Most American and many illegals know a little about the Miranda Warning, sort of. In short, it is a notification given to “suspects” advising them of their right to silence and protection from self-incrimination and legal representation. There was a famous Supreme Court case Miranda v. Arizona in 1966 about these rights which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated. There are exceptions. Don’t assume you know all about Miranda rights if you are in a jam.
A canonist and civil lawyer whom I occasionally consult, a zealous advocate for priests, sent an article about Washington State DEMOCRATS. HERE
A Ministerial Miranda? Washington State Democrats Target Priests in Latest Attack on Religion
Washington Democrats are adding a fifth stage for confessions under a new law. If passed, examination, confession, absolution, and penance will be followed by arrest. The blatantly unconstitutional legislation would target priests who learn of any “reasonable” basis to believe that a child “has suffered abuse or neglect.” Putting aside the obvious violation of the sanctity of the confessional, it presents a novel problem for priests if they both encourage the faithful to unburden themselves while at the same time reminding them anything that they say can and will be used against them in a court of law.
The bill would amend the state law that currently applies to law enforcement, teachers, medical professionals or child care providers to report cases of child abuse or neglect. Clergy would be added to the list. The sponsors would also exempt clergy from the exception afforded to lawyers and others who obtain information “solely as a result of a privileged communication.”
The law would apply to any “ordained minister, priest, rabbi, imam, elder, or similarly situated religious or spiritual leader of any church, religious denomination, religious body, spiritual community, or sect, or person performing official duties that are recognized as the duties of a member of the clergy.”
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This is one of the brass rings of the Democrats, destroy the Church through prosecution of even frivolous cases, eliminate tax exempt status, drive the clergy underground or hamstring them to the point of enervation.
Putting aside the unconstitutionality, it is a law that is ripe for abuse. The state would be using the church as an agent to compel confessions on the threat of damnation and then turn over the evidence to the police. Worse yet, if the priest does not give a type of ministerial Miranda, the confessant may not realize the danger. However, it is rather hard for a priest to say that a person must confess their sin while reminding them of the right to remain silent.
St. John Nepomuk pray for us, and for our priests!