burden

Alabama cannot execute convicted murderer with low IQ after Supreme Court ruling #Catholic The Supreme Court on May 21 rejected an attempt by the state of Alabama to execute a convicted murderer whose low IQ may render him intellectually disabled and thus protected from capital punishment by the U.S. Constitution. The court in an unsigned order dismissed an appeal from Alabama after the 11th Circuit Court of Appeals ruled in favor of Joseph Clifton Smith, with the appeals court holding that Smithʼs low-70s IQ put him close enough to the threshold of an intellectually disability to render his death sentence unconstitutional. The court heard oral arguments in the case in December 2025. The case had followed a twisting path through the federal court system; the 11th Circuit first ruled in Smithʼs favor in 2023, after which the Supreme Court in 2024 vacated that decision and ordered the appeals court to consider it again. A second review by the lower court, with another favorable ruling for Smith, again brought the case before the Supreme Court last year; the high courtʼs May 21 ruling brought the case to an end.The latest ruling represents a potential precedent in how the Supreme Court considers certain cases of capital punishment. The court ruled in the 2002 case Atkins v. Virginia that executing people with intellectual disabilities violated the Constitution’s Eighth Amendment, which prohibits “cruel and unusual punishment." The justices did not define “intellectual disability” in that case, though it cited expert opinion that “an IQ between 70 and 75 or lower” is “typically considered the cutoff” in some definitions. Theresa Farnan, philosopher on the Ethics and Public Policy Committee of the National Catholic Partnership on Disability, told EWTN News in April that Smithʼs death sentence was “clearly a borderline case.” Smith was convicted in the brutal 1997 slaying of Durk Van Dam. “It’s obvious to me he could not grasp the gravity of his crimes,“ Farnan said of Smith. ”In cases like these, the burden on us as a society is even more pronounced to be radically pro-life.”The Catholic Church in recent decades has come out increasingly against the death penalty, with multiple popes arguing that modern penal systems have rendered capital punishment inadmissible in many if not most cases.Pope Leo XIV in particular has spoken out several times against the death penalty in just the first year of his pontificate, arguing that “human life is to be respected” and that support for capital punishment is incompatible with a pro-life philosophy.

Alabama cannot execute convicted murderer with low IQ after Supreme Court ruling #Catholic The Supreme Court on May 21 rejected an attempt by the state of Alabama to execute a convicted murderer whose low IQ may render him intellectually disabled and thus protected from capital punishment by the U.S. Constitution. The court in an unsigned order dismissed an appeal from Alabama after the 11th Circuit Court of Appeals ruled in favor of Joseph Clifton Smith, with the appeals court holding that Smithʼs low-70s IQ put him close enough to the threshold of an intellectually disability to render his death sentence unconstitutional. The court heard oral arguments in the case in December 2025. The case had followed a twisting path through the federal court system; the 11th Circuit first ruled in Smithʼs favor in 2023, after which the Supreme Court in 2024 vacated that decision and ordered the appeals court to consider it again. A second review by the lower court, with another favorable ruling for Smith, again brought the case before the Supreme Court last year; the high courtʼs May 21 ruling brought the case to an end.The latest ruling represents a potential precedent in how the Supreme Court considers certain cases of capital punishment. The court ruled in the 2002 case Atkins v. Virginia that executing people with intellectual disabilities violated the Constitution’s Eighth Amendment, which prohibits “cruel and unusual punishment." The justices did not define “intellectual disability” in that case, though it cited expert opinion that “an IQ between 70 and 75 or lower” is “typically considered the cutoff” in some definitions. Theresa Farnan, philosopher on the Ethics and Public Policy Committee of the National Catholic Partnership on Disability, told EWTN News in April that Smithʼs death sentence was “clearly a borderline case.” Smith was convicted in the brutal 1997 slaying of Durk Van Dam. “It’s obvious to me he could not grasp the gravity of his crimes,“ Farnan said of Smith. ”In cases like these, the burden on us as a society is even more pronounced to be radically pro-life.”The Catholic Church in recent decades has come out increasingly against the death penalty, with multiple popes arguing that modern penal systems have rendered capital punishment inadmissible in many if not most cases.Pope Leo XIV in particular has spoken out several times against the death penalty in just the first year of his pontificate, arguing that “human life is to be respected” and that support for capital punishment is incompatible with a pro-life philosophy.

