Chapter 1 Introduction 1
Basic Conceptions of Hypnosis 1
Hypnosis and the Legal System 4
Chapter 2 Hypnosis as an Investigative or Discovery Procedure 9
The Extent of Hypnotic Investigation by Law-Enforcement Agencies 10
The Effectiveness of Investigative Hypnosis 11
The Uses of Hypnotic Investigations 13
The Types of Memory Impairment against which Hypnosis Has Been Utilized 16
The Principles of Memory and Forgetting 17
The Exact-Copy versus the Constructive Theory of Memory 29
Hypnotic Hypermnesia 31
Professional versus Police-Officer Hypnotists 35
Techniques of Investigative Hypnosis 39
Forensic Dangers of Hypnotic Investigation 43
Procedural Safeguards in the Use of Investigative Hypnosis 48
Chapter 3 The Admissibility of Hypnotically Influenced Testimony 59
The Relevant Rules of Evidence 59
Testimony under Hypnosis Offered as Substantive Proof 63
Testimony under Hypnosis Offered as the Basis of Expert Opinion 68
Pretrial Hypnosis to Refresh the Memory of Witnesses 72
Pretrial Hypnosis: Abuses, Safeguards, and the Discretion of the Court 90
Chapter 4 Hypnotic Confessions, Statements, and Admissions 99
Cases 105
Derivative Evidence 110
Polygraph and Truth Serum versus Hypnosis 112
Chapter 5 The Role of the Expert Witness 117
Chapter 6 Hypnosis and Crime 125
The Potential of Hypnosis for Criminal Purposes 125
Psychological Evidence 127
Cases of Hypnotically Effectuated Crimes 130
The Effect of Hypnosis on Criminal Liability 137
Chapter 7 The Regulation of Hypnosis 147
Typical Hypnosis Statutes 149
Medical Practice Acts and Psychology Statutes 150
Cases 152
Civil Misuse of Hypnosis 154
Chapter 8 Summary and Conclusions 157
Major Forensic Uses of Hypnosis 157
Minor Forensic Uses of Hypnosis 158
Forensic Misuses of Hypnosis 159
Dangers of Pretrial Hypnosis 160
The Current Status of Hypnotically Influenced Testimony 162
Current Issues in Forensic Hypnosis 163
Legal Glossary 171
Psychological Glossary 189
Table of Cases and Case Index 199
References and Bibliography 205
Name Index 223
Subject Index 229
About the Author 239