The Admissibility of Hypnotically Influenced Testimony

Abstract

The use of hypnosis has been in issue in several criminal and some civil cases since the turn of the century. Hypnosis has been defined both medically and judicially. Perhaps the most inclusive definition is one which is neither per se medical nor judicial: hypnosis is a sleeplike state that nevertheless permits a wide range of behavioral responses to stimulation. The scope of this article will be confined to the admissibility of testimony in which hypnosis has played a significant role. Hypnosis has most frequently played a role as a method to revive the recollection of a witness who has forgotten crucial events; to restore memory where the witness has no present conscious recollection at all of the events in question; to ascertain truth from a witness; to impeach witnesses; and to defend against a criminal charge. This article however, is limited to a discussion of the theories, statutes, and cases involving hypnosis which is induced without the use of drugs. Thus, the focal point will be man's influence over his fellow man and the resultant testimonial product. Hypnosis has been defined in a recent article as an increased state of suggestibility.; It is a mental state in which the subject is neither asleep nor unconscious, but is in a reduced state of consciousness. The amenability to suggestion corresponds to the depth of the hypnotic trance. Although primarily a medical technique, hypnosis has been transposed into judicial settings on occasion. The uses of hypnosis and the dangers of the method are discussed in the following sections.