NCJ Number
112070
Journal
Journal of Juvenile Law Volume: 9 Issue: 1 Dated: (1985) Pages: 53-66
Date Published
1985
Length
14 pages
Annotation
Properly used, hypnosis can provide a tool for preparing the child witness for trial.
Abstract
Most jurisdictions currently allow the use of hypnosis to refresh recollection. The minority view is that hypnotically enhanced recall is inadmissable, and California has gone so far as to exclude previously hypnotized witnesses from further proceedings. The reason courts have excluded hypnotically recalled testimony is the fear that testimony will be tainted by suggestion. However, many standard techniques used with child witnesses are suggestive, and yet are accepted as standard practice. By following guidelines, it is possible to use hypnosis to enhance memory without injuring the search for truth or the judicial process. An expert hypnotist should be used who has little or no prior knowledge of the case. Testimony should be obtained through interview prior to hypnosis. The session and all contacts between the child and hypnotist should be videotaped, and other persons should be barred from the taping. Opposing counsel should be notified of the intended use of hypnosis and be given sufficient time for challenges and preparation. When hypnosis is rendered judicially sound by well-reasoned safeguards, there is no reason for its exclusion in the preparation of the child witness. 63 footnotes.