Constitutional rights and hypnotically elicited testimony

  • Journal of the American Academy of Psychiatry and the Law Online
  • March 1999,
  • 27
  • (1)
  • 149-154;

Abstract

Despite the former popularity of hypnosis as a way of "improving" eyewitness memory, many courts almost always regard the use of this testimony to be inadmissible, whereas others allow it only when strict procedural guidelines have been followed. Although the U.S. Supreme Court recognized a defendant's constitutional right to admit his own hypnotically elicited testimony, others have recognized a constitutional basis to exclude hypnotically elicited testimony in most other circumstances.

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