Cow - Justice Codes Examined

*My analysis of "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		Comments	Compared to	Grading
1	Knowing and repeated departures from standard technology, instructional procedures or policy.
2	Processing a known Potential Trouble Source or the family or adherents of a Suppressive Person or Group.
3	Auditor's Code breaks resulting in a disturbance of the preclear.
4	Failure to follow the Supervisor's Code resulting in disturbed students.
5	Issuing data or information to wrong grades or unauthorized persons or groups or issuing data or information broadly without authority.
6	Any staff auditor turning in an illegible report.
7	Any staff auditor attesting falsely to TA or falsely reporting the flattening of a process.
8	Any staff auditor running any process on any organization preclear that is not given in grade and level HCO Bulletins.
9	Any alteration or non-standard rendition of a process.
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.
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.
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?"
	GENERAL MISDEMEANORS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
13	Non-compliance.
14	Discourtesy.
15	Insubordination.
16	Mistakes resulting in financial or traffic loss.
17	Commissions or omissions resulting in loss of status or the punishment of a senior.
18	Neglect or gross errors resulting in the need to apply the Emergency Formula to their person, section, unit, department, organization, zone, or Division.
19	Continued association with squirrels.
20	Abuse or loss or damage of organization material.
21	Waste of organization material.
22	Waste of funds.
23	Alteration of senior policy or continued ignorance of.
24	Consistent and repeated failures to wear their hat regarding Dev-T.
25	Refusing an E-Meter Check.
26	Refusing auditing when ordered by a higher authority.
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
27	Disturbing a course or class.
28	Disrupting a meeting.
29	The discovery of their having an undisclosed criminal background in this lifetime.
30	The discovery of an undisclosed tenure in a mental hospital.
31	Omissions resulting in disrepute or financial loss.
32	Assisting the inadequacy or decline of income or traffic in a section, unit, department, organization, zone, or Division.
33	Failure to acknowledge, relay or comply with a direct and legal order from an executive staff member.
34	Misconduct.
35	„Unauthorized issue"; issuing material that does not have an authority for that purpose.
36	Contributing to a crime.
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.
	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.
39	Refusing to testify before a Committee of Evidence.
40	Showing contempt or disrespect to a Committee of Evidence when before it.
41	Destroying documents required by a Committee of Evidence or refusing to produce them.
42	Withholding evidence.
43	False swearing on a signed statement or form.
44	Impeding Ethics.
45	Refusing to serve on a Committee of Evidence.
46	Refusing to vote while a member of a Committee of Evidence.
	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.
48	Placing Scientology™ or Scientologists at risk.
49	Omissions or non-compliance requiring heavy intervention by seniors, consuming time and money, with Dev-T.
50	Failure or refusal to acknowledge, relay or execute a direct legal order from an International Board Member, or an assistant Board Member.
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.
52	Not directly reporting flagrant departures from International Board policy in a section, unit, department, organization, zone, or Division.
53	Being long absent from post while a senior executive without advising the Board Member of his or her Division.
54	Permitting a section, unit, department, organization, zone or Division to collapse
55	Not taking over as a deputy in a crisis not otherwise being handled.
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.
57	Refusal to accept penalties assigned in a recourse action.
58	Overworking an executive by ignoring one's duties.
59	Protecting a staff member guilty of a Crime or High Crime listed in this code.
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.
61	Condoning circumstances or offenses capable of bringing a course, section, unit, department, organization, zone or Division to a state of collapse.
62	Neglect or omission in safeguarding the copyrights, registered marks, trade marks, registered names of Scientology™.
63	Neglect of responsibilities resulting in catastrophe even when another manages to avert the final consequences.
	FINANCIAL CRIMES
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
64	Passing Organization students or preclears to outside auditors for private commission.
65	Taking an organization position to build up a private practice.
66	Taking private fees while on staff to audit outside preclears, run private courses, coach or audit students or organization preclears.
67	Embezzlement.
68	Taking commission from merchants
69	Reselling organization material for private gain.
70	Using an organization position to procure personal or non-Scientology™ funds or unusual favors from the public, a firm, student or preclear.
71	Making out or submitting or accepting false purchase orders.
72	Juggling accounts.
73	Illegally taking or possessing organization property.
74	Obtaining loans or money under false pretenses.
75	Pretending Scientology™ certificates, classifications or awards not actually held to obtain money or credit.
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)
77	Theft.
	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.
