Admissibility of post-hypnotic testimony

Abstract

Successful investigations where hypnosis was used to aid witnesses recall details about a crime have made hypnosis a very popular and widely used investigative tool over the past 2 decades. Unfortunately, hypnosis is not an exact science, and for every success story attributable to the technique, there is an equally striking example of how hypnosis has failed to produce accurate results. Consequently, some courts are less than totally enamoured with hypnosis as a forensic tool and have significantly curtailed the usefulness of hypnosis in many jurisdictions. This article will identify the problems inherent in using hypnosis to enhance witness recall, discuss rules that state and federal courts have adopted to determine the admissibility of posthypnotic testimony, and suggest procedural safeguards to be implemented when using hypnosis as an investigative tool.