NCJ Number
43221
Journal
Detective Volume: 6 Issue: 2 Dated: (SPRING-SUMMER 1977) Pages: 9-15
Date Published
1977
Length
7 pages
Annotation
ISSUES RELATING TO THE USE OF HYPNOSIS IN LAW ENFORCEMENT AND COURTS ARE DISCUSSED.
Abstract
HYPNOSIS IS DEFINED AS A NORMAL ATTRIBUTE OF THE HUMAN MIND, AN 'EXTENSION OF CONCENTRATION OF THE MIND.' A HYPNOTIZED SUBJECT IS FULLY AWARE OF HIS FEELINGS, THOUGHTS, AND EVERYTHING THAT IS TAKING PLACE AROUND HIM; HOWEVER, THE PERSON'S SUBJECTIVE MIND IS BROUGHT TO THE FORE AND HE BECOMES MORE PRONE TO ACCEPT SUGGESTIONS. HYPNOSIS HAS A DEFINITE PLACE IN POLICE WORK, WHERE A SUBJECT IS ABLE TO RECALL DETAILS NORMALLY NOT OBTAINABLE BY INTERROGATION ALONE (E.G., TELEPHONE NUMBERS, LICENSE PLATES, OR REPRESSED DETAILS OF AN EMOTIONALLY CHARGED SITUATION). THE ARTICLE DISCUSSES TECHNIQUES TO DETERMINE IF A SUBJECT IS LYING UNDER HYPNOSIS (AUTOMATIC RESPONSE OR RAPID-FIRE QUESTIONING); INDUCING HYPNOSIS IN UNAWARE SUBJECTS (GUILTY SUBJECTS WILL OFTEN RESIST HYPNOSIS), AND HOW TO DETERMINE IF A SUBJECT IS 'FAKING' HYPNOSIS. HYPNOSIS AS AN AID TO THE POLYGRAPH EXPERT IN MINIMIZING OR ELIMINATING TENSION IN EXTREMELY NERVOUS SUBJECTS IS ALSO EXAMINED. THE USE OF HYPNOSIS CAN AID VICTIMS WITH PSYCHOLOGICALLY CAUSED AMNESIA; IT CAN ALSO BE USED TO RELIEVE WITNESS' NERVOUSNESS WHILE TESTIFYING IN COURT. THERE IS STILL STRONG DISAGREEMENT AMONG AUTHORITIES AS TO WHO SHOULD USE HYPNOSIS; FOR EXAMPLE, THE AMERICAN MEDICAL ASSOCIATION WOULD LIKE TO SEE ITS USE LIMITED TO THE MEDICAL AND DENTAL PROFESSION. UTILIZING LAY HYPNOTISTS IS VIEWED FAVORABLY, PROVIDED THEY HAVE RECEIVED COMPETENT AND ETHICAL INSTRUCTION. SEVERAL AUTHORITIES IN THE FIELD CONDUCT INSTRUCTIONS IN HYPNOSIS FOR POLICE AND LAWYERS. THE ARTICLE EXAMINES QUESTIONS RELATING TO CRIMINAL CASES INVOLVING HYPNOSIS IN AMERICAN COURTS AND RECOMMENDS THAT HYPNOSIS BE USED IN LAW ENFORCEMENT ONLY UNDER THE DIRECTION OF TRAINED MEDICAL DOCTORS.