Cow - Justice Codes Examined

Holy Cows Ser. 6

The Commodore's Law

An analysis of "The Ethics Codes - Offenses and Penalties".

If you wondered if there were areas of irrationality in Scientology™ - look no further. Among the Holy Cows we have been chasing, this one is the holiest! It has earned 5 haloes! This was a surprise to us. But as we kept going on with our tedious analysis, the picture became clearer and clearer. Read for yourself. No 'selling', no 'black PR' needed ; just step by step analysis of
"The Ethics Codes - Offenses and Penalties".
It reads like running out an Engram.

Justice and Group Engrams

I remember each time I tried to read the whole "Offenses and Penalties" 'the mind's protection' would set in and I would kind of black out and not be able to read the page in front of me to the end. It has always puzzled me what kept on happening to me as 'Misunderstood words' were not the problem.

Doing this article I finally managed to read the whole thing closely. But it struck me along the way, that if this kind of black out happens for you too, and maybe many other Scientologists and Freezoners we actually have some kind of Group engram here.

We have been subject to these rules and laws, but they were clouded by 'Pain and Unconsciousness'. They were too painful even to read. This may be the mechanism behind how some oppressive regimes get away with harsh or worse justice. People simply refuse to realize it exists. They go blank or black out when they run into it. They may explain incidents of it away as unfortunate or unusual cases.

The 'Court records' in Scientology™ (Findings of Committee's of Evidence etc.) are not publicly available either. This is another way this justice stays out of sight and becomes part of the 'Group Bank' rather than the Analytical Mind of the group.

It would be quite a treasure for analysis if these Scientology™ records were as available and you could sit down and read through them one by one, as you can do with court records in the government court systems.

The Commodore's Law

The way the "Offenses and Penalties" is written I will call it 'The Commodore's Law". It bears similarities with the Justice that ruled in the days of Admiral Nelson - the famous British Navy hero.

Since Hubbard was a US Navy veteran (and Commodore of the Sea Org), we assume the model is based on US Navy's Military Law. Mutiny, insubordination, desertion, misconduct, and other offenses harmful to military discipline are violations unique to military law. These are all found in 'Offenses and Penalties'. The 'Courts' in Scientology™ as 'Board of Investigation' (B of I) , 'Ethics Hearing', 'Court of Ethics' and 'Committee of Evidence' (ComEv) bear resemblance with how the navy and military administers justice. The best known military court being Court Martial.

The Ethics Codes of Scientology™ have not gone through a legislative body (such as a parliament, if it was a country), nor through the hands of legal experts (which corporations routinely do with their laws, bylaws and policies). So we have a Code, that is written by the Commodore and is not subject to question or change. As Policy can only be changed or cancelled by the Commodore himself - and he isn't available - they are now permanent!

The Missing Review Process

As a fiction writer Hubbard would have an agent and an editor to smooth things out. They would come with suggestions and advice - and sometimes directions and orders. They would be diplomatic or negotiate on his behalf and help him to 'flourish and prosper'. They would step in and stand up for him if critics attacked him; something most creative people abhor. LRH was no different. He was a passionate defender of his teachings - a common trait for trail blazing writers and scientists.

When it came to writing the "Offenses and Penalties", Hubbard had no friends like an agent or editor. We know of no legal experts, that gave him advice. Most of the clauses were first published in policies or technical bulletins on a specific subject, with a foot note that such and such a deed be included in the Ethics Codes as a Misdemeanor up to a High Crime (Suppressive Act). These were never questioned or put through any kind of review process. They were just added, because 'the Commodore says so'.

This May Be a First!

What we attempt here may be a 'First'. At least I have never seen it done before - with Scientology™ 'Ethics Codes' that is. As an academic exercise it's common practice. We are putting the Ethics Codes through a review process.

The US Congress did something more radical to the US Military Code, when they in 1951 established the 'Uniform Code of Military Justice'. On the background of atrocities done in the name of 'Military Justice' during World War II, they completely revised the military justice system and placed the operations in the hands of professional lawyers to ensure fairer application.

The way we have done our review, is, that we first decided upon a 'Constitution of Scientology'. That was our first step. Both countries and large corporations have such a thing. These are the senior documents/laws, that set the guidelines for all consecutive laws, rules or policies. It's 'unconstitutional' and illegal to pass laws in conflict with these documents. Only 'Emergency powers' (as a government or constitutional term) or Martial law can override such laws in a regulated way - and only on a temporary basis.

Under certain circumstances basic individual rights can be set aside if the situation warrants immediate action without time for explanations. That is by the way exactly what group engrams are all about. Urgent orders without time to explain.
(World War II veterans were subject to countless group engrams due to harsh military justice).

'A Scientology™ Constitution'

We looked at the vast literature of Scientology™ to isolate constitutional points. Since Scientology™ is basically a humanitarian effort, they were not hard to find. If we should pick just one Document, it would be The Creed of the Church of Scientology. A Creed in any Church is a founding document and an Absolute. We looked a little further, however and have only picked a few points here and there.

The most relevant are The Goals of Scientology, The Creed of the Church of Scientology™ and The Code of a Scientologist. I am here just quoting a few lines relevant to justice and constitutions.

From the Creed, that in part follows 'Human rights' we needed the following:

That all men have inalienable rights to their own religious practices and their performance.
(Label: Free religion)

That all men have inalienable rights to conceive, choose, assist and support their own organizations, churches and governments.
(Label: Organize)

That all men have inalienable rights to think freely, to talk freely, to write freely their own opinions and to counter or utter or write upon the opinions of others.
(Label: Free speech)

That all men have inalienable rights to their own defense.
(Label: Own defense)

(The 'Label' is the short hand we use in table below).

From Code of a Scientologist we are using these:

1. To keep Scientologists, the Public and the Press accurately informed concerning Scientology, the world of Mental Health and society.
4. To decry and do all I can to abolish any and all abuses against life and Mankind. Label: Abuse
8. To support true Humanitarian endeavors in the field of Human Rights.
9. To embrace the policy of equal justice for all. Label: Eql. Just
10. To work for freedom of speech in the world. Label: Free speech.
11. To actively decry the suppression of knowledge, wisdom, philosophy or data which would help Mankind. Label: Free thought
12. To support the freedom of religion. Label: Free Religion

These are all good human rights principles. You find many of them in constitutions. Some of them are unique to Scientology.
We are not trying to write the constitution for Scientology™ here. But we needed something to evaluate each point against. We held each point of the Justice Code up against the above points - our 'constitutional' points - and asked, is this point in conflicts with these basic rights and rules? Is it 'Constitutional in Scientology?'

Table and Tabulation

Below is a long table, where we evaluate each of the 160 offenses listed in the 1978 edition of the "Offenses and Penalties". Later editions of this Code exist. The difference is, that more offenses have been added and post titles may have changed (e.g. WW is now International Justice Chief). Since no offenses have been deleted, the 1978 edition works for our purposes, namely to survey the character of the system. In addition, in 1978 Hubbard was still running things, so we know the Code was his work without alterations.

We then evaluated each point and added it all up in the table below.

You may want to read the tabulation first. That is a summary and bottom line of doing the 160 plus rows table, line by line.

Don't miss out on the whole thing. Do yourself a favor and go back and read through the whole table; it is quite fascinating and enlightening to understand the details.

To me it was like running out an engram (to old timers it may be a whole engram chain). You don't just skip the whole thing saying "Yeah, I pretty much know what happened". To me it was a revelation to look at the ins and outs. Maybe no wonder, since this was, I believe, the first time I managed to actually go through the whole thing without going 'unconscious' or black out or run.

The detailed analysis of the Code is what sets this essay apart from all the 'black PR and 'selling' accounts countless individuals have attempted. The Scientology™ Justice system has been 'trashed' many times. This article is intended to run out the 'actual incident' or chain of incidents.

Click here if you want to go to the summary Tabulation. now.

Check our Content Page

it struck me along the way, that if this kind of black out happens for you too, we actually have some kind of Group engram here.

The 'Court records' in Scientology™ are not publicly available either. This is another way this justice stays out of sight and becomes part of the 'Group Bank'

we assume the model is based on US Navy's Military Law.

The Ethics Codes of Scientology™ have not gone through a legislative body, nor through the hands of legal experts

As Policy can only be changed or cancelled by the Commodore himself - and he isn't available - they are now permanent!

LRH was a passionate defender of his teachings - a common trait for trail blazing writers and scientists.

