Hypnotically Refreshed Testimony: Enhanced Memory Or Tampering with Evidence?

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DIANE Publishing, 1985 - 67 pages
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Page 11 - The village smithy stands; The smith, a mighty man is he, With large and sinewy hands; And the muscles of his brawny arms Are strong as iron bands. His hair is crisp, and black, and long, His face is like the tan; His brow is wet with honest sweat, He earns whate'er he can, And looks the whole world in the face, For he owes not any man.
Page 16 - The hypnotic suggestion to relive a past event, particularly when accompanied by questions about specific details, puts pressure on the subject to provide information for which few, if any, actual memories are available. This situation may jog the subject's memory and produce some increased recall, but it will also cause him to fill in details that are plausible but consist of memories or fantasies from other times. It is extremely difficult to know which aspects of hypnotically aided recall are...
Page 40 - we hold that testimony enhanced through hypnosis is admissible in a criminal trial if the trial court finds that the use of hypnosis in the particular case was reasonably likely to result in recall comparable in accuracy to normal human memory
Page 34 - And even though what occurred was very traumatic, the subject watching the TV documentary will be able to remain calm and relaxed, feeling detached from what is happening on the television set. The subject will be observing it as a reporter, covering an event to be written up accurately for a news story. (Reiser, 1980, p. 159) Proponents of the television technique tend to believe that, in addition to the usual conscious memory, all sensory inputs are continuously recorded by the "subconscious mind...
Page 44 - ... the hypnotic session. This is important because it is all too easy for observers to inadvertently communicate to the subject what they expect, what they are startled by, or what they are disappointed by. If either the prosecution or the defense wish to observe the hypnotic session, they may do so without jeopardizing the integrity of the session through a one-way screen or on a television monitor. 4. Because the interactions which have preceded the hypnotic session may well have a profound effect...
Page 47 - Without a complete and adequate electronic record of all interactions between a therapist and patient, it would be totally inappropriate to permit an individual to testify on the basis of recollections that occurred during a therapeutic hypnosis session.
Page 8 - ... profoundly alter some aspects of the subjects' behavior and experience (London and Fuhrer 1961). Thus, there is a strong expectancy that hypnosis will facilitate recall. Subjects in the hypnotic situation feel relaxed and less responsible for what they say since they believe that the hypnotist is both an expert and somehow in control. The hypnotist in turn makes certain that subjects cannot "fail.
Page 16 - Subjects will use prior information and cues in an inconsistent and unpredictable fashion; in some instances such information is incorporated in what is confabulated, while in others the hypnotic recall may be virtually unaffected.

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