POSC 130g 1st Edition Lecture 13 Current LectureAnalyzing the central legal issues in a court case; impact of the case; media coverage or if anyone tried to pass a law after; interest groups developed to change political institutions or public policy; what steps were taken in the after math of the case2/3: critique of legal reasoning, 1/3: what occurred after, the effectsScience v. ReligionHow do courts evaluate “scientific expertise”?How do courts define “religion”?Do courts privilege certain kinds of knowledge? judge behaved badly and filed a complaint against himself- sent an email about the president of the United States; clearly misconduct but does it rise to the level of impeachmentRacusal: rules of judicial conduct require judge to be unbiasedJudge Kagon should step down as her role as a solicitor general, conservatives want this; JusticeClarence Thomas should step down because his wife was involved in a group that was opposed to Obama’s health case, liberals want thisTests- Expert Witness1. Older Frye Test- from Frye v. US (DC Circuit 1923)- Whether evidence was based on sufficiently reliable research to have gained “widespread acceptance” in the field2. New Test- US Federal Rules of Evidence, Rule 702a. Whether the proposition can be tested empiricallyb. Whether it has been testedc. Whether the theory has a known or potential rate of failured. Whether the proposition has been subject to peer reviewe. Whether there are standards for using the methodology f. Whether the methodology is generally acceptedChange in Structure1. The Supreme Court adopts Rule 702 test Daubert v. Merrill Dow Pharmaceuticals (1993)2. Compare Frye and Daubert tests- Under Frye, the test applied to novel scientific techniques and “hard” science; Under Daubert, the definition of science encompassed “soft” science as well. Daubert case known around the world for the way of approachingscience. 3. Contrary to expectation, Daubert facilitated use of novel testimony but impeded expert testimony in generalLawsuits Involving “cults” or “new era religions” Webster’s definition of cult: “ A system for the cure of disease based on the dogma, tenets, or principles set forth by its promulgator to the exclusion of scientific experience or demonstration; great or excessive dedication to some person, idea, or organization; a religion or mystique regarded as spurious and unorthodox.”see as an American thingReasons for joining cults1. Individuals experience periods of depression and confusion2. Young adults between meaningful attachments3. cults provide clear “meaning of life” Life Within a cult1. total obedience to leaders’ commands2. devaluation of crucial reasoning3. constant exhortation and chanting to arrive at exalted states4. cutting off ties with family and friends5. rigid moral worldview6. regulation of sexual behavior, diet and other bodily functionsPart of argument in the litigation is that people claimed that they were defrauded and would never have joined these groups if they had been told in advance what was expected to do. Reasons for concern about cults1. Methods of recruitment2. Exploitation of members3. Restrictions of members’ freedom4. Retaliation against defecting members5. Struggles with members’ family members who engage in rescue missions6. Dubious fiscal practices7. Death threats against investigative journalists8. Discovery of weapon caches9. Murder suicide- example Jonestown in GuyanaAren’t true about all groups, but some groups follow itLitigation1. Larry Wollersheim lawsuit against Church of Scientology. Jury awarded $30 million in California but reduced subsequently to a few million- people are trying to pass laws that prohibit the existence of sects. He had been a member and tried to improve his health,intelligence, and success in business. He claimed that the church destroyed his business and when he became critical of the practices of the churches, the church sent people to destroy his credibility, etc. He said the church drove him to insanity. Hubbard- person may be deprived of property or injured of any means by scientologists; theperson may be tricked, lied to, or destroyed. The church claims it rescinded this policy, but some claim it was rescinded in name. 2. “fair game” doctrine- claimed he became fair game when he became critical of the church3. Role of science in the scientology case expert witness on “brainwashing”Dr. Margaret Singer- professor in department of psychiatry and psychology- took a course in propaganda and became interested in brain washing. She eventually became an expert on individuals who left cults and wanted to sue claiming they had been brainwashed. Can mind control be scientific? Molko/ Leal Case1. The facts- dinner party with the Creative Community Project and field trip, law suit against a church; Molko was in SF and tried to get a job in California, and was getting ready to take a California bar exam. Men came up to him saying they were from the Creative Community Project who was interested in environmental issues and the men said they were a group of professionals who live together and discuss world affairs. They asked if he wanted to come to dinner and was seated at the table. They showed a slideshow of a farm in Boonville- he went to Boonville with them and signed a form that had his name and address. He learned that the group derived its teaching from the Moon philosophy and it was the Unification church. There were daily buses that went back to SF, he learned it was the Moonies and stayed for several weeks. When he went back, he participated in the church activities and the church paid for him to take the bar exam, he was forcibly abducted by two people and was forced to give Moon beliefs up. Leal had similar case; tell her it’s the Creative Community Project, a group of women come up to her with the dinner, farm, same experience. She became a part of the Moonies but abducted by deprogrammers. They didn’t know they were Moonies until after joining. If they had known, they wouldn’t go. Dr Moon said it was a systematic manipulation of social influences. She said the potential recruit was manipulated to the extent that the person lost the capacity to exercise free will. deprogrammers- hired by parents to get their children back and give up the practices. 2. Litigationa. trial court discussed case on summary judgment, said it should be dismissed because there are no facts in disputeb.