Forensic Hypnosis

Forensic hypnosis is used law enforcement for memory refresh, to help witnesses and victims recall events. The purpose is to elicit information from witnesses/victims to assist in finding other evidence to ensure the guilt/innocence of an individual.

Uses of Forensic Hypnosis:

Help police agencies with witnesses/victims event recall
Aid civil and criminal attorneys with clients/defendants in remembering events
Help people with repressed memories

Investigative vs. Therapeutic Hypnosis

Forensic Hypnosis Process versus Therapeutic

Therapeutic & Investigative hypnosis use similar techniques, yet they are not the same and are not conducted in the same manner. The investigative method focuses on what the person recalled before hypnosis. While the induction and deepening techniques are the same, during investigative hypnosis, you begin to interview the witness/victim by asking non-leading questions to gather information. Investigative hypnosis also mandates the use of audio and video recording of the entire session. In an investigative session, it is mandatory that all contact between the subject and the hypnotist be recorded from hello to goodbye.

If the proper procedural guidelines are not followed, the witness/victim post hypnosis recall may not be admissible in court. This may vary depending on the state in which you practice.

A great reading resource: Profile of an Investigative Hypnosis Interview by Marx Howell.

History of Cases

1894 – 1950: Used by defense attorneys (defense cases)
1894-California: Louise Worthingon – plead insanity due to hypnosis; committed adultery with a plumber, then married said plumber who left her, first husband bought her a pistol to defend herself. She shot the plumber and was convicted to 25 years. The case was reversed.
1878 – California vs. WW Royal: Physician prosecuted for rape of 16 year old of a friend. Sentenced to 15 years due to manipulation of the mind. The case was reversed.
1897 – People vs. Joseph Ebanks: Defendant claimed the trial judge erred by refusing to admit the testimony of an expert hypnotist. Ebanks stated he denied his guilt in trance. Courts ruled that hypnosis was inadmissible.
1905 – NC vs. William Exum: Exum charged with murder. Wife was hypnotized and set to testify.
WWI & WWII: Hypnosis used for PTSD
1959 – Cornell vs. Superior Court in San Diego: California Supreme Court granted the defense attorneys request to have his client examined by a hypnotist.
1959 – California vs. March: Defense stated another inmate hypnotized him into escaping.
1950′s: Police departments start using hypnosis for witness/victim recall.
1952 – NY vs. Leyra: Abuse case. 50 year old man accused of murdering his parents. Police used coercion and a physician who used relaxation, regression and sympathy to elicit a second confession. At trial, Leyra convicted. Supreme Court reversed based on mental coercion.
1967: Hypnosis begun to be used in Criminal Investigations.
1955: British Medical Association endorsed hypnosis as a therapeutic intervention.
1958: American Medical Association endorsed hypnosis as a therapeutic intervention.
1960: American Psychology Association endorsed hypnosis as a therapeutic intervention.
1962 – Ohio vs. Arthur Nebb: unreported case – there was a conviction, but it was not appealed. First reported instance in American law where a witness was permitted to be hypnotized in court.
1968 – Maryland vs. Harding: The first case where the government asked for a hypnotically refreshed testimony.
1970 – FL vs. Pitts: One defendant was hypnotized during a pre-trial hearing.
1976 – Chowchilla California: Defining case. Perpetrators stopped a school bus, kidnapped the driver and children and then buried them alive. The driver and kids dug themselves out to safety. Dr. William Kroger hypnotized the bus driver, Ed Ray, so he could recall the license plate numbers of the vans. Under hypnosis Ed Ray remembered enough of the letters and numbers to help the police in identifying the vans and solving the crime.
1977: Dr. Reiser founded the Society for Investigative & Forensic Hypnosis. He also founded the Law Enforcement Hypnosis Institute, Inc.
1980 – NJ vs. Hurd: Jane Sells attacked during the pre-dawn hours in her home while her husband slept on the couch. Under hypnosis, she revealed her attacker as her ex-husband. Charge ultimately dropped due to the behavior of the Dr and the Detective. New Jersey puts in Procedural Safeguards of Dr. Martin Orne.
1983 – State vs. Brown: Hypnosis used to help a 26 year old female recall details from being carjacked.
1987 – People vs. Romero: Use of ‘passive involvement hypnosis’ and defendant given immunity for what he might say. Romero’s conviction overturned.