When it came to writing the "Offenses and Penalties", Hubbard had no friends like an agent or editor. We know of no legal experts, that gave him advice.

(click to enlarge)

Handwritten unofficial 'Justice Pl'
by Hubbard:
"If anyone does anything to get any of these organizations in bad publicity, such as narcotics charges, drunk driving or other unsavory data, I have a policy - I will beat their teeth in personally.

Sincerely - LRH"

On the background of atrocities done in the name of 'Military Justice' during World War II, the US Congress completely revised the US military justice system

We first decided upon a 'Constitution of Scientology'.

...the senior documents/laws, that sets the guide lines for all consecutive laws

Since Scientology™ is basically a humanitarian effort, constitutional points were not hard to find.

If we should pick just one Document, it would be The Creed of the Church of Scientology.

The Goals of Scientology

The Creed of the Church of Scientology

The Code of a Scientologist

We are not trying to write the constitution for Scientology™ here. But we needed something to evaluate each point against.

We held each point of the Justice Code up against our Scn. 'constitutional' points and asked
- Is this 'Constitutional in Scientology?'

You may want to read the tabulation first. That is a summary and bottom line of doing the 160 plus rows table, line by line.

it was like running out an engram (to old timers it may be a whole engram chain). You don't just skip the whole thing saying "Yeah, I pretty much know what happened".

This article is intended to run out the 'actual incident' or chain of incidents.

THE ETHICS CODES

OFFENSES AND PENALTIES

(Tabulation of all Misdemeanors, Crimes and High Crimes, From Intro to Scn Ethics, 1978 Edition.)
(Only Column 'Offense/Crime' from book).

Consecutive numbering
for easy
reference

Offense/Crime

Does it violate Scn
Creeds, Codes or Basics?
Scn 'Constitution'

Comments

Compared to
what body of
rules/laws?

Grading
'Flunks' are marked. Rest are 'Pass'.

Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
	MISDEMEANORS
	TECHNICAL MISDEMEANORS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
1	Knowing and repeated departures from standard technology, instructional procedures or policy.	OK	pass	professional conduct	Fair
2	Processing a known Potential Trouble Source or the family or adherents of a Suppressive Person or Group.	OK	Based on PTS tech. Since definition (determination) of SP is shaky and can see used as a derogatory label, arbitraries are easily let in. (precedent/ definitions needed).	professional conduct	Generality Problematic (flunk)
3	Auditor's Code breaks resulting in a disturbance of the preclear.	OK	Good. Vital to subject	professional conduct	Fair
4	Failure to follow the Supervisor's Code resulting in disturbed students.	OK	Good	professional conduct	Fair
5	Issuing data or information to wrong grades or unauthorized persons or groups or issuing data or information broadly without authority.	OK	OK	professional conduct	Fair
6	Any staff auditor turning in an illegible report.	OK	Good	professional conduct	Fair
7	Any staff auditor attesting falsely to TA or falsely reporting the flattening of a process.	OK	Good. Vital	professional conduct	Fair
8	Any staff auditor running any process on any organization preclear that is not given in grade and level HCO Bulletins.	OK	Good. Keep the tech straight.	professional conduct	Fair
9	Any alteration or non-standard rendition of a process.	OK	As long as it's not used to stop research: fine.	professional conduct	Fair
10	Any staff auditor running a preclear above the preclear's grade instead of for the next grade, or running processes out of sequence in a grade.	OK	Good. Qualified researchers excepted.	professional conduct	Fair
11	Any student knowingly altering technology, applying processes improperly, or using technology illegally on paying preclears, or lower students or the public, while a student.	OK	Good.	professional conduct	Fair
12	Any other answer to a student's demand for verbal technical or unusual solutions than the permitted: „The material is in (HCO Bulletin, Policy Letter or tape)." „What does your material state?" „What word did you miss in the (Bulletin, Policy Letter or tape)?" and requests for unusual auditing solutions: „What did you actually do?"	OK	This way of supervising is very robotic and harmful to understanding. Makes course rooms into boot camps. Not a place of learning and gaining understanding (=ARC). Other ways to protect the tech from alter-is needed.	Military law	Games Condition (flunk)
	GENERAL MISDEMEANORS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
13	Non-compliance.	OK	Inspires militarism	Military law. Employment	Harsh
14	Discourtesy.	OK	Inspires militarism	Military law. Employment	Harsh
15	Insubordination.	OK	Same. The 3 Impede ARC, self determinism, but can be needed at times	Military law. Employment	Harsh
16	Mistakes resulting in financial or traffic loss.	OK	Valid in any job/employment contract	Employment	Fair
17	Commissions or omissions resulting in loss of status or the punishment of a senior.	OK	Very vague and subjective. Since precedent is not used in Scn Justice, proper definitions are needed. (precedent/ definitions needed).	Military law	Generality (flunk)
18	Neglect or gross errors resulting in the need to apply the Emergency Formula to their person, section, unit, department, organization, zone, or Division.	OK	Same as above. But here you can at least look at statistics	employment	Fair Generality
19	Continued association with squirrels.	violates creed	A violation of Creed of CoS. This makes it Military law's: 'Fraternizing with the enemy'.	Military law	Harsh
20	Abuse or loss or damage of organization material.	OK	Valid in any job/employment contract	Employment	Fair
21	Waste of organization material.	OK	Valid in any job	Employment	Fair
22	Waste of funds.	OK	Valid in any job	Employment	Fair
23	Alteration of senior policy or continued ignorance of.	OK	Valid in any job	Employment	Fair
24	Consistent and repeated failures to wear their hat regarding Dev-T.	OK	Can you feel LRH's despair? Rule fair, but too open to interpretation	Employment	Fair Generality
25	Refusing an E-Meter Check.	Violates Creed	Is open to misuse and oppressive use of sec checks 'Constitution' violated = Martial law	Military law Martial	Games Condition (flunk)
26	Refusing auditing when ordered by a higher authority.	Violates Creed aud Code	Is open to misuse and oppressive use of sec checks. Creed violated=Martial law Violates Aud. Code	Military law Martial	Games Condition (flunk)
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
27	Disturbing a course or class.	OK	Needs hardly saying nor a law	Employment	Fair Generality
28	Disrupting a meeting.	OK	Needs hardly saying nor a law	Employment	Fair Generality
29	The discovery of their having an undisclosed criminal background in this lifetime.	OK	Background check. Widely accepted.	Employment	Fair
30	The discovery of an undisclosed tenure in a mental hospital.	OK	Borderline, but since this is a central point in PTS tech we can live with it	Employment PTS Policy	Harsh
31	Omissions resulting in disrepute or financial loss.	OK	Needs to be defined. 'Generalities won't do'.	Employment	Fair Generality
32	Assisting the inadequacy or decline of income or traffic in a section, unit, department, organization, zone, or Division.	OK	If things are not going well nobody is safe under this one. Needs defining. (precedent/ definitions needed).	Military law Employment	Generality (flunk)
33	Failure to acknowledge, relay or comply with a direct and legal order from an executive staff member.	OK	Basically fine. Should be defined better.	Military law	Fair Generality
34	Misconduct.	OK	Whoops. Opens the door to a world of Ethics abuse. (precedent/ definitions needed).	Military law	generality (flunk)
35	„Unauthorized issue"; issuing material that does not have an authority for that purpose.	Violates Code	There is such a thing as I.A. even on public statements. Just doesn't work in that formulation. (precedent/ definitions needed).	Military law Employment	Generality What material? (flunk)
36	Contributing to a crime.	OK	Basically fine. Should be defined better.	criminal law	Fair Generality
37	Any staff member in a senior organization having vital data concerning an organization, department, unit or section that is IN AN EMERGENCY STATUS, or information clearly indicating that it should be, not bringing the matter effectively to the attention of superiors in his own organization.	OK	Sounds fair if you have the right team spirit. 'Not bringing the matter effectively to the attention of superiors' makes it shaky.	Military law Employment	Fair Harsh
	ETHICS MISDEMEANORS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
38	Failure to appear before a Committee of Evidence as a Witness or Interested Party when personally given summons or receiving summons by registered post.	OK	Fine. True in any court system	Civil law	Fair
39	Refusing to testify before a Committee of Evidence.	OK	Fine. True in any court system	Civil law	Fair
40	Showing contempt or disrespect to a Committee of Evidence when before it.	OK	Fine. True in any court system	Civil law	Fair
41	Destroying documents required by a Committee of Evidence or refusing to produce them.	OK	Fine. True in any court system	Criminal law	Fair
42	Withholding evidence.	OK	Who? the suspect?	Civil law	Generality (flunk)
43	False swearing on a signed statement or form.	OK	Fine. True in any court system	Criminal law	Fair
44	Impeding Ethics.	OK?	This is declaring open season on anybody not watching out. (precedent/ definitions needed).	Military law	Generality (flunk)
45	Refusing to serve on a Committee of Evidence.	OK	There can be reasons	Civil law	Unfair (flunk)
46	Refusing to vote while a member of a Committee of Evidence.	OK	Fair	Civil law	Fair
	CRIMES

