NCJ Number
56970
Journal
Police Chief Volume: 46 Issue: 5 Dated: (MAY 1979) Pages: 65-70
Date Published
1979
Length
6 pages
Annotation
THIS ARTICLE EXAMINES THE TECHNIQUES OF HYPNOSIS THAT CAN BE USEFUL IN THE IMPROVEMENT OF MEMORY AND THE ENHANCEMENT OF THE CRIMINAL INVESTIGATION PROCESS. THE LEGAL IMPLICATIONS OF HYPNOSIS ARE DISCUSSED.
Abstract
THE RESIDENT HYPNOTIST OF THE HILLBOROUGH COUNTY SHERIFF'S DEPARTMENT, FLORIDA, DESCRIBES THE HUMAN MIND AS A TAPE RECORDER WITH ALL THINGS THAT A PERSON HAS SEEN AND HEARD STORED AWAY. THIS INFORMATION IS ACCESSIBLE THROUGH THE TECHNIQUES OF HYPNOSIS. IN A STATE OF HYPNOSIS, WITNESSES CAN BE RETURNED TO THE TIME OF THE EVENT AND INTERVIEWED ON ITS DETAILS, HOWEVER THEY WILL NOT ACT AGAINST THEIR WILL NOR REVEAL INFORMATION THAT THEY WOULD PREFER REMAIN PRIVATE. IF A SUBJECT IS IN A TRUE STATE OF HYPNOSIS AND WANTS TO ANSWER QUESTIONS, THEN THE TRUTH WILL LIKELY BE TOLD. FLORIDA STATUTES REGULATE THE USE OF HYPNOSIS AS A MEDICAL TECHNIQUE AND WOULD NOT SEEMINGLY APPLY TO POLICE INVESTIGATIONS, BUT LOCAL ORDINANCES SHOULD BE EXAMINED BEFORE HYPNOSIS IS USED. FLORIDA APPELLATE COURTS HAVE NOT BEEN CONVINCED OF THE RELIABILITY OF HYPNOSIS, AND TWICE HAVE REFUSED TO REVERSE CRIMINAL CONVICTIONS IN WHICH DEFENSE TESTIMONY OBTAINED THROUGH HYPNOSIS WAS EXCLUDED FROM THE TRIALS. IT IS RECOMMENDED THAT THE HYPNOTIST SHOULD INTERVIEW A WITNESS WITHOUT HYPNOSIS BEFORE AND AFTER INTERROGATION UNDER HYPNOSIS, THUS PROVIDING A TRIAL COURT WITH AN INDEPENDENT RECOLLECTION OF THE INCIDENT. SUGGESTIVE QUESTIONING SHOULD BE AVOIDED. ADDITIONAL PROCEDURES INCLUDE THE FREE CONSENT OF SUBJECTS TO BE HYPNOTIZED; PARENTAL CONSENT IF THE SUBJECTS ARE MINORS, DOCUMENTATION OF THE INTERVIEW BY THE HYPNOTIST; AND PRETESTING FOR HYPNOTIC SUSCEPTIBILITY. REFERENCES AND CASE CITATIONS ARE PROVIDED. (TWK).