NCJ Number
118226
Journal
Missouri Law Review Volume: 53 Issue: 4 Dated: (Fall 1988) Pages: 823-837
Date Published
1988
Length
15 pages
Annotation
This note overviews the use of hypnosis in criminal proceedings in States comprising the Eighth Circuit Court of Appeals.
Abstract
States in the Eighth Circuit include Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota. The use of hypnosis in the Eighth Circuit is based on two decisions, Rock v. Arkansas and Little v. Armontrout. The Rock decision struck down an Arkansas rule which excluded hypnotically-refreshed testimony from any witness, while the Little decision held that Missouri's failure to provide an expert in hypnosis to assist an indigent defendant in preparing his defense violated the defendant's right to a fair trial. The analysis of both cases is accompanied by background information on the basis of hypnosis and on the use of hypnosis in the legal setting. It is concluded that both prosecutors and defense counsel must recognize the risks of hypnosis. Prosecutors must attack a defendant's testimony on the grounds it is unnecessary, uncorroborated, or suggestive; defense counsel must do the same with the prosecutor's evidence. Prosecuting attorneys must also learn to restrain local police or risk losing hypnotically-enhanced testimony. 137 references.