Hypnosis Testimonials in Court: Annotated

Hypnosis Testimonials in Court:

Annotated Bibliography

Burrows, Graham D., et al. (2002). The International Handbook of Clinical Hypnosis.

New York: John Wiley & Sons, Inc. 245 pages

In this basic yet in-depth work, author Graham D. Burrows and other clinical researchers in the field of hypnosis explores a variety of professional clinical situations whose successes have been enhanced through the use of hypnosis. Burrows offers the reader a very practical approach to understanding the scientific aspects of hypnosis while also providing an entire range of psychological and physical treatments related to hypnosis.

Overall, this book provides an excellent introduction to the science of hypnosis and contains a chapter dedicated to hypnosis and its proper place in a court of law, both from defense and prosecutor viewpoints with the first in favor of hypnosis in court and the second against it. Interestingly, Burrows also includes a case study which demonstrates that the use of hypnosis testimony in a court of law often leads to very unexpected results in favor of the defense.

Khuns, Bradley. (1991). Hypnosis and the Law. Glendale, CA: Westwood Publishing

Company. 245 pages

In this highly-detailed work, author Bradley Khuns provides ten full chapters pertaining to how hypnosis is currently used in courts in the United States and Europe, where hypnosis testimonials appear to be more accepted and less scrutinized. Khuns calls hypnosis a "Tool for Justice" and supports its use in the courtroom for a variety of reasons; however, he also provides some counterpoints for hypnosis in the courtroom and points out that it does have its drawbacks.

Much like Burrow's handbook, the information provided by Khuns will help to create a solid understanding on how hypnosis may be used in the courtroom, especially related to testimony by a person who has undergone hypnosis in order to reveal hidden or forgotten facts. Khuns also offers some counter arguments against the use of hypnosis in the courtroom which will aid in arriving at a conclusive argument against its use.

Meehan, Eugene. (2007). "Criminal Law: Post-Hypnosis Evidence -- Similar Fact

Evidence." Supreme Court Law. Internet. Retrieved at http://www.supremecourtlaw.ca/lawletters/canadalawletters_pdfs/Feb07/english/feb01_07_e.a sp.

This website, created by Eugene Meehan, a specialist in criminal law for the Supreme Court of Canada, explores the case of R. Vs. Trochym which commenced on July 5, 2004. Basically, this case concerns the murder of a young girl whose alleged killer denied that he had moved the body before the police arrived, but with the testimony of a neighbor who had been hypnotized, the alleged killer was convicted of second-degree murder. However, the fact that the neighbor had been hypnotized was not brought to the attention of the defense; thus, the conviction was appealed and overturned.

One of the justices at this trial stated that the decisions at trial to admit post-hypnosis evidence and similar fact evidence constitutes errors of law that are neither harmless nor negligible. Clearly, the results of this trial serve as hard evidence that testimony based on hypnosis is very flawed which will help to further develop a strong argument against its use.

Niehaus, Joseph. (2000). Investigative Forensic Hypnosis. New York: CRC Press.

178 pgs.

This heavily-researched book by Joseph Niehaus explores a number of areas related to the use of hypnosis in the courtroom. Although hypnosis has come under much dissent in recent years, Niehaus points out that it can serve as a powerful tool when collecting information from witnesses and aids prosecutors by enabling the witness to recall forgotten details. Niehaus also provides a discussion on various applications, suggestibility, ethics, polygraph use and induction techniques.

In addition, Niehaus leads the reader through a step-by-step session and discusses ethics, court requirements and various techniques for successful investigative hypnosis. Despite the fact that Niehaus argues for the use of testimony based on hypnosis, he does divulge some information based on real cases which seems to contradict the use of testimony by a person who underwent hypnosis before the start of a trial.

Pettinati, Helen M., ed. (1998). Hypnosis and Memory. New York: Guilford Press.

215 pgs.

Since much of the testimony derived from a hypnosis session relies heavily upon repressed memories, Helen M. Pettinati advances the idea that hypnosis, if done under a very controlled clinical atmosphere, can be used successfully in the courtroom; however, she also maintains that hypnosis for testimonials is fraught with legal entanglements which may increase the chances of an innocent defendant being found guilty.

This work is one of the first to provide a comprehensive discussion of the conceptual and methodological foundations underlying studies of hypnosis and human memory. Thus, since it also provides the pros and cons of using hypnosis in the courtroom, a good, solid argument against its use can be derived from Pettinati's thorough investigative skills and knowledge.