	NON-COMPLIANCE AND NEGLECT
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
47	Non-compliance with urgent and vital orders resulting in public disrepute.	OK	Open to interpretation and misuse. Used a lot to bust people	Military law	Fair Harsh
48	Placing Scientology™ or Scientologists at risk.	OK	Very common generality in Findings from ComEv's. (precedent/ definitions needed).	Military law	Generality
49	Omissions or non-compliance requiring heavy intervention by seniors, consuming time and money, with Dev-T.	OK	Too open to interpretation - as many other points are. Makes you think, there is something unsaid or missing definitions.	Employment	Harsh Generality
50	Failure or refusal to acknowledge, relay or execute a direct legal order from an International Board Member, or an assistant Board Member.	OK	Fair, but with an air of Military organization.	Employment Military law	Fair
51	Following illegal orders or illegal local policies or alter-is, knowing them to be different or contrary to those issued by the Int. Board. Following illegal orders or illegal local policies or alter-is, knowing them to be different or contrary to those issued by the International Board.	OK	Fair, but with an air of military organization.	Military law	Fair
52	Not directly reporting flagrant departures from International Board policy in a section, unit, department, organization, zone, or Division.	OK	Fair, but with an air of military organization.	Military law	Fair Harsh
53	Being long absent from post while a senior executive without advising the Board Member of his or her Division.	OK	Too little data to make good sense. (precedent/ definitions needed).	Employment	Generality (flunk)
54	Permitting a section, unit, department, organization, zone or Division to collapse	OK	Very common generality in Findings from ComEv's. (precedent/ definitions needed).	Military law	Generality (flunk)
55	Not taking over as a deputy in a crisis not otherwise being handled.	OK	You should. Making it a crime not to, is military style.	Military law	Fair Harsh
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
56	Not reporting the discovery of a Crime or High Crime to World Wide while in authority or as a member of a Committee of Evidence or as a witness before a Committee of Evidence.	OK	Fair, but with an air of military organization, when made a crime.	Military law	Fair Generality
57	Refusal to accept penalties assigned in a recourse action.	OK	OK	civil law	Fair
58	Overworking an executive by ignoring one's duties.	OK	Common generality in Findings of ComEv's. (precedent/ definitions needed).	Military law	Generality (flunk)
59	Protecting a staff member guilty of a Crime or High Crime listed in this code.	OK	Commonly known as 'aiding and abetting'. OK	civil law	Fair
60	Committing offenses or omissions that bring one's senior staff member, unit, department, organization or zone official to personal risk and/or a Committee of Evidence, civil, criminal or court.	OK	If there is a rule here, we demand to know. Otherwise it's too easy to misuse. (precedent/ definitions needed).	Military law Employment	Generality (flunk)
61	Condoning circumstances or offenses capable of bringing a course, section, unit, department, organization, zone or Division to a state of collapse.	OK	If there is a rule here, we demand to know. Otherwise it's too easy to misuse. Often seen used in ComEv's. (precedent/ definitions needed).	Military law Employment	Generality (flunk)
62	Neglect or omission in safeguarding the copyrights, registered marks, trade marks, registered names of Scientology.	OK	CoS are very protective of copyrights and TM's. Would be fine if they didn't resent selling the materials freely.	Copyright law	Fair
63	Neglect of responsibilities resulting in catastrophe even when another manages to avert the final consequences.	OK	If there is a rule here, we demand to know. Otherwise it's too easy to misuse. A favorite in Findings.	Military law Employment	Generality
	FINANCIAL CRIMES
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
64	Passing Organization students or preclears to outside auditors for private commission.	OK	Would be part of any reasonable employment agreement.	Employment	Fair
65	Taking an organization position to build up a private practice.	OK?	Speaks to intent, which is not evidence nor punishable.	Employment	Unfair (flunk)
66	Taking private fees while on staff to audit outside preclears, run private courses, coach or audit students or organization preclears.	OK	This is an old problem in many professions. Can easily be twisted into a games condition	Employment	Fair
67	Embezzlement.	OK	Agree	Criminal law	Fair
68	Taking commission from merchants	OK	Agree	Criminal law Employment	Fair
69	Reselling organization material for private gain.	OK	Agree	Criminal law	Fair
70	Using an organization position to procure personal or non-Scientology™ funds or unusual favors from the public, a firm, student or preclear.	OK	Too general to make it a clear crime. Can think of many examples where it isn't. (precedent/ definitions needed).	Employment	Generality (flunk)
71	Making out or submitting or accepting false purchase orders.	OK	Agree	Criminal law	Fair
72	Juggling accounts.	OK	Agree	Criminal law	Fair
73	Illegally taking or possessing organization property.	OK	Agree	Criminal law	Fair
74	Obtaining loans or money under false pretenses.	OK	Orgs, registrars and their FSM's do that all the time. Should be enforced.	Criminal law	Fair - often violated
75	Pretending Scientology™ certificates, classifications or awards not actually held to obtain money or credit.	OK	Agree	Employment professional conduct	Fair
76	Selling auditing hours or training courses for advance which are not then delivered as to hours and time in training (but not results or subject matter). (Flag and Orgs)	OK	Orgs, registrars and their FSM's do that all the time. Should be enforced.	Civil law	Fair - often violated
77	Theft.	OK	Agree	Criminal law	Fair
	TECHNICAL CRIMES
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
78	Being or becoming a Potential Trouble Source without reporting it or taking action.	OK	As it's formulated you can charge, pc's students and staff with this. Made a crime it's Military law style. (precedent/ definitions needed).	Military Employment	Unfair to pc's (flunk)
79	Receiving routine auditing other than that intended for the handling of a Potential Trouble Source, while being PTS.	OK	As it's formulated you can charge pc's with this. Made a crime it's military style. (precedent/ definitions needed).	Military law PTS tech	Unfair to pc's (flunk)
80	Withholding from local Scientology™ executives that he or she is a Potential Trouble Source.	OK	As it's formulated you can charge, pc's students and staff with this. Made a crime it's military style. (precedent/ definitions needed).	Military law PTS tech	Fair Harsh
81	Failing to report a Potential Trouble Source to local HCO.	OK	Open the door to a police state. Generality.	Military law PTS tech	Generality Harsh (flunk)
82	Using Scientology™ harmfully.	OK	This is too open to interpretation. Other points should cover.	Professional conduct	Generality
83	Not bringing a preclear up through the grades but overwhelming the preclear with high grades.	OK	Agree	Professional conduct	Fair
