Mind control
Mind control is a general term for a number of controversial theories proposing that an individual's thinking, behavior, emotions or decisions can, to a greater or lesser extent, be manipulated at will by outside sources.
Legal issues
Some persons have claimed a "brainwashing defense" for crimes committed while purportedly under mind control. In the cases of Patty Hearst, Steven Fishman and Lee Boyd Malvo the court rejected such defenses.
Related Topics:
Patty Hearst - Steven Fishman - Lee Boyd Malvo
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Also in the court cases against members of Aum Shinrikyo regarding the 1995 sarin gas attack on the Tokyo subway system the mind control defense was not a mitigating factor.
Related Topics:
Aum Shinrikyo - Sarin gas attack on the Tokyo subway
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Starting from the Fishman case (1990) (where a defendant accused of commercial fraud raised as a defense that he was not fully responsible since he was under the mind control of Scientology) American courts consistently rejected testimonies about mind control and manipulation, stating that these were not part of accepted mainline science according to the Frye Standard (Anthony & Robbins 1992: 5-29). Margaret Singer and her associate Richard Ofshe filed suits against the APA and the American Sociological Association (who had supported APA's 1987 statement) but they lost in 1993 and 1994.
Related Topics:
Fishman - Scientology - Science - Frye Standard - Margaret Singer
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The Frye standard has since been replaced by the Daubert standard and there have been to court cases where testimonies about mind control have been examined according to the Daubert standard.
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Some Civil suits where mind control was an issue, were, though, more effective:
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In the case of Wollersheim v. "Church" of Scientology of California" the court states church practices had been conducted in a coercive environment and so were not protected by religious freedom guarantees. Wollersheim was finally awarded $8 million in damages. (California appellate court, 2nd district, 7th division, Wollersheim v. "Church" of Scientology of California, Civ. No. B023193 Cal. Super. (1986)
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"During trial, Wollersheim's experts testified Scientology's "auditing" and "disconnect" practices constituted "brainwashing" and "thought reform" akin to what the Chinese and North Koreans practiced on American prisoners of war. A religious practice which takes place in the context of this level of coercion has less religious value than one the recipient engages in voluntarily. Even more significantly, it poses a greater threat to society to have coerced religious practices inflicted on its citizens." "Using its position as religious leader, the 'church' and its agents coerced Wollersheim into continuing auditing even though his sanity was repeatedly threatened by this practice... Thus there is adequate proof the religious practice in this instance caused real harm to the individual and the appellant's outrageous conduct caused that harm... 'Church' practices conducted in a coercive environment are not qualified to be voluntary religious practices entitled to first amendment religious freedom guarantees" http://www.factnet.org/letters/FACTNewsMay2002Wollersheim.html
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1993 the European Court of Human Rights upheld a Greek sentence against Kokkinakis, a member of Jehovah's Witnesses who had been sentence to prison and a fine for proselytizing, arguing that they had applied "unacceptable psychological techniques" akin to brainwashing. KOKKINAKIS v. GREECE (14307/88) ECHR 20 (25 May 1993) http://www.worldlii.org/eu/cases/ECHR/1993/20.html
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