The regulation and disciplinary procedures for priests can’t be constructed with blinders on. We 21st century Americans tend to be naïve ignoramuses when it comes to the place of the church in regards to other cultures, other nations and other eras. We assume that since America today has a pretty robust legal system with fairly good protections for accused peoples that this is the norm. Globally and historically speaking, that’s just ignorant wishful thinking!
For most of church history, civil government has been FAR more likely to be corrupt and downright evil than church bureaucracies. One needn’t even look far back in time to see it, either. John Paul II, for example, lived most of his life in an environment when priests were routinely arrested and disappeared on absurdly trumped up charges by the governments of the people they served. No wonder he wasn’t too keen on the idea that any unproven accusation ought to be enough to toss a priest out on his ear! Don’t kid yourself that that’s all in the past, either. It happens TODAY in China and many other nations still. This sort of thing MUST be planned for when establishing global canon law principles for the handling of complaints against priests.
Americans’ perceptions of the relative levels of corruption and wrongdoing in the church hierarchy are still warped by remnants of our bigoted WASP forefathers that shaped the culture of our country, including the spreading of the Black Legend about Catholicism (especially Spanish versions). Serious historians (secular ones, even) have come to realize that throughout history, the church leadership was generally more just and LESS corrupt than the civil states they coexisted within. Pick nearly any point in history before the 20th century and give the people there the choice to be tried before a church tribunal or a civil court and they’d pick the church one any day of the week. Even in the “Inquisition” eras! That’s how bad the state courts were.
On topic, it’s easy to ascribe nefarious motives to Catholicism’s unwillingness to place itself at the absolute mercy of the state for purposes of criminal justice. Viewed in the lens of history, recent self-protective scandals pale in comparison to the sorts of horrors nation states have imposed in the name of “justice systems” and warrant a canon law approach that prefers to keep discipline for sins and crimes in-house when warranted by circumstances. The challenge is to develop principles by which the state can be invited in as a check and balance when they’re shown worthy of that privilege, but not to allow that gesture to be exploited by those who despise the very nature of Catholicism (and boy are they out there!).