Cultic Studies Journal, Vol. 12, No. 1, 1995, page 3
Cults in American Society:
A Legal Analysis of Undue Influence, Fraud, and Misrepresentation
Prepared for the American Family Foundation (AFF) and the
Cult Awareness Network by the American Bar Association’s
Commission on Mental and Physical Disability Law
Abstract
This report explores the meaning of the term cult explains the concepts of undue
influence, fraud, and misrepresentation reviews case law developments
concerning these concepts in cult contexts provides an extensive bibliography of
articles, books, and cases and includes an appendix addressing the changing
standards for admission of expert testimony in cult-related cases. The report
concludes that the current state of understanding of cultic groups is extremely
limited and, despite the evolution of judicial opinions regarding undue influence
and fraud and misrepresentation, strikingly little cross-fertilization has occurred.
Preface
Society‟s scrutiny of groups often regarded as “cults” seems ever more intense. Instead of
isolated incidents in remote locations involving unknown persons, we have become
increasingly accustomed to finding coverage of cults of many kinds, both religious and non-
religious, in our local papers and television reports. Cults are located where we live, and
involve people and places we know.
AFF and CAN recently offered the following definition of “cult” in a Congressional
statement:1
What We Mean by “Cult”
By “cult” we refer to psychologically manipulative groups that may be religious or
nonreligious (e.g., psychotherapy, political, or commercial). More specifically, a cult can be
defined as a group or movement that, to a significant degree,
(a) exhibits great or excessive devotion or dedication to some leadership, idea, or
thing, (b) uses a thought reform program to persuade, control, and socialize
members, (c) systematically induces states of psychological dependency in
members, (d) exploits members to advance the leadership‟s goals, and (e) causes
psychological harm to members, their families, and the community.
Cults need not be religious. The elements of deception, manipulation and blind devotion to
the leader can attach to other groups as well, such as certain self-improvement trainings or,
even, magazine-selling scams.
While society often initially rejects or may feel threatened by any new movement or group,
some new movements eventually become ingrained in our structure, even developing into
stabilizing forces in our society. Other movements, however, remain under continued critical
evaluation as their methods of gaining new membership and support invoke inquiry as
involving a degree of coercive persuasion beyond the level acceptable to many in society.
1 Joint Statement of AFF President Rosedale and CAN President Rehling at Oversight Hearings on Federal Law
Enforcement Actions Related to the Branch Davidian Compound in Waco, Texas, July 19, 1995, before
Subcommittee on Crime of the Committee on the Judiciary and Subcommittee on National Security, International
Affairs, and Criminal Justice of the Committee on Government Reform &Oversight, U.S. House of Representatives.
Cults in American Society:
A Legal Analysis of Undue Influence, Fraud, and Misrepresentation
Prepared for the American Family Foundation (AFF) and the
Cult Awareness Network by the American Bar Association’s
Commission on Mental and Physical Disability Law
Abstract
This report explores the meaning of the term cult explains the concepts of undue
influence, fraud, and misrepresentation reviews case law developments
concerning these concepts in cult contexts provides an extensive bibliography of
articles, books, and cases and includes an appendix addressing the changing
standards for admission of expert testimony in cult-related cases. The report
concludes that the current state of understanding of cultic groups is extremely
limited and, despite the evolution of judicial opinions regarding undue influence
and fraud and misrepresentation, strikingly little cross-fertilization has occurred.
Preface
Society‟s scrutiny of groups often regarded as “cults” seems ever more intense. Instead of
isolated incidents in remote locations involving unknown persons, we have become
increasingly accustomed to finding coverage of cults of many kinds, both religious and non-
religious, in our local papers and television reports. Cults are located where we live, and
involve people and places we know.
AFF and CAN recently offered the following definition of “cult” in a Congressional
statement:1
What We Mean by “Cult”
By “cult” we refer to psychologically manipulative groups that may be religious or
nonreligious (e.g., psychotherapy, political, or commercial). More specifically, a cult can be
defined as a group or movement that, to a significant degree,
(a) exhibits great or excessive devotion or dedication to some leadership, idea, or
thing, (b) uses a thought reform program to persuade, control, and socialize
members, (c) systematically induces states of psychological dependency in
members, (d) exploits members to advance the leadership‟s goals, and (e) causes
psychological harm to members, their families, and the community.
Cults need not be religious. The elements of deception, manipulation and blind devotion to
the leader can attach to other groups as well, such as certain self-improvement trainings or,
even, magazine-selling scams.
While society often initially rejects or may feel threatened by any new movement or group,
some new movements eventually become ingrained in our structure, even developing into
stabilizing forces in our society. Other movements, however, remain under continued critical
evaluation as their methods of gaining new membership and support invoke inquiry as
involving a degree of coercive persuasion beyond the level acceptable to many in society.
1 Joint Statement of AFF President Rosedale and CAN President Rehling at Oversight Hearings on Federal Law
Enforcement Actions Related to the Branch Davidian Compound in Waco, Texas, July 19, 1995, before
Subcommittee on Crime of the Committee on the Judiciary and Subcommittee on National Security, International
Affairs, and Criminal Justice of the Committee on Government Reform &Oversight, U.S. House of Representatives.