84	Processing or giving aid or comfort to a Suppressive Person or Group.	OK	The lack of compassion is legendary in CoS. Showing it can even be a crime.	Military law Professional conduct	Games Condition (flunk)
85	Issuing the data or information or instructional or administrative procedures without credit or falsely assigning credit for them to another.	OK	This seems to be an LRH special. Would hardly pass any legislative process as a crime.	copyright law PR	Fair - If they will make it avail.
86	Allying Scientology™ to a disrelated practice.	OK	This is another LRH special. Would hardly pass any legislative process as a crime. It seems to seed many controversies.	Professional conduct?	Games condition (flunk)
87	Harmful flagrant and continued Code Breaks resulting in important upsets.	OK	Agree	Professional conduct	Fair
88	Issuing any Scientology™ data under another name.	Conflict with Creed	This is another LRH special. It seems to seed many controversies. 'Fair use' quotes and rewrites are perfectly legal and common.	Professional conduct Employment Copyright	Games condition internally Fair
89	A student damaging another by willful application of incorrect technology may be charged by his Supervisors with a Crime and a Court of Ethics action must be requested by his Supervisors.	OK	OK	Professional conduct	Fair
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
90	Any Supervisor teaching or advising any method not contained in HCO Bulletins or on tapes, or slighting existing HCO Bulletins, Policy Letters or tapes.	Against Creed Freedom of Speech.	The evaluating of importances is an essential part of learning. You can misuse this to make it illegal. To make it a Crime is wrong.	Professional conduct	Unfair (flunk)
91	Any staff auditor reporting falsely verbally or in writing on an auditor's report.	OK	Agree	Professional conduct	Fair
92	A student falsely enrolling.	OK	Agree	Civil law	Fair
93	Putting HCO at risk of reputation by false attestation as a student or preclear.	OK	It should be tech's responsibility to catch this. To declare pc a 'criminal' is silly. Yet 'False Attestation' needs to be covered.	Military law?	Harsh
94	Running a course without a checksheet.	OK	Agree	Professional conduct	Fair
95	Changing a checksheet on a student after it's issued to him.	OK	Agree	Professional conduct	Fair
96	A Power Auditor seeking or accepting advice verbally or in writing on how to run Power Processes from a person not doing the folder.	OK	Agree	Professional conduct	Fair
97	Any auditor accepting an unusual solution without filing a job endangerment chit or found using an unusual solution must be charged with a Crime and given an Ethics Hearing. Failing to report an unusual solution advised or used is also so handled. An „unusual solution" is one evolved to remedy an abuse of existing technology.	OK	Agree basically. Can be misused to make the system very rigid, prevent research etc. But OK in a delivery Org.	Professional conduct Authoritarian	Fair
98	A Potential Trouble Source knowingly permitting the Suppressive Person to be processed without advising the auditor or Scientology™ authorities.	OK	There is a lot of opinion in PTS SP tech. Until that is resolved this clause shouldn't be law. Kids have their parents labeled 'SP's' for their own case reasons, for instance.	Professional conduct Authoritarian	Generality
	GENERAL CRIMES
99	Organizing or allowing a gathering or meeting of staff members or field auditors or the public to protest the orders of a senior.	Against: free speech, organize.	Only what we call Martial law can justify to set aside Creed; and only temporarily. Yet many such 'crimes' and 'high crimes' are listed here. Need to be resolved by other means.	Military law Martial Law	Games condition (flunk)
100	Using a local Scientology™ title to set aside the orders or policies from the International Board.	OK	OK. But system needs a little more flexibility for local managers. Simplified Operating Policies would do it.	Military law	Fair
101	Impersonating a Scientologist or staff member when not authorized.	OK	Agree	employment	Fair
102	Inciting to insubordination.	OK	'Insubordination' is a Military term. Another flavor of military rule.	Military law	Fair Harsh
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
103	Instigating a local power push against a senior.	OK	This could be used with good cause, but also misused.	Military law	Generality
104	Spreading destructive rumors about senior Scientologists.	Creed: Free Speech.	Nobody likes it; but there are better ways to deal with this than making it a crime	Martial law civil law	Games condition
105	Pretending to express a multiple opinion (use of „everybody") in vital reports, which could influence assistant board or board decisions. (Board should know better - freedom of speech)	Creed: Free Speech.	Nobody likes it; but there are better ways to deal with this than making it a crime. Board should know better than believe such reports too.	employment	Harsh
106	Refusal to uphold discipline.	OK	'Uphold discipline' is a military term. Flavor of military rule.	Military law	Harsh Generality
107	Getting another staff member disciplined by giving false reports about him or her.	OK	Agree	Civil law	Fair
108	Falsifying a communication from higher authority.	OK	Seems OK on surface. It has a Military law flavor, however.	Military law Employment	Harsh
109	Falsifying a telex message or cable.	OK	Agree	civil law	Fair
110	Causing a staff member to lose prestige or be disciplined by giving false reports.	OK	Ethics seems to do this as the way to conduct business. It is too tricky to deal with as a crime	Military law Employment	Harsh
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
111	Seeking to shift the blame to an innocent staff member for the consequences of one's own offenses.	OK	It is too tricky to deal with as a crime	employment	Harsh
112	Willful loss or destruction of Scientology™ property.	OK	Agree	civil	Fair
113	Causing severe and disreputable disturbances resulting in disrepute.	OK	This is a generality, which can be used very subjectively. (precedent/ definitions needed).	employment	Generality (flunk)
114	Holding Scientology™ materials or policies up to ridicule, contempt or scorn.	Creed: Free Speech.	Sorry. Free speech has it's price. It shouldn't be suppressed by law; simply because that doesn't work.	PR	Games Condition (flunk)
115	Heckling a Scientology™ Supervisor or lecturer.	OK	It's not nice to do. To make it a crime is silly.	Group rules	Too Harsh
116	Falsely degrading an auditor's technical reputation.	OK	It's not nice to do. To make it a crime is silly. Done routinely by ethics in 'Findings'.	Group rules	Harsh
117	Impersonating an executive staff member.	OK	Agree	employment	Fair Harsh
118	Condoning the suppression of the word „Scientology" in its use or practice.	Creed: Free Speech.	Sorry. Free speech has it's price. It shouldn't be suppressed by law; simply because that doesn't work.	Martial law PR	Games condition (flunk)
119	Mayhem.	OK	It's put in there to flavor the section - in my opinion	Criminal law	Fair
120	Being a knowing accessory to a Suppressive Act.	OK	It stands and falls with what's an SP act. 'Accessory to a crime' is serious in Court. (precedent/ definitions needed).	Criminal law	Generality
	HIGH CRIMES (SUPPRESSIVE ACTS)