The court has previously held that people with intellectual disabilities may not be executed under the U.S. Constitution.

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Indian Catholics denied bail after confronting mob that disrupted Mass #Catholic UDAIPUR, India — Nine Catholics have been behind bars for more than two weeks after parishioners chased out more than a dozen people who barged into a village church during Mass, shouting accusations of conversion, in a remote village in Indiaʼs desert state of Rajasthan.“We feel frustrated that our people were denied bail a second time today on the false allegation of conversion,” Bishop Devprasad John Ganawa of Udaipur, a Divine Word missionary, told EWTN News on May 12.“When the hooligans disrupted the Mass on May 1 shouting ‘conversion,’ our people forced them out. Instead of registering a criminal case against the intruders, the police have charged our people with ‘conversion and attempt to murder’ and arrested nine Catholics of Bandaria Parish,” Ganawa explained.‘They took out a knife’“I was saying the evening Mass at the substation of my parish at Kalinjara village when the incident happened,” Father Arvind Amliyar recounted to EWTN News.“During the Communion time over a dozen people stormed into the church, shouted ‘conversion,’ and started filming with cameras. When one of them took out a knife, our people snatched it and chased them out,” Amliyar said.“Soon police came and what happened then shocked me. Instead of finding out what had happened, they arrested four Catholics the same night,” the priest said.A Hindu mob then staged a protest outside the police station and demanded action against the parishioners, according to Amliyar. Police turned away Catholics who went to them twice, including at midnight the same day and the next day, refusing to register their complaint.Police came knocking on May 4 at 2:30 a.m. and arrested five more parishioners, including Anil Rawat, 70, a retired headmaster of a government school who now runs a private school in the village.Bail denied twiceThe local magistrate court rejected the parishioners' bail application the next day, as they were charged with “serious crimes”: conversion and attempted murder. Church lawyers then moved the case to the Banswara district court, which denied bail again on May 12.“Now, we have to go to the High Court with senior lawyers,” Amliyar said of the challenging situation facing the village church, which serves about 70 Catholic families. About 70 people were attending Mass when the intruders stormed in.“I cannot understand what is going on. The police bluntly refused to register the complaint of our people and have filed a serious charge of conversion against our people and imprisoned them,” Ganawa said of the first case of alleged conversion in Udaipur Diocese, where he has served as bishop for 13 years.Anti-conversion laws ‘reduced to a tool to harass minorities’“This is another typical case of the widespread abuse of anti-conversion laws against Christians in several states, most of them ruled by the BJP [Bharatiya Janata Party],” A.C. Michael, a Catholic and national coordinator of the United Christian Forum, which monitors atrocities against Christians, told EWTN News from New Delhi.Under the Indian criminal system, the burden of proof lies with the prosecution. However, under recently enacted or amended anti-conversion laws, Michael said, the burden of disproving the charge of conversion is shifted to the accused, making it difficult for defendants to secure bail from trial courts quickly, even in fraudulent cases.Under the Rajasthan Prohibition of Unlawful Conversion of Religion Act, enacted in 2025, the burden of disproving the allegation of conversion falls on the accused.As a result, Michael said, hundreds of Christians are languishing in jails in BJP-ruled states while protracted legal challenges drag on in higher courts.“The shocking reality is that there has been hardly any conviction in so-called conversion cases. That is why the churches and Christian groups have moved the Supreme Court for abolishing the anti-conversion laws that have been reduced to a tool to harass minorities,” Michael said.He noted that the Supreme Court in May 2024 observed that certain provisions in anti-conversion laws may be in violation of Article 25 of the Indian Constitution, which guarantees the right to freely profess, practice, and propagate oneʼs religion.The Feb. 4–10 biennial assembly of more than 200 bishops in India in Bangalore also reiterated this concern in its final statement: “As many innocent individuals are incarcerated based on unfounded allegations of forceful religious conversions, we strongly demand the repealing of legislations which are inconsistent with religious freedom and right to privacy.”

