Hypnosis in the Forensic Arena

Abstract

In this article we review the literature on hypnosis and memory, and we argue that there is no firm empirical rationale to use hypnosis or aggressive procedures in psychotherapy to excavate memories. Following a review of various legal positions taken with respect to the use of hypnotically elicited testimony in the courtroom, and a review of the available evidence on hypnosis in the forensic context, the overriding conclusion warranted by the literature is that, as a general rule, hypnosis should not be used to assist recall in forensic situations. However, in very rare cases, the use of hypnosis may be justified, after careful consideration of the risk and benefits of the use of hypnosis. Because hypnosis does not inevitably corrupt memory, a broad per se exclusion rule, which invariably bans a person from testifying about nonhypnotic recollections documented prior to hypnosis, may be unduly restrictive in exceptional cases.

Key Words:

• Forensic
• hypnosis
• memories
• memory therapy
• memory recovery