Def:	"A SUPPRESSIVE PERSON or GROUP is one that actively seeks to suppress or damage Scientology™ or a Scientologist by Suppressive Acts. " LRH
Why?	The above legal definition of SP is very subjective and sets the 'High Crime' section up for being possibly the "REAL WHY' for a lot of troubles and controversy. In law you have "legally insane" as a narrow, non medical definition. The SP definition here is the "Legally SP" and not clearly based on any technical facts. Thus it is used as a label you can put on opponents and enemies. This sets the stage for a Games Condition.
Def:	" SUPPRESSIVE ACTS are acts calculated to impede or destroy Scientology™ or a Scientologist and which are listed at length below." LRH
Why?	Any group has a right to defend itself. Calling opponents ' names' are part of the Game. To make this into unchangeable law - against one's own basic principles - accounts however for much of the troubles CoS has had over the years. LRH was a passionate defender of his teachings. Most trail blazers are. He was at war with powerful opponents and enemies. War may warrant Martial law. To make it permanent, degrades the group into thinking that warrior behavior is normal, and basic principles can be ignored at will.
	Since Martial law allows for setting aside Civil rights for as long as it is in force it is used repeatedly below as a frame of reference. A government also uses 'state of emergency'. But since that has a Scientology™ meaning it would confuse the language, thus Martial law: Martial law (Britannica abbr.) Temporary rule of a designated area by military authorities in time of emergency when the civil authorities are deemed unable to function. Under martial law, civil rights are usually suspended and the activities of civil courts restricted or supplanted entirely by military tribunals. Its application is limited primarily by international law and the conventions of civilized warfare. See also human rights, war crimes.
	ATTACKS ON Scientology™ AND SCIENTOLOGISTS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
121	Proposing, advising or voting for legislation or ordinances, rules or laws directed towards the Suppression of Scientology.	Creed: Free Speech, Organize	You don't want such a person in your group. He is by definition an opponent. To make it an SP act, however, suggests suppression of his rights to do so.	Martial law	Games condition (flunk)
122	Testifying hostilely before state or public inquiries into Scientology™ to suppress it. (suppression of evidence)	Creed: Free Speech	You don't want such a person in your group. He is by definition an opponent. To make it an SP act, however, suggests suppression of his rights to do so.	Martial law	Games condition (flunk)
123	Public statements against Scientology™ or Scientologists but not to Committees of Evidence duly convened.	Creed: Free Speech	You don't want such a person in your group. He is by definition an opponent. To make it an SP act, however, suggests suppression of his rights to do so.	Martial law	Games condition (flunk)
124	Reporting or threatening to report Scientology™ or Scientologists to civil authorities in an effort to suppress Scientology™ or Scientologists from practicing or receiving standard Scientology.	Creed: Free Speech	You don't want such a person in your group. He is by definition an opponent. To make it an SP act, however, suggests suppression of his rights to do so. (suppressing due process)	Martial law	Games condition (flunk)
125	Bringing civil suit against any Scientology™ Organization or Scientologist including the non-payment of bills or failure to refund without first calling the matter to the attention of the Chairman at World Wide and receiving a reply.	Creed: right to own defense	The CoS likes this one. If it doesn't pay their bills to Scientologists, they can do nothing. Made an SP act they can't collect by legal means and also remain members. (suppression of justice)	Martial law	Games condition (flunk)
126	Writing anti-Scientology™ letters to the press or giving anti-Scientology™ or anti-Scientologist evidence to the press.	Creed: Free Speech	You don't want such a person in your group. He is by definition an opponent. To make it an SP act, however, suggests suppression of his right to do so.	Marital law	Games condition (flunk)
127	Testifying as a hostile witness against Scientology™ in public.	'free speech' 'Own defense'	You don't want such a person in your group. He is by definition an opponent. To make it an SP act, however, suggests suppression of his right to do so. (suppresses due process)	Martial law	Games condition (flunk)
128	Being at the hire of anti-Scientology™ groups or persons.	Creed: Organize	Not very clear. Seems a way to define individuals as part of 'the enemy'.	Martial law	Games condition
129	Infiltrating a Scientology™ group or organization or staff to stir up discontent or protest at the instigation of hostile forces.	OK	We are talking spies and traitors. That's a clear 'high crime'.	Intelligence	Fair
130	Mutiny.	OK	I guess you will have to look it up in the dictionary before you hang them. Usually a crime should be defined in the law. A clause like this shows the lack of legislative process and expertise.	Military law Maritime law	Harsh Generality
131	Receiving money, favors or encouragement to suppress Scientology™ or Scientologists.	OK	This is applicable to define the 'enemy'. It's totally dependant on the use of 'Suppress'.	Intelligence	Fair Harsh
132	Publicly resigning staff or executive position in protest or with intent to suppress.	Flunk!	You can't prosecute intent. Only Police states do that. More than any other clause, this shows the lack of legislative process and expertise.	Martial law Police state	Games condition (flunk)
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
133	Theft or espionage for another group or government.	OK	Agree. But do to others as you want them to do to you.	Intelligence	Fair
134	Pronouncing Scientologists guilty of the practice of standard Scientology.	OK	This is mainly used to define hostile professions and officials. To declare them SP is silly.	Military law	Harsh Games condition
135	Engaging in malicious rumor-mongering to destroy the authority or repute of higher officers or the leading names of Scientology™ or to „safeguard" a position.	OK	Such a person would be fired anywhere.	Employment	Harsh Fair
136	Delivering up the person of a Scientologist without defense or protest to the demands of civil or criminal law.	OK	Are you supposed to 'Aid and abet' a fugitive or just make a statement? A clause like this shows the lack of legislative process and expertise.	Military law. Group member	???
137	Falsifying records that then imperil the liberty or safety of a Scientologist.	OK	This is clearly a crime	Employment Criminal law	Fair
138	Knowingly giving false testimony to imperil a Scientologist.	OK	This is clearly a crime	Criminal law	Fair
139	Blackmail of Scientologists or Scientology™ organizations threatened or accomplished - in which case the crime being used for blackmail purposes becomes fully outside the reach of Ethics and is absolved by the fact of blackmail unless repeated.	OK	This is clearly a crime. The irony is, that CoS 'blackmail' ex-members, using privileged confessions to pacify them.	Criminal law	Fair
140	Spreading false tales to invalidate Clears.	Free speech	To make it a SP act, shows LRH's passion, but also sets up a games condition	PR Civil law	Games condition (flunk)
141	Spreading libelous and slanderous statements about the alleged behavior of Clears.	Free speech	To make it a SP act, shows LRH's passion, but also sets up a games condition	PR Civil law	Games condition (flunk)
142	First degree murder, arson, disintegration of persons or belongings.	OK	Agree, but the last 3 ones is a funny sequence	Criminal law	Fair
	DISAVOWAL SPLINTERING DIVERGENCE
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
143	Public disavowal of Scientology™ or Scientologists in good standing with Scientology™ Organizations.	Creed: Free Speech, Organize	Learn to deal with it. As it stands it's an attempt to suppress human rights. LRH's passion is showing.	Martial law	Games condition (flunk)
144	Announcing departure from Scientology™ (but not by reason of leaving an organization, a location or situation or death).	Creed: Free Speech, Organize	Learn to deal with it. As it stands it's an attempt to suppress human rights. LRH's passion is showing.	Martial law	Games condition (flunk)
145	Seeking to resign or leave courses or sessions and refusing to return despite normal efforts.	Creed: Free Speech, Organize	Learn to deal with it. As it stands it's an attempt to suppress human rights. LRH's passion is showing.	Military law	Games condition (flunk)
146	Resignation of all certificates, classifications and awards (but not posts or positions or locations).	Creed: Free Speech, Organize	Learn to deal with it. As it stands it's an attempt to suppress human rights. LRH's passion is showing.	Martial law	Games condition (flunk)
147	Continued adherence to a group pronounced a Suppressive Group by the Hubbard Communications Office.	Creed: Free Speech, Organize	Learn to deal with it. As it stands it's an attempt to suppress human rights. LRH's passion is showing.	Martial law	Games condition (flunk)
148	Demanding the return of any or all fees paid for standard training or processing actually received or received in part and still available but undelivered only because of departure of the person demanding (the fees must be refunded but this high crime applies).	OK, but Aud. Code	Contrary to Auditor's Code # 23: " I promise to see any...fee... refunded... the only condition being that he may not again be processed or trained."	Martial law	Games condition (flunk)
149	Aiding or abetting a person demonstrably guilty of Suppressive Acts.	OK	SP act one-sided. If it's 'aiding and abetting a criminal' it's fine.	Martial law	Games condition
150	Dependency on other mental or philosophic procedures than Scientology™ (except medical or surgical) after certification, classification, or award.	Creed: Free Speech, Organize	This clause marks the line, where we go from religious philosophy into the realm of a Cult. What happened to the critique of Authorities? "If it isn't true for you, it isn't true", etc.?	Catholic Church. True believer	Games condition (flunk)
151	Accepting treatment from a splinter group.	Creed: Free Speech, Organize	This mainly goes on protecting a business. Not wrong, but has a ring of LRH passion to it.	Group member	Games condition
152	Continued membership in a divergent group.	Creed: Free Speech, Organize	This mainly goes on protecting a business. Not wrong, but has a ring of LRH passion to it.	commercial	Games condition
153	Organizing a splinter group to use Scientology™ data or any part of it to distract people from standard Scientology.	Creed: Free Speech, Organize	This mainly goes on protecting a business. Not wrong, but has a ring of LRH passion to it.	Commercial	Games condition
154	Organizing splinter groups to diverge from Scientology™ practices, still calling it Scientology™ or something else.	Creed: Free Speech, Organize	This mainly goes on protecting a business. Not wrong, but has a ring of LRH passion to it. Holy War?	Commercial	Games condition (flunk)
155	Calling meetings of staffs or field auditors or the public to deliver Scientology™ into the hands of unauthorized persons or persons who will suppress it or alter it or who have no reputation for following standard lines and procedures.	Creed: Free Speech, Organize	This mainly goes on protecting a business. Not wrong, but has a ring of LRH passion to it. Holy War?	Commercial	Games condition (flunk)
156	Seeking to splinter off an area of Scientology™ and deny it properly constituted authority for personal profit, personal power or to "save the organization from the higher officers of Scientology".	OK	This mainly goes on protecting a business/group. You have a right to protect your group/interests. It covers a mutinous action.	Military law	Harsh Fair
	TECHNICAL HIGH CRIMES
	Offense	Consti tutional?	Comments	Compared to	Grading
157	Tolerating the absence of, or not insisting upon star-rated checkouts on all processes and their immediate technology and on relevant policy letters on Hubbard Guidance Center Interns or staff auditors in the Technical Division or staff auditors or Interns in the Qualifications Division for the levels and actions they will use before permitting them to audit Organization preclears and on supervisors in Technical and Qualifications Divisions who instruct or examine or failing to insist upon this policy or preventing this policy from going into effect or minimizing the checkouts or lists.	OK	Makes you feel good that such care is given to the 'Standard Application' of the tech. The clause is there, and you can use it when it's warranted.	Professional conduct Military law	Fair
158	Pretending to have an organization but have no technical personnel on staff in Tech or Qual.	OK	Agree. That would be fraudulent.	Criminal law	Fair
	CRIMINAL ISSUE OF MATERIALS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
159	Public Dissemination of false or forbidden or dangerous data.	OK	Agree. Still to be determined what these are.	Intelligence	Harsh Fair
	WILLFUL MISAPPLICATION
160	In truth, any Executive Council which is enforcing Ethics penalties without applying Ethics rewards is liable to a charge of willful misapplication.	OK	Routinely violated. You can be rewarded Green Star, Gold Star, Kah Kahn etc. But they are rarely considered.	Military law	Harsh Fair

