Subject 6 - Forensic Hypnosis

Question 1

How are highly hypnotizable people prone to creating false memories in a forensic context?

Answer 1

because high hypnotizable people can create a very convincing internal environment; trying to not relive an event is suggesting a dissociation (like watching the event on a tv in which you can zoom in, to help see things), which could then lead to a false memory

Question 2

Is forensic hypnosis reliable?

Answer 2

Not always

Question 3

How long has forensic hypnosis been around for?

Answer 3

Since the 1970s

Question 4

Who can be investigated in a forensic hypnosis context?

Answer 4

Witnesses and victims

- not perpetrators because they still, even in hypnosis, have the willpower to deny the crime

Question 5

Describe the coercive power of hypnosis?

Answer 5

For example, a warmth hallucination

- could cause the hypnotist to convince someone to disrobe

Question 6

Define forensic hypnosis. What is it used for?

Answer 6

it is the use of hypnotic techniques with witnesses and victims of crime
- forensic hypnosis focuses on the potential hypermnesic effects of hypnosis

Question 7

What is the goal of forensic hypnosis?

Answer 7

To improve the recall of a person who experienced a traumatic event when memory is absent or fragmented
- hypnotized victims can potentially remember more

Question 8

What happens to memory when someone experiences a high level of anxiety?

Answer 8

The memory is blocked

Question 9

In regards to anxiety, what is the logic with using hypnosis to question victims?

Answer 9

If the stress is relieved, they might remember more (this is only true if the memory was blocked due to stress; if the memory wasn’t recorded, it’s useless)
- in real life (not in the lab) there can be a small increase in correct information because of a decrease in stress

Question 10

What is hypermnesia?

Answer 10

To remember more than one would in usual circumstances (“super” memory)

Question 11

Does hypnosis actually help people with recall?

Answer 11

No; it is not significantly better than repeated recall

Question 12

What happens when someone fills in the gaps in their memories?

Answer 12

This leads to an increased amount of false information (ex. like the mind fills in the blind spot in vision)

Question 13

What are the consequences to memory when hypnosis is used?

Answer 13

• memories crystallize whether the information was correct or not
• confidence in recalled information increases whether it was a true memory or not

Question 14

What is false recall?

Answer 14

The brain’s act of filling in missing information such that you believe in its truth

Question 15

Can we ever go back to the original memory?

Answer 15

No; every time we recall an event, it is changed such that the original is lost
- memories are a representation of the last time we thought about an event

Question 16

Why is cross-examination difficult after a participant has been hypnotized?

Answer 16

Because they are so confident in the details they recall, whether it was true information or not

Question 17

What is an honest liar?

Answer 17

Someone who truly believes their false memories

Question 18

How can we minimize the risk of false recall?

Answer 18

1. guidelines for using hypnosis
2. witnesses or victims cannot testify after being hypnotized (unless there is a pre-hypnotic testimony)
3. corroborate elicited information independently
4. use as a last-ditch effort (like in cold cases)

Question 19

What are the guidelines for the legal use of forensic hypnosis?

Answer 19

1. hypnotic interview should be conducted by a QUALIFIED professional
2. hypnotist must be an independent party
3. hypnotist should be given minimum amount of information required to conduct the interview
4. the entire interview should be videotaped
5. only the hypnotist and the subject should be present
6. interview pre-hypnosis should be conducted to determine medical history, including info about the use of drugs (since it affects memory)
7. hypnotist should ask for DETAILED description of event from the witness BEFORE hypnosis to see what they remember
8. hypnotist should be very careful in how questions are posed, because the wording can influence the witness and bias the interview

Question 20

Is hypnosis evidence admissible in court?

Answer 20

Most of the time no, because it doesn’t prevent confabulation and crystallization of memory

Question 21

What is voire-dire?

Answer 21

Expert must present his/her testimony before trial begins (to see if hypnosis can be used)

Question 22

What is confabulation?

Answer 22

Adding false information to a memory

Question 23

What is the first guideline for the use of forensic hypnosis?

Answer 23

the hypnotic interview should be done by a qualified professional

Question 24

What is the second guideline for the use of forensic hypnosis?

Answer 24

the hypnotist must be independent of the party who requires his services (otherwise he/she could bias the interview because of added information which would reduce objectivity)

Question 25

What is the third guideline for the use of forensic hypnosis?

Answer 25

The hypnotist should be given the minimum amount of information required to conduct the interview (this reduces the hypnotist’s influence)

Question 26

What is the fourth guideline for the use of forensic hypnosis?

Answer 26

The entire interview should be videotaped

Question 27

What is the fifth guideline for the use of forensic hypnosis?

Answer 27

Only the hypnotist and the subject should be present

Question 28

What is the sixth guideline for the use of forensic hypnosis?

Answer 28

An interview prior to hypnosis intervention should be conducted to determine medical history, including information about the use of drugs (which can affect memory)

Question 29

What is the seventh guideline for the use of forensic hypnosis?

Answer 29

The hypnotist should ask for a detailed description of the event from the witness prior to hypnosis to see what they remember
- this refreshes memory and gives consistency to testimony

Question 30

What is the eighth guideline for the use of forensic hypnosis?

Answer 30

The hypnotist must be very careful in how questions are posed to avoid unintentionally biasing the witness

Question 31

Is hypnosis admissible as evidence in court?

Answer 31

Not unless the guidelines have been followed, and never in the in the U.S.