Conquest England), was heavily influenced by Church proceedings. The guarantees are very much the same as those in the Canon Law criminal proceedings.


#22

I might get in trouble (and if this is violating the rules, Moderator: Please delete!!)

It is interesting (and I guess psychologically convenient) how people are willing to impose immorality on the job of the criminal defense attorney. Using the same kind of mal-logic, prosecutors and police officers should also be barred from communion. Afterall, using your mal-logic, they "lie" every time someone is found not guilty. The police officer "lied" when he arrested an innocent person and told the prosecutor that there was probable cause. The sinful prosecutor "lied" when he told the grand jury that there was probable cause that the accused committed the offense and obtained an indictment from said grand jury. And then the prosecutor "lied" to the judge and jury.

WAIT. They are not lies. People are flawed. They make errors in gathering evidence and interpreting facts. That is why we invented the criminal court system. Everything depends on everyone in the system doing their job solemnly, soberly and zealously. That means that police investigate with an eye to finding the guilty party, prosecutors prosecute (under the obligation seeking justice, not obtaining convictions) and defense attorneys zealously defending the rights of the accused).


#23

@tilmon: a person must be civilly divorced first, at least in the US, before they can petition for a decree of nullity, as I understand it.


#24

[quote="DebChris, post:20, topic:295922"]
...
Scripture says the "Lord hates the man who covers his garment (wife) with blood." St. Paul tells the woman who "must separate" to seek reconciliation. Jesus also told his disciples to "flee from prosecution." That would include persecution that is happening within the home. Domestic abuse would definitely be a different case, a situation in which the woman needs to separate for her own safety and that of her children, and not be in a hurry to return...

[/quote]

The above quote should read "flee from persecution," not prosecution.

There is a "winner gets all" mentality when it comes to divorce that is the antithesis of what marriage is meant to be. Children become property and the person who has physical custody may also be awarded financial support from the non-custodial parent. I watched one parent constantly bring her son's father to court for non-payment of support. At the age of fourteen, the son chose to live with his father and the situation reversed itself.


#25

Can people who are divorced receive the Eucharist? Yes.


#26

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