Tabulation

Summary Tables:

Type of
Offense Total No
(Ref No) Scn (basics)
constitution
OK/not OK Consti
tutional
in % Martial
law Acceptable
Pass/flunk
Accept
able
in %

Misdemeanor
46
(1-46)
42/4 87% 0 35/11 76%

Crime
74
(47-120)

67/7

90.5%
3/74
57/17

74%

High crime
(SP act)
40
(121-160)

18/22
45% 16/40
21/19
52.5%

Totals:
Offenses
160
127/33 79.4% 19/160 113/47 70.6%

In other words: over 20% of all the offenses are 'Scientology™ unconstitutional'.
Over 10% would only be allowed under Martial law, as they set aside 'inalienable rights'
About 30% would be rejected by any review process as not legitimate laws/rules.

These figures are based on the above table, where we were allowing generously for the benefit of the doubt.

A Little more Detail - Misdemeanors:

Type of
Misdemeanor Total No
(Ref No) Scn (basics)
constitution
OK/not OK Consti
tutional
in % Acceptable
Pass/flunk
Accept
able
in %

Technical misdemeanor
12
(1-12)

12/0

100%

10/2

83.33%

General misdemeanors
25
(13-37)

21/4

84%

19/6

76%

Ethics
misdemeanors
9
(38-46)

9/0
100%
6/3
67%

Totals:
misdemeanors
46
42/4 87% 35/11 76%

Totals if definitions /precedent fixed 46 40/6 87%

Misdemeanors get the best grades as a group.
Here we are within the normal rules of most groups.
When Hubbard talks about the Tech he is - as usual - spot on.

Crimes:

Type of
Crime Total No
(Ref No) Scn (basics)
constitution
OK/not OK Consti
tutional
in % Acceptable
Pass/flunk
Accept
able
in %

Non-comply
neglect
17
(47-63)

17/0

100%

12/5

70.6%

Financial
14
(64-77)

14/0

100%

12/2

85.7%

Technical
21
(78-98)

19/2
90.5%
15/6
71.4%

General 22
(99-120) 17/5 77.3% 18/4 81.8%

Totals:
Crimes
74
67/7 90.5% 57/17 77%

Totals if definitions /precedent fixed 74 59/15 79.7%

The statistics for 'Crimes' are quite similar to 'Misdemeanors'
But things are heating up. Generalities without proper definitions are getting introduced.
Generalities won't do in justice as it leads to injustice, atrocities and 'group engrams'.

High Crimes,
Suppressive Acts:

Type of
High Crime
(SP Act) Total No
(Ref No) Scn (basics)
constitution
OK/not OK Consti
tutional
in % Martial
law Acceptable
Pass/flunk
Accept
able
in %

Attacks on Scn and Scientologists
22
(121-142)

11/11

50%
9
12/10

54.5%

Disavow/Splinter/ Divergence
14
(143-156)

3/11

21.4%
7
5/9

35.7%

Technical
2
(157-158)

2/0
100% 0
2/0
100%

Other 2
(99-120) 2/0 100% 0 2/0 100%

Totals: SP Acts/
High Crimes
40
18/22 45% 16/40 21/19 52.5%

Totals if definitions /precedent fixed No change They are
clear They are
clear They are
clear

This is where 'Martial law' and 'Unconstitutional law' is rampant.
55% is unconstitutional (under our 'Scientology™ Constitution'),
40% is Martial law, where 'inalienable rights' are set aside!
These are conservative figures - giving all the benefits of the doubt.

To Top of detailed Table

Objections

Hubbard said, that the Scientology™ Justice system, wasn't the same as the government court system and we understand that. We don't need a whole government apparatus to take care of business on a group level.
In Scientology™ there are mainly many small organizations, where you have neither personnel, time nor expertise to do anything like formal court cases. (It suggests, that maybe it shouldn't be attempted at all as there are other ways to deal with internal problems).

Shaped after Military Justice

The Scientology™ justice system is shaped after the Military justice system. In peace time it's known to be working like a low budget court system and does it quite well.
In war it's known for ruthless and arbitrary justice. 'One Stop Justice' with a quick resolution. You can get sentenced and shot the same day - no need to wait. The commanding officer is God.

Even though the Scientology™ justice system usually only deals with internal and civil matters and the punishments typically consists of amends projects, demotions, dismissals and possibly payment for services, it does include the Scientology™ 'Death penalty'.

That is the dreaded SP declare (ex-communication) - the point of no return. It can have such an impact because members see their 'Road to Total Freedom' completely blocked. They are ex-communicated and cut off completely from old friends in the group. It has a ring of Catholicism's 'Eternal Condemnation' to it.

'One Stop Justice'

The Scientology™ Justice system is, unfortunately, quite well known for it's 'One stop Justice'. (One thing stated in Policy is, that justice shall be swift and conclusive).
.
There are no checks and balances as in the government courts. The ethics officer - and we are here talking about the 'evil twin, Justin', is often the sheriff, the prosecutor, the judge, the jury, the warden, the jail keeper and the parole officer all rolled up in one person. In the government systems these are by law separate persons to provide the checks and balances. It slows things down, of course, but it gives the defendant more of a chance of a fair trial and treatment.

If we talk about Committee of Evidence (the Scientology™ equivalent to a Court Martial), we have a convening authority and the members of the Committee. The members interview the 'interested party' (defendant), any witnesses etc. They are not required to have any special knowledge of Policy nor law. As a rule they would not have any interest in earlier ComEv's, nor want to learn anything from them. They are more or less picked, drafted and instructed as jury members are in the government court systems.

There is no 'Burden of Proof' they have to worry about. The members just have to do the inquiry and agree on what they choose to believe and get Convening Authority's approval. They usually have a very good idea of what is expected of them.

There are no one helping the defendant (like a defense lawyer). There are no policy guaranteeing him time to prepare a defense, nor any other solid rules in place to guarantee a fair trial. He is at their mercy.

As mentioned the Committee is a panel of peers and usually very much influenced by the Convening Authority, who typically is a senior executive in the same organization.

The whole system is wide open for manipulation and abuse. As we have seen there are plenty of clauses in the 'Codes' that can be used to justify just about any form of oppressive labeling and dishing out of abusive measures.

The Lacking Definitions

In the government court systems around the world, there are two prevalent systems. The one system (used in Anglo Saxon countries) bases its judgments on precedent. (Common Law). In other words they study a large number of earlier similar cases to understand the practicalities and right application of the law.

The other system, prevalent in Continental Europe, bases its judgment on clearly defined law paragraphs which (hopefully) in detail speaks to a case like the one at hand. (The Roman law tradition). Both are methods of defining the law. Great care are given to definition of terms and circumstances, the right procedures, and ensuring the defendant a fair trial.

As you could see in the Scientology™ Code above, it's an assembly of generalities or broad classes of things without attempt to define things and actions too precisely. Studying precedents is not part of the system either. One example is 'Mutiny'; that's the totality of that clause: "Mutiny". You need just look it up in a common dictionary before you hang the guys.

With so many flagrant breaches of basics of any reasonable Justice system, it's no wonder that "Man can not be trusted with Justice". To start with he has to be trusted with a little bit of 'tech' in the area and not be told stories about the wonders of the 'advanced system of Scientology™ justice' when it just isn't there.

The advancements the system claims are all under the heading of 'Rehabilitation' or 'Ethics'. We covered that in the former article "Ethica and his 'Evil' Twin, Justin". Here are some real advances.

Hubbard was on his own turf here, you may say: In the field of rehabilitation, personal improvement and higher states of being and conduct. When he tried to combine ethics and justice, the lack of basics in the justice system turned it into a sugared poison pill.

You have the situation, where the truth of the Ethics system (we call Brother Ethica), feeds power to the Evil Twin, Justin.

The lack of clear definitions and the lack of checks and balances made it an easy target for manipulators or top executives with their own agendas.

'Ethics Presence'

The Scientology™ Justice system seems more like a robe and a wig, that are put on to make it impersonal and to impress the defendant into submission. In Britain robes and wigs are still used by officers of the courts. To 'dress up for Justice' has a long and troubled history. From the Catholic Church's inquisition to Ku Klux Klan to the Court rooms. Justice is made impersonal and 'Divine'. The officers can wash their hands. This tradition injects respect, fear and Ethics Presence into the very idea of a court.

The Scientology™ justice system is not based on sound judicial principles, that would guarantee a fair trial nor 'the greatest good for the greatest number of dynamics'. It seems to be there to get compliance with and submission to the Commodore's law.

