POSC 130g 1st Edition Lecture 13 Current Lecture Analyzing 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 case 2 3 critique of legal reasoning 1 3 what occurred after the effects Science v Religion How 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 impeachment Racusal rules of judicial conduct require judge to be unbiased Judge Kagon should step down as her role as a solicitor general conservatives want this Justice Clarence Thomas should step down because his wife was involved in a group that was opposed to Obama s health case liberals want this Tests Expert Witness 1 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 field 2 New Test US Federal Rules of Evidence Rule 702 a Whether the proposition can be tested empirically b Whether it has been tested c Whether the theory has a known or potential rate of failure d Whether the proposition has been subject to peer review e Whether there are standards for using the methodology f Whether the methodology is generally accepted Change in Structure 1 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 approaching science 3 Contrary to expectation Daubert facilitated use of novel testimony but impeded expert testimony in general Lawsuits 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 thing Reasons for joining cults 1 Individuals experience periods of depression and confusion 2 Young adults between meaningful attachments 3 cults provide clear meaning of life Life Within a cult 1 total obedience to leaders commands 2 devaluation of crucial reasoning 3 constant exhortation and chanting to arrive at exalted states 4 cutting off ties with family and friends 5 rigid moral worldview 6 regulation of sexual behavior diet and other bodily functions Part 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 cults 1 Methods of recruitment 2 Exploitation of members 3 Restrictions of members freedom 4 Retaliation against defecting members 5 Struggles with members family members who engage in rescue missions 6 Dubious fiscal practices 7 Death threats against investigative journalists 8 Discovery of weapon caches 9 Murder suicide example Jonestown in Guyana Aren t true about all groups but some groups follow it Litigation 1 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 the person 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 church 3 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 Case 1 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 Litigation a trial court discussed case on summary judgment said it should be dismissed because there are no facts in dispute b Court of Appeal state court affirmed based on first Amendment argument Judge Klien said it would be possible to accept that the two people didn t accept the teaching because of