Child Protection

Introduction

The closely watched Massachusetts murder trial of Lindsay Clancy ended on September 4, 2026, not with a verdict, but with a mistrial after jurors reported that they could not reach unanimous agreement. The result leaves unresolved one of the most difficult questions presented to a criminal jury: when severe mental illness is established, at what point does that illness eliminate criminal responsibility for otherwise intentional acts?

Clancy was charged in connection with the January 24, 2023 deaths of her three children, Cora, Dawson, and Callan Clancy, at the family’s home in Duxbury, Massachusetts. At trial, the central dispute was not whether Clancy had caused the children’s deaths. Instead, the case largely turned on her mental condition and whether the Commonwealth proved that she was criminally responsible when the killings occurred.

Opening Statement

This essay does not advocate a predetermined legal or religious outcome. Its purpose is to examine, as fairly and carefully as possible, the competing arguments surrounding proposals to create a child-abuse exception to the clergy-penitent privilege or sacramental seal of confession. The protection of children, the preservation of religious liberty, the responsibilities of clergy, and the practical consequences of mandatory-reporting laws all deserve serious consideration. After reviewing these perspectives, readers should be left to decide how, or whether, these important interests can be reconciled.¹

Introduction: A Difficult Intersection of Law, Religion, and Child Protection

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Confessions, Confidentiality, and Child Protection: Questions at the Intersection of Law and Religion