The Commodore's law is written by a writer and researcher, who passionately wanted to assert the validity of his own works and teachings. The academic community, organized religion, some vested interest groups and several governments and government agencies were set against him.

His law repeats stubbornly his lesson of being 'the only game going' over and over. It has a feel of a hot temper or maybe a knight in shining armor. It conveys a very low tolerance level for opinions and ideas not stated and copyrighted by Hubbard. In a way it's a document with a lot of color, personality and passion. Not exactly the typical law book text.

I have been a Scientologist and a supporter of Scientology™ technology and Hubbard for many years. I still am. It doesn't mean that I have sold out my 'Inalienable Rights' nor agreed to subject myself to Martial law eternally. That Hubbard was a great tech researcher, does not to mean, that he was a great and dedicated scholar of law. He was first and foremost a defender of his teachings.

Obviously the whole Code came about as footnotes in various policy issues and technical issues he was passionate about. Point after point was added to the Code as he went along.

This passion and his games condition with any opposition is now institutionalized. It makes his words in the 1951 "Essay on Management" sound even more prophetic, than we want to hear:

"The dreamer of dreams and the user of flogs on lazy backs cannot be encompassed in the same man, for the dream, to be effective, must be revered and the judge and the task master can only be respected. Part of a goal is its glamour and part of any dream is the man who dreamed it. Democracy probably failed when Jefferson took office as president, not because Jefferson was a bad president but because Jefferson, engrossed with management, ceased his appointed task of polishing up the goals."

If Scientology's Goals of 'A world without crime' etc. are to be taken seriously, it must include a Justice system that learns from and embraces the best of the existing ones - including respect for the defendant's stated inalienable rights.

If you set basic rights aside, you are likely to start a vendetta - an overt-motivator sequence.   "Injustice" often leads to more crime; with harsher punishments as the only response.

The problem of justice is as old as society itself. It has been subject to intense scrutiny by the best and brightest of minds for millennia. Existing systems have been put to the test century after century. They have been revised and reexamined over and over. They may still be far from perfect in an imperfect world. When it comes to determining guilt or innocence, they are however far superior to Scientology™ Justice.

When it comes to rehabilitation the Scientology™ Justice System has an edge. But that only works if the correct decision is arrived at first.

Scientology™ justice seems mainly concerned with keeping the members in line. It is designed to run a tight ship during tumultuous times, to keep critics and enemies at bay. It's a Martial law.

A Robe and a Wig

A small organization may do fine with less of a system. The old fashioned system with a rule book and the boss' word is law - without the wigs and robes of the legal profession - works most of the time just fine. When you hold up and publish arbitrary Findings as 'Justice' for all to see, you add insult to injury.

All I found, when I tried to take a close look at Scientology™ Justice - as separate from Scientology™ Ethics (described in the earlier article) - was an empty black robe and a powdered wig. They were draped over this document "Ethics Codes - Offenses and Penalties". The document stated the Commodore's Law.

Indirectly it insists upon being perfect. None of the offenses have ever been canceled nor revised. Nor have they been pinned down in clearer language. It's a permanent Military law and in part Martial law.

The records of past Scientology™ ComEv's may exist somewhere in ring binders. But the idea of someone going through them to seek information (like the legal profession learning from precedents) would be interpreted as a hostile act. To make it publicly available would be an unthinkable act of treason.

The odd part is, that such an openness would inevitably spawn a major change for the better. It would be "pulling the organizations withholds"; bringing all the reactive stuff out in the open so it could be clearly viewed and sorted out and lessons made part of the analytical mind of the group.

Neither the Findings of past ComEv's nor the Code itself have ever been subject to an independent review, because that could be classified as a 'suppressive act' or 'crime' according to a handful of clauses in the very Code itself. The Code protects its own survival. The Code itself will supposedly never be revised nor cancelled - as only the Commodore himself can do that - and he is no more available.

The Way Out is the Way Through

In a sense we are staring the reactive mind of the group right into its eyes. All the laws of irrationality, old survival solutions and self preservation, pain and unconsciousness, 'I'm right and You are wrong' etc. are easy to recognize. As a trained auditor that fascinates me. I know 'the way out is the way through'. I really care about this 'PC'. I know he is basically good. I know his great potential and his basic desire to be the ultimate in help. I also know that I have found something hot, hot! I wouldn't be a bit surprised if I saw a Rock Slam or two turn on while trying to take it all apart.

When we process this area the sparks will fly. All kinds of skeletons will be found in the closet. Atrocities beyond belief may turn up.

But if we can stand our ground and carry on the process a change will come about. Suddenly this combative pc will get a blink in his eye and suppress a little smile. After a few more battles he may just crack up and start laughing uncontrollable. And that is, when we know we are done!

That is why I boldly exert my "inalienable right to think freely, to talk freely, to write freely my own opinions and to counter or utter or write upon the opinions of others."

And I hope you will too!

Sincerely,
Holy Cow!

Post Script

It can be looked at as a matter of it's time to grow up. I do admire the orgs and staff for all the hard work they have put in for little pay and sometimes enduring "tough justice".
But at some point you got to abolish Martial law and get up in Normal Operation. It's the old riddle: Do the Ends justify the means?
You can argue, it may in a condition of Danger where you for a limited time bypass and handle. (Just like military law is different in war times). If you forget it was in a Danger condition you are in for a long downward slide.
As the Code is written you have a permanent bypass of the Creed.
That's got to spell disaster!

Holy Cow

Holy Cow Rundown, Action (6):

Study the article and the appendix with
encyclopedia references.

Print out the table:
(Link to empty table - printable version)
Disregard the statements already made by
the author about each Clause of the Code.

Instead, make your own assessment, step by step,
on the print out table
- with examples and comments

Go to the related Article:
Ethica and his Evil Twin, Justin

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we understand that we don't need a whole government apparatus to take care of business on a group level.

the Military justice system is known to be working like a low budget court system and does it quite well

the Scientology™ 'Death penalty' is the dreaded SP declare (ex-communication) - the point of no return.

.

The Scientology™ Justice system is, unfortunately, quite well known for it's 'One stop Justice'.

There is no 'Burden of Proof' they have to worry about. The members just have to do the inquiry and agree on what they choose to believe and get Convening Authority's approval

There are no policy guaranteeing him time to prepare a defense, nor any other solid rules in place to guarantee a fair trial. He is at their mercy.

the Committee is a panel of peers and usually very much influenced by the Convening Authority, who typically is a senior executive in the same organization.

In the Common Law system you study a large number of earlier similar cases to understand the practicalities and right application of the law (Precedent).

Continental Europe uses the Roman Law tradition. It bases its judgment on clearly defined law paragraphs which (hopefully) in detail speaks to a case like the one at hand.

the Scientology™ Code above...
One example is 'Mutiny'; that's the totality of that clause: "Mutiny". You need just look it up in a common dictionary before you hang the guys.

With so many flagrant breaches of basics of any reasonable Justice system, it's no wonder that "Man can not be trusted with Justice".

rehabilitation...

Hubbard was on his own turf here, you may say: In the field of rehabilitation, personal improvement and higher states of being and conduct.

You have the situation, where the truth of Brother Ethica and the Ethics system feeds power to the Evil Twin, Justin.

The Scientology™ Justice system seems more like a robe and a wig, that are put on to make it impersonal and to impress the defendant into submission.

The officers can wash their hands. This tradition injects respect, fear and Ethics Presence into the very idea of a court.

The Commodore's law is written by a writer and researcher, who passionately wanted to assert the validity of his own works and teachings.

In a way it's a document with a lot of color, personality and passion. Not exactly the typical law book text.

...It doesn't mean that I have sold out my 'Inalienable Rights' nor agreed to subject myself to Martial law eternally.

This passion and his games condition with any opposition is now institutionalized.

"The dreamer of dreams and the user of flogs on lazy backs cannot be encompassed in the same man"

If Scientology's Goals of 'A world without crime' etc. are to be taken seriously, it must include a Justice system that embraces the best of the existing ones.

If you set basic rights aside, you are likely to start a vendetta - an overt-motivator sequence.   "Injustice" often leads to more crime; with harsher punishments as the only response.

When it comes to determining guilt or innocence, they are however far superior to Scientology™ Justice.

When it comes to rehabilitation the Scientology™ Justice System has an edge.

The old fashioned system with a rule book and the boss' word is law works most of the time just fine. When you hold up and publish arbitrary Findings as 'Justice' for all to see, you add insult to injury.

