A sanction is a fine, a penalty for fail to follow proper legal procedure, especially when foot-dragging to draw out a case. However the amount of the sanction is typically based on the time and expense caused by the offense.
Euphemism
JoinedPosts by Euphemism
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28
Candace Conti Asked for $1, 440.00 - Genius!
by cofty inthis was back in sept 2011. looks like she kept her sense of humour.
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Conti Case and the WT's Pedophile Registry
by Euphemism injust made it through the register of actions posted on the court's website for the conti case.
i found an interesting couple of briefs regarding the society's database of known child abusers:.
plaintiff (conti): http://apps.alameda.courts.ca.gov/domainweb/service?servicename=domainwebservice&pagename=itree&action=27402662.
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Euphemism
Ah, good catch, I missed that Shuster's statement was time-specific. My memory might have been misled by Watchtower trying to exaggerate the claim in their briefing. Tnx Ann and Marvin.
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Why " Legally " guilty?
by DATA-DOG ini am no lawyer so bear with me.
if california was not a mandatory reporting state when candice was abused, then how was the wtbts found legally guilty?
don't get me wrong, they deserve it.
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Euphemism
I do agree that there are clearly issues that will be raised on appeal here. Correct me if I'm wrong, but my understanding is that the any of the decisions of law can be completely overturned by an appeals court; and the decisions of fact can be overturned if the court decides that the jury was instructed wrong, or was given evidence that should have been withheld (e.g. because of clergy-penitent privilege).
However, the only concept of 'notice' that was mentioned in the pleadings was whether the elders had notice of the risk that Kendrick presented to children. There was plenty of argument around whether or not the Witnesses owed a duty of protection to plaintiff, but I didn't see any claim that even if they did owe a duty, liability should be mitigated due to lack of notice. Can you point me to any precedent backing that claim?
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Hardest most awkward parts of being mentally out but physically in
by BU2B ini am still physically in but am completely out mentally.. i was curious for those who spent some time in the borg while being mentally out or are still in that position, what is the worst, hardest or most awkward parts... for me i intensly dislike attending the meetings however its bearable as i can just let my mind wander, but field service is awful.
i cannot try to bring someone in to a group that i am trying to plot a way out of.
so now i try my best to either spend the day driving around to others fruitless rv's (we have somewhat rural territory) or eating out at an extended breakfast or if door to door cannot be avoided, i try to work alone and not ring bells.
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Euphemism
I was in that situation for 4 months, and it got progressively harder for me. By the end I stopped going out in FS and just faked a couple of hours on my service report so I wouldn't be inactive.
I think the hardest thing for me was sitting through the convention; I posted about it back at the time, at http://www.jehovahs-witness.net/jw/friends/55442/1/Convention-Report.
Incidentally, my biggest regret about leaving is that I didn't do it more quickly and openly, being honest with people about how I felt. And my wife's biggest regret is that we didn't do it more quietly and slowly, so she could have kept some of her relationships. But we're both so much happier now, so all I can say is that no one can tell you the right way to approach this problem, but whatever pain you go through will be totally worth it in the end.
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2011 School for Congregation Elders Hand Book!
by Atlantis in( credit goes to average joe).
2011 school for congregation elders hand book.click the link in the blue box by the blue arrow.http://www.sendspace.com/file/82jdej.or use this site.1.
click the link and another page will open with the words "download file" in blue color, click on that link.
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Euphemism
I wonder what's with the Temple and Covenant articles? Given the articles about loyalty, I can only guess that they're focusing on the distinction between Holy and Most Holy (which the Witnesses interpret as Great Crowd and Anointed)... i.e. it's another way of saying "be loyal to the Governing Body."
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11
Why " Legally " guilty?
by DATA-DOG ini am no lawyer so bear with me.
if california was not a mandatory reporting state when candice was abused, then how was the wtbts found legally guilty?
don't get me wrong, they deserve it.
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Euphemism
Band on the Run wrote:
"If I recall, CA is a mandatory reporting state for clergy."
It is now, but was not as of the time period covered in the lawsuit (prior to 1997).
"There may be an exception for communications during penance, confession."