Indian Catholics denied bail after confronting mob that disrupted Mass #Catholic UDAIPUR, India — Nine Catholics have been behind bars for more than two weeks after parishioners chased out more than a dozen people who barged into a village church during Mass, shouting accusations of conversion, in a remote village in Indiaʼs desert state of Rajasthan.“We feel frustrated that our people were denied bail a second time today on the false allegation of conversion,” Bishop Devprasad John Ganawa of Udaipur, a Divine Word missionary, told EWTN News on May 12.“When the hooligans disrupted the Mass on May 1 shouting ‘conversion,’ our people forced them out. Instead of registering a criminal case against the intruders, the police have charged our people with ‘conversion and attempt to murder’ and arrested nine Catholics of Bandaria Parish,” Ganawa explained.‘They took out a knife’“I was saying the evening Mass at the substation of my parish at Kalinjara village when the incident happened,” Father Arvind Amliyar recounted to EWTN News.“During the Communion time over a dozen people stormed into the church, shouted ‘conversion,’ and started filming with cameras. When one of them took out a knife, our people snatched it and chased them out,” Amliyar said.“Soon police came and what happened then shocked me. Instead of finding out what had happened, they arrested four Catholics the same night,” the priest said.A Hindu mob then staged a protest outside the police station and demanded action against the parishioners, according to Amliyar. Police turned away Catholics who went to them twice, including at midnight the same day and the next day, refusing to register their complaint.Police came knocking on May 4 at 2:30 a.m. and arrested five more parishioners, including Anil Rawat, 70, a retired headmaster of a government school who now runs a private school in the village.Bail denied twiceThe local magistrate court rejected the parishioners' bail application the next day, as they were charged with “serious crimes”: conversion and attempted murder. Church lawyers then moved the case to the Banswara district court, which denied bail again on May 12.“Now, we have to go to the High Court with senior lawyers,” Amliyar said of the challenging situation facing the village church, which serves about 70 Catholic families. About 70 people were attending Mass when the intruders stormed in.“I cannot understand what is going on. The police bluntly refused to register the complaint of our people and have filed a serious charge of conversion against our people and imprisoned them,” Ganawa said of the first case of alleged conversion in Udaipur Diocese, where he has served as bishop for 13 years.Anti-conversion laws ‘reduced to a tool to harass minorities’“This is another typical case of the widespread abuse of anti-conversion laws against Christians in several states, most of them ruled by the BJP [Bharatiya Janata Party],” A.C. Michael, a Catholic and national coordinator of the United Christian Forum, which monitors atrocities against Christians, told EWTN News from New Delhi.Under the Indian criminal system, the burden of proof lies with the prosecution. However, under recently enacted or amended anti-conversion laws, Michael said, the burden of disproving the charge of conversion is shifted to the accused, making it difficult for defendants to secure bail from trial courts quickly, even in fraudulent cases.Under the Rajasthan Prohibition of Unlawful Conversion of Religion Act, enacted in 2025, the burden of disproving the allegation of conversion falls on the accused.As a result, Michael said, hundreds of Christians are languishing in jails in BJP-ruled states while protracted legal challenges drag on in higher courts.“The shocking reality is that there has been hardly any conviction in so-called conversion cases. That is why the churches and Christian groups have moved the Supreme Court for abolishing the anti-conversion laws that have been reduced to a tool to harass minorities,” Michael said.He noted that the Supreme Court in May 2024 observed that certain provisions in anti-conversion laws may be in violation of Article 25 of the Indian Constitution, which guarantees the right to freely profess, practice, and propagate oneʼs religion.The Feb. 4–10 biennial assembly of more than 200 bishops in India in Bangalore also reiterated this concern in its final statement: “As many innocent individuals are incarcerated based on unfounded allegations of forceful religious conversions, we strongly demand the repealing of legislations which are inconsistent with religious freedom and right to privacy.”

Nine parishioners face conversion and attempted murder charges after forcing out intruders who stormed a village church during Mass in Rajasthan.

