NCJ Number
83060
Journal
Canadian Criminology Forum Volume: 4 Issue: 2 Dated: (Spring 1982) Pages: 103-114
Date Published
1981
Length
12 pages
Annotation
Literature on the nature of hypnosis and hypnotic recall is reviewed, and the current state of Candian law on forensic hypnosis is examined in the context of each stage of criminal justice processing.
Abstract
As a means of eliciting accurate information which might otherwise be inaccessible, hypnosis has been used in Canada at the preliminary investigation stage, with witnesses and the accused at the pretrial stage, and in the courtroom itself. On the one hand, Canadian courts have been careful to apply rigorous evidential standards in determining the admissibility of statements obtained through pretrial hypnosis. On the other hand, the courts have been sufficiently progressive in outlook to permit an experimental use of hypnosis in the courtroom itself. As the popularity of hypnosis as an investigative tool continues to grow among Canadian police forces, an increase in the incidence of cases in which the prosecution will seek to use hypnotically obtained statements is inevitable. Until more is known about the interface between hypnosis and recall, caution should be exercised in the forensic context, and there should be a continuing evaluation of the reliability of statements obtained during hypnosis and in the posthypnotic state. To preempt the possible abuses which could occur, judicial guidelines for the use of hypnotically obtained information, as well as posthypnotic information, should be developed as soon as possible. Five notes and 23 references are provided.