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Related Experiment Videos

Constitutional rights and hypnotically elicited testimony.

A W Newman1, J W Thompson

  • 1Forensic Studies, Arkansas Mental Health Research and Training Institute, Little Rock, USA. alan.newman@mail.state.ar.us

The Journal of the American Academy of Psychiatry and the Law
|April 22, 1999
PubMed
Summary

Hypnosis for eyewitness memory is often inadmissible in court due to reliability concerns. While some courts allow it under strict guidelines, its use remains controversial and legally restricted.

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Area of Science:

  • Forensic Psychology
  • Legal Psychology
  • Cognitive Psychology

Background:

  • Hypnosis was once popular for enhancing eyewitness memory.
  • Concerns about hypnosis's reliability have led to legal challenges.
  • Eyewitness testimony accuracy is crucial in legal proceedings.

Purpose of the Study:

  • To examine the legal admissibility of hypnotically elicited eyewitness testimony.
  • To review court rulings on the use of hypnosis in memory retrieval.
  • To understand the constitutional basis for admitting or excluding such testimony.

Main Methods:

  • Analysis of court decisions and legal precedents.
  • Review of psychological research on hypnosis and memory.
  • Examination of procedural guidelines for hypnotic interviews.

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Main Results:

  • Many courts deem hypnotically elicited testimony inadmissible.
  • Some jurisdictions permit testimony if strict procedural guidelines are met.
  • The U.S. Supreme Court affirmed a defendant's right to admit their own hypnotically elicited testimony.

Conclusions:

  • The legal landscape for hypnotically elicited testimony is complex and varies by jurisdiction.
  • Constitutional rights and concerns over testimony reliability shape admissibility.
  • Strict adherence to procedural safeguards is often required for admissibility.