Destructive Cults: A Legal Dilemma

AuthorRobert M. Rice
DOI10.1177/104398628700300303
Published date01 August 1987
Date01 August 1987
Subject MatterArticles
10
Destructive
Cults:
A
Legal
Dilemma
by
Robert
M.
Rice
ABSTRACT
This
paper
addresses
the
legal
problems
that
private
citizens
and
government
agencies
encounter
in
dealing
with
members
of
destructive
cult
groups.
The
first
amendment
constitutional
protections
afforded
these
groups
are
receiving
increased
scrutiny
as
allegations
of
unlawful
and
unethical
recruitment
practices
have
arisen.
Specifically
addressed
are
the
court
decisions
regarding
deprogramming
and
conservator/
protector
statutes
as
well
as
proposed
legislation
to
impose
informed
consent
requirements
on
cult
recruitment
practices.
A
major
issue
facing
American
legal
practitioners
today
is
litigation
involving
destructive
&dquo;cult&dquo;
religious
groups.
Many
of
these
cult
groups,
having
their
genesis
in
the
turbulent
1960’s
era,
have
continued
to
thrive
by
gathering
increased
financial
and
membership
assets,
as
well
as
developing
a
sophisticated
legal
expertise.
Incidents
of
cult
related
violence,
such
as
the
1978
Guyana
tragedy
involving
Jim
Jones’
People’s
Temple,
and
attempted
murder
of
an
attorney
by
placing
a
live
rattlesnake
in
his
mailbox
by
the
Syannon
Group
resulted
in
both
increased
media
attention
and
the
subsequent
public
awareness
of
cult
groups
in
general.
One
of
the
results
of
the
heightened
public
awareness
of
cult
groups
has
been
an
increase
in
legal
proceedings,
both
criminal
and
civil
in
nature,
which
have
been
brought
against
various
groups.
For
example,
in
1987,
The
Church
of
Scientology
was
held
liable
in
a
30
million
dollar
judgement
brought
by
a
former
group
member
alleging
harassment
and
fraud
(Savage
and
Sappell,
1987).
In
another
case,
the
Bhagwan
Shree
Rajneesh,
spiritual
leader
of
the
Ananda
Marga
group
based
in
Oregon,
was
ordered
deported
from
the
United
States.
This
was
in
November
of
1985

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