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Maryland Supreme Court: State cannot reveal names of individuals who allegedly hid Church abuse #Catholic Prosecutors in Maryland may not reveal the names of individuals who allegedly hid or failed to report Church abuse, the state Supreme Court said April 27. As part of its investigation into alleged abuse in the Archdiocese of Baltimore, the state attorney generalʼs office had sought to make public the details of a grand jury report, including the identities of individuals who have not been charged with a crime but who allegedly failed to stop abuse from occurring. A lower court granted the attorney generalʼs request to publish the information, with an appellate court partly upholding that decision. Yet in its April 27 ruling, the Maryland Supreme Court reversed those decisions, holding that the attorney generalʼs office did not “meet [the] burden” of justifying the release of the identities. “Many grand jury investigations obtain damaging information and allegations about uncharged individuals that the public might benefit from learning,” the high court acknowledged. But “one of the primary purposes of grand jury secrecy is to protect uncharged persons from public disgrace in the absence of a criminal charge and a forum in which to seek vindication,” it said. “A court may not order disclosure of secret grand jury material, over the objection of an uncharged individual, for the purpose of holding that person accountable in the court of public opinion,” the justices said. The court noted that the attorney generalʼs office had argued that the “intensity of public interest” in the case could justify revealing the identities.Yet “the interests promoted by grand jury secrecy do not increase or decrease based on how much the public wants to learn the information contained in grand jury materials,” the court said.The decision comes amid ongoing court proceedings in the Archdiocese of Baltimore, which filed for bankruptcy in September 2023 ahead of a wave of sex abuse claims filed against it under the Maryland Child Victims Act. Earlier this month, the archdiocesan insurer Hartford Insurance Group proposed contributing $100 million to a settlement for abuse victims. The archdiocese in 2024 sued multiple insurers over what it claimed was a failure to pay abuse claims for which the insurers were contractually obligated.In 2024 Archbishop William Lori attended two court-ordered “listening sessions” with alleged victims of sexual abuse, with the prelate describing himself as "deeply moved by their very powerful testimony.”

Maryland Supreme Court: State cannot reveal names of individuals who allegedly hid Church abuse #Catholic Prosecutors in Maryland may not reveal the names of individuals who allegedly hid or failed to report Church abuse, the state Supreme Court said April 27. As part of its investigation into alleged abuse in the Archdiocese of Baltimore, the state attorney generalʼs office had sought to make public the details of a grand jury report, including the identities of individuals who have not been charged with a crime but who allegedly failed to stop abuse from occurring. A lower court granted the attorney generalʼs request to publish the information, with an appellate court partly upholding that decision. Yet in its April 27 ruling, the Maryland Supreme Court reversed those decisions, holding that the attorney generalʼs office did not “meet [the] burden” of justifying the release of the identities. “Many grand jury investigations obtain damaging information and allegations about uncharged individuals that the public might benefit from learning,” the high court acknowledged. But “one of the primary purposes of grand jury secrecy is to protect uncharged persons from public disgrace in the absence of a criminal charge and a forum in which to seek vindication,” it said. “A court may not order disclosure of secret grand jury material, over the objection of an uncharged individual, for the purpose of holding that person accountable in the court of public opinion,” the justices said. The court noted that the attorney generalʼs office had argued that the “intensity of public interest” in the case could justify revealing the identities.Yet “the interests promoted by grand jury secrecy do not increase or decrease based on how much the public wants to learn the information contained in grand jury materials,” the court said.The decision comes amid ongoing court proceedings in the Archdiocese of Baltimore, which filed for bankruptcy in September 2023 ahead of a wave of sex abuse claims filed against it under the Maryland Child Victims Act. Earlier this month, the archdiocesan insurer Hartford Insurance Group proposed contributing $100 million to a settlement for abuse victims. The archdiocese in 2024 sued multiple insurers over what it claimed was a failure to pay abuse claims for which the insurers were contractually obligated.In 2024 Archbishop William Lori attended two court-ordered “listening sessions” with alleged victims of sexual abuse, with the prelate describing himself as "deeply moved by their very powerful testimony.”

“Uncharged individuals” may not be exposed to the “court of public opinion” in grand jury documents, the state high court ruled.

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