NCJ Number
89633
Journal
Houston Law Review Volume: 19 Issue: 4 Dated: (May 1982) Pages: 765-790
Date Published
1982
Length
26 pages
Annotation
In considering whether to admit hypnotically enhanced or induced testimony, the reliability of that evidence is the critical factor. This reliability is critical in three determinative issues: scientific acceptability, constitutionality, and degree of relative probative value of hypnotic evidence.
Abstract
The admissibility of scientific evidence is usually governed by the Frye test (whether such evidence has achieved general acceptance in the scientific community). In the hypnosis context, the Frye test usually is construed to require actual scientific accuracy rather than mere acceptance as a memory aid. As to constitutionality, it appears clear that if subjects can be given false facts under hypnosis and then pass a polygraph test, it is virtually impossible to cross-examine them effectively. Thus, given the defendant's inability to effectively cross-examine such witnesses, hypnotically enhanced testimony should not clear sixth amendment scrutiny. Moreover, the use of hypnotically enhanced testimony in a criminal setting should be held violative of the defendant's right to a fair trial and thus incontravention of the due process clause of the 14th amendment. Finally, the admission of hypnotically enhanced testimony will have a substantial prejudicial impact on the defendant. Any potential courtroom witness should be hypnotized only as a last resort. Once hypnotized, the witness' testimony should be excluded. A total of 190 case notes are cited.