There is, but it was held inapplicable because:
- Multiple other people (Kendrick's family members) were present during the confession
- The confession was made to multiple elders
- The confession was shared with the Bethel Service Department
"If the WT had no notice, a higher court may reverse."
The issue of notice wasn't raised in the pleadings. The questions were:
- Law: whether the WT had a special relationship with plaintiff which created a duty of care
- Law: whether the California clergy-penitential privilege applied, given the agreed facts
- Law: whether the clain involved excessive entanglement in church discipline decisions protected by the First Amendment
- Fact: assuming that WT had a duty, did it meet the standard of care for protection from child abuse by volunteer organizations in 1993?
- Fact: were the actions of the elders in line with policy set forth by managing agents of the Watchtower Society? And if so, was that policy set in malicious disregard of the consequences to children?
(Disclaimer: I am not a lawyer, this all comes from reading the publicly available pleadings. I can provide citations if needed.)
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Conti Case and the WT's Pedophile Registry
by Euphemism injust made it through the register of actions posted on the court's website for the conti case.
i found an interesting couple of briefs regarding the society's database of known child abusers:.
plaintiff (conti): http://apps.alameda.courts.ca.gov/domainweb/service?servicename=domainwebservice&pagename=itree&action=27402662.
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Euphemism
Tnx, Danmera. Yeah, those were the docs I looked through.
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11
Why " Legally " guilty?
by DATA-DOG ini am no lawyer so bear with me.
if california was not a mandatory reporting state when candice was abused, then how was the wtbts found legally guilty?
don't get me wrong, they deserve it.
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Euphemism
Right, the issue wasn't failure to report, the issue was failure to protect against future abuse (e.g. the abuse of the plaintiff in this case) after learning of a previous molestation by the same perpetrator.
Third-party defendants have been exposed to liability for their own negligent failure to prevent sexual molestations by employees, volunteers, and family members, where the non-perpetrator defendant possessed actual knowledge of the employee or volunteer's history of sexual abuse and failed to warn or protect children exposed to the abuser.
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Update on Alan Feuerbacher's heart attack that he had last Sunday
by AndersonsInfo inalan'swife, julie, talked to the cardiologist this morning.
the news about alan's heart is good.
he described the heart attack as mild and said that although there is damage to the lower portion of his heart, the pumping action probably won't be affected much.
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Euphemism
Get well soon, Alan!
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Conti Case and the WT's Pedophile Registry
by Euphemism injust made it through the register of actions posted on the court's website for the conti case.
i found an interesting couple of briefs regarding the society's database of known child abusers:.
plaintiff (conti): http://apps.alameda.courts.ca.gov/domainweb/service?servicename=domainwebservice&pagename=itree&action=27402662.
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Euphemism
Just made it through the register of actions posted on the court's website for the Conti case. I found an interesting couple of briefs regarding the Society's database of known child abusers:
Plaintiff (Conti): http://apps.alameda.courts.ca.gov/domainweb/service?ServiceName=DomainWebService&PageName=itree&Action=27402662
Defendant (WTS): http://apps.alameda.courts.ca.gov/domainweb/service?ServiceName=DomainWebService&PageName=itree&Action=27402768
From plaintiff's brief:
On March 14, 1997, Watchtower issued a written Bodies of Elders letter instructing all Congregation Elders to supply a report concerning anyone who currently or formerly was found guilty of child abuse while serving in an appointed position, including the number of incidents known. On June 19, 1998, Watchtower wrote to the Elders in Fremont advising that a review of their files showed that the report on Jonathan Kendrick had not been submitted as instructed. On September 2, 1998, Watchtower again wrote Fremont advising that the report still was not received and to submit it immediately. The Fremond Elders did submit their written report soon thereafter. This evidence establishes that Watchtower has for many years been gathering data on the frequency of child abuse in its ranks, and has kept records of abusers including Kendrick.
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In discovery by video depposition, Defendants' PMQ Mr. [Allen] Shuster [of the Service Department] denied that Watchtower kept any statistics or database at all concerning sexual abusers or reports of sexual abuse within Jehovah's Witnesses.The transcript isn't online, so I can't tell if this came up in trial, but it seems pretty damning. Anyone know whether the matter went further than the above briefs?