None of the offenses have ever been canceled nor revised. Nor have they been pinned down in clearer language. It's a permanent Military law and in part Martial law.

The odd part is, that such an openness would inevitably spawn a major change for the better.

The Code protects its own survival. The Code itself will supposedly never be revised nor cancelled - as only the Commodore himself can do that - and he is no more available.

In a sense we are staring the reactive mind of the group right into its eyes.

As a trained auditor that fascinates me. I know 'the way out is the way through'.

When we process this area the sparks will fly. All kinds of skeletons will be found in the closet. Atrocities beyond belief may turn up.

That is why I boldly exert my "inalienable right to think freely, to talk freely, to write freely my own opinions and to counter or utter or write upon the opinions of others."

And I hope you will too!

Glossary:

Civil Law (Britannica Concise)

Body of law developed from Roman law and used in continental Europe and most former colonies of European nations, incl. the province of Quebec and the state of Louisiana. The most significant codifications of modern civil law were the French (Napoleonic Code, 1804) and the German. The basis of law in civil-law jurisdictions is statute, not custom; civil law is thus to be distinguished from common law. In civil law, judges apply principles embodied in statutes, or law codes, rather than turning to case precedent. French civil law formed the basis of the legal systems of The Netherlands, Belgium, Luxembourg, Italy, Spain, most of France's former possessions overseas, and many Latin-Amer. countries. German civil law prevailed in Austria, Switzerland, the Scandinavian countries, and certain countries outside Europe, such as Japan, that westernized their legal systems. The term is also used to distinguish the law that applies to private rights from the law that applies to criminal matters. See also criminal law, tort.

Common Law (Britannica Concise)

Body of law based on custom and general principles and that, embodied in case law, serves as precedent or is applied to situations not covered by statute. Under the common-law system, when a court decides and reports its decision concerning a particular case, the case becomes part of the body of law and can be used in later cases involving similar matters. This use of precedents is known as stare decisis. Common law has been administered in the courts of England since the Middle Ages; it is also found in the U.S. and in most of the British Commonwealth. It is distinguished from civil law.

Law Code

Systematic compilation of law or legal principles. The oldest extant fragments of a code are tablets from the ancient city of Ebla dating to c.2400 BC. The best-known ancient code is that of Hammurabi. Roman legal records began in the 5th cent. BC, but the first formal codification was ordered by Justinian I in the 6th cent. AD. In the Middle Ages and into the modern era, only local or provincial compilations were attempted. The first major national code was the Napoleonic Code, followed by the German, Swiss, and Japanese codes. In common-law countries such as England and the U.S., law codes have traditionally been less important than the record of judicial decisions, or precedents, but in the 20th cent. major codifications have been completed (e.g., the U.S. Code, the Uniform Commercial Code). See also civil law.

Criminal Law

Body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected offenders, and fixes punishment for convicted persons. Criminal offenses are those construed as being against the state. Substantive criminal law defines crimes, and procedural law establishes procedure for the prosecution of crime. Today's substantive criminal law originated for the most part in common law, which was later codified in federal and state statutes. Modern criminal law has been affected considerably by the social sciences, especially with respect to sentencing, legal research, legislation, and rehabilitation. See also criminology.

Constitution (Britannica Concise)

Set of doctrines and practices that form the fundamental organizing principle of a political state. It may be written (e.g., the Constitution of the U.S.) or partly written and uncodified (e.g., Britain's constitution). Its provisions usually specify how the government is to be organized, what rights it shall have, and what rights shall be retained by the people. Modern constitutional ideas developed during the Enlightenment, when such philosophers as T. Hobbes, J.-J. Rousseau, and J. Locke proposed that constitutional governments should be stable, adaptable, accountable, and open, should represent the governed, and should divide power according to its purpose. The oldest constitution still in force is that of the state of Massachusetts (1780). See also social contract.   (Back to article)

Court Martial (Britannica Concise)
Military court for hearing charges brought against members of the armed forces or others within its jurisdiction; also, the legal proceeding of such a court. Most countries today have military codes of justice administered by military courts, often subject to civilian appellate review. Courts-martial are generally convened as ad hoc courts to try one or more cases referred by some high military authority. The convening officer chooses officers, and sometimes enlisted personnel, from his or her command to sit on the court, determine guilt or innocence, and hand down sentences. See also military law. (Back to article)

Emergency Power (based on Britannica Concise)

A government can (as part of its constitution) retain great powers, incl. emergency powers to curb freedom of the press and freedom of association, and other Freedoms usually guaranteed by its constitution. It can declare a situation for an emergency and exercise the emergency powers under such a constitution. (France 1795, Year III, is an example).
(Back to article)

Martial law (Britannica Concise)

Temporary rule of a designated area by military authorities in time of emergency when the civil authorities are deemed unable to function. Under martial law, civil rights are usually suspended and the activities of civil courts restricted or supplanted entirely by military tribunals. Its application is limited primarily by international law and the conventions of civilized warfare. See also human rights, war crimes. (Back to article)

Military law (Britannica Concise)

Law prescribed by statute for governing the armed forces and their civilian employees. It in no way relieves military personnel of their obligations to their country's civil code or to the codes of international law. Mutiny, insubordination, desertion, misconduct, and other offenses injurious to military discipline constitute violations of military law; offenders may be subject to court-martial. Lesser offenses may be penalized summarily by a commanding officer (e.g., through the withdrawal of privileges or the cancellation of liberty). (Back to article)

ROCK, THE, 1. was something which we audited for and assessed out, meaning a shape of something which we could then run a process on. We at that time were running on the theory that it was the first object the fellow had made on the track. (SH Spec 83, 6612C06) 2. that which a person has used to reach people or things with and is determined in value by its creativeness or destructiveness. It is simply a reach and withdraw mechanism which makes a ridge and this causes the stick of the needle. The rock is an object not a significance. (HCOB 29 Jul 58)

ROCK SLAM, Symbol: 1. R/S. called a rock slam because it is a needle manifestation which is achieved when the auditor is approaching what we once called “the rock.” There's something earlier than the rock and that's a goal. It's a great deal of random needle motion occurring solely because of the current being set up amongst the items and identities a person has assumed in the progress of executing his or her goals. It could be called a goals slam which we will not call it. It's a thetan convulsing, and in the absence of a slamming needle you will very often find a convulsing body. A rock slam is a crisscross of currents which is throwing a thetan around . ( SH Spec 190, 6209C18) 2. a R/S or rock slam is defined as a crazy irregular slashing motion of the needle. It can be as narrow as one inch or more than a full dial in width, but it's crazy! It slams back and forth. It is actually quite startling to see one. It is very different from other meter phenomena. (HCOB 1 Nov 74) 3. that needle agitation which erratically covers more than three quarters of an inch on the E-meter dial. A rock slam is the response of an E-meter to the conflict between terminals and opposition terminals. It indicates a fight, an effort to individuate, an extreme games condition which in the absence of auditing would seek unsuccessfully to separate while attacking. As the pc's attention is guided to the items involved the games condition activates and is expressed on the meter as a ragged, frantic response. The wider the response the more recognizable (to the pc) is the reality of the games condition and the violence of the conflict. (HCOB 8 Nov 62) 4. as a meter representation, is the result of innumerable committed overts in a certain direction, and when you've got that certain direction isolated, that is to say the items against which the overts were committed isolated you then have of course a rock slam. (SH Spec 203, 6210C11) 5. a crazy, irregular, unequal, jerky motion of the needle narrow as one inch or as wide as three inches, happening several times a second. The needle goes crazy, slamming back and forth, narrowly, widely over on the left, over on the right, in a mad war dance or as if it were frantically trying to escape. It means hot terminal or hot anything in an assessment and takes precedence over a fall. (EME, p. 17) 6. this is the most difficult needle response to find or attain or preserve. And it is the most valuable in clearing. All rock slams result from a pair of items in opposition, one of which is a terminal, the other being an opposition terminal. It can exist in present time where the pc is the terminal and what the pc is faced with is the opposition terminal. (HCOB 8 Nov 62) 7. is the read of the rock vs. the opposition rock and every pair above them on the cycle of the GPM. It marks the path to the rock. (HCOB 6 Dec 62) 8. is a convulsion of the mind and can reflect as a convulsion of the body. (HCOB 19 Sept 62) 9. the rock slam is called a rock slam because it is a needle manifestation which is achieved when the auditor is approaching what we once called the rock. (SH Spec 190, 6209C18)



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