79	Receiving routine auditing other than that intended for the handling of a Potential Trouble Source, while being PTS.
80	Withholding from local Scientology™ executives that he or she is a Potential Trouble Source.
81	Failing to report a Potential Trouble Source to local HCO.
82	Using Scientology™ harmfully.
83	Not bringing a preclear up through the grades but overwhelming the preclear with high grades.
84	Processing or giving aid or comfort to a Suppressive Person or Group.
85	Issuing the data or information or instructional or administrative procedures without credit or falsely assigning credit for them to another.
86	Allying Scientology™ to a disrelated practice.
87	Harmful flagrant and continued Code Breaks resulting in important upsets.
88	Issuing any Scientology™ data under another name.
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.
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.
91	Any staff auditor reporting falsely verbally or in writing on an auditor's report.
92	A student falsely enrolling.
93	Putting HCO at risk of reputation by false attestation as a student or preclear.
94	Running a course without a checksheet.
95	Changing a checksheet on a student after it's issued to him.
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.
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.
98	A Potential Trouble Source knowingly permitting the Suppressive Person to be processed without advising the auditor or Scientology™ authorities.
	GENERAL CRIMES
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
99	Organizing or allowing a gathering or meeting of staff members or field auditors or the public to protest the orders of a senior.
100	Using a local Scientology™ title to set aside the orders or policies from the International Board.
101	Impersonating a Scientologist or staff member when not authorized.
102	Inciting to insubordination.
103	Instigating a local power push against a senior.
104	Spreading destructive rumors about senior Scientologists.
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)
106	Refusal to uphold discipline.
107	Getting another staff member disciplined by giving false reports about him or her.
108	Falsifying a communication from higher authority.
109	Falsifying a telex message or cable.
110	Causing a staff member to lose prestige or be disciplined by giving false reports.
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.
112	Willful loss or destruction of Scientology™ property.
113	Causing severe and disreputable disturbances resulting in disrepute.
114	Holding Scientology™ materials or policies up to ridicule, contempt or scorn.
115	Heckling a Scientology™ Supervisor or lecturer.
116	Falsely degrading an auditor's technical reputation.
117	Impersonating an executive staff member.
118	Condoning the suppression of the word „Scientology™" in its use or practice.
119	Mayhem.
120	Being a knowing accessory to a Suppressive Act.
	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™.
122	Testifying hostilely before state or public inquiries into Scientology™ to suppress it. (suppression of evidence)
123	Public statements against Scientology™ or Scientologists but not to Committees of Evidence duly convened.
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™.
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.
126	Writing anti-Scientology™ letters to the press or giving anti-Scientology™ or anti-Scientologist evidence to the press.
127	Testifying as a hostile witness against Scientology™ in public.
128	Being at the hire of anti-Scientology™ groups or persons.
129	Infiltrating a Scientology™ group or organization or staff to stir up discontent or protest at the instigation of hostile forces.
130	Mutiny.
131	Receiving money, favors or encouragement to suppress Scientology™ or Scientologists.
132	Publicly resigning staff or executive position in protest or with intent to suppress.
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
133	Theft or espionage for another group or government.
134	Pronouncing Scientologists guilty of the practice of standard Scientology™.
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.
136	Delivering up the person of a Scientologist without defense or protest to the demands of civil or criminal law.
137	Falsifying records that then imperil the liberty or safety of a Scientologist.
138	Knowingly giving false testimony to imperil a Scientologist.
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.
140	Spreading false tales to invalidate Clears.
141	Spreading libelous and slanderous statements about the alleged behavior of Clears.
142	First degree murder, arson, disintegration of persons or belongings.
	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.
144	Announcing departure from Scientology™ (but not by reason of leaving an organization, a location or situation or death).
145	Seeking to resign or leave courses or sessions and refusing to return despite normal efforts.
146	Resignation of all certificates, classifications and awards (but not posts or positions or locations).
147	Continued adherence to a group pronounced a Suppressive Group by the Hubbard Communications Office.
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).
149	Aiding or abetting a person demonstrably guilty of Suppressive Acts.
150	Dependency on other mental or philosophic procedures than Scientology™ (except medical or surgical) after certification, classification, or award.
151	Accepting treatment from a splinter group.
152	Continued membership in a divergent group.
153	Organizing a splinter group to use Scientology™ data or any part of it to distract people from standard Scientology™.
154	Organizing splinter groups to diverge from Scientology™ practices, still calling it Scientology™ or something else.
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.
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™".
	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.
158	Pretending to have an organization but have no technical personnel on staff in Tech or Qual.
	CRIMINAL ISSUE OF MATERIALS
Ref. No	Offense	Consti tutional?	Comments	Compared to	Grading
159	Public Dissemination of false or forbidden or dangerous data.
	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.