Page 70 - Forensic News Journal Jan Feb 2018
P. 70

The Validity of Eyewitness Accounts - What You See is What You Think!

        of forensic hypnosis. In-            venient to throw hypnoti-            between clinical psycholo-

        deed, even today there are  cally enhanced testimony                      gists and forensic hyp-
        several respected clinical           citing the Frye Test, which  notists still exists. One
        psychologists who have               is used to prevent the               charge the psychologists

        added their voices to the            admissibility of polygraph  make is that forensic hyp-
        skeptics. Unfortunately,             test results. The Frye test          notists are usually ill-

        some of my classmates                was used to lump hypno-              equipped to handle abre-
        have seen some of these              sis as “new and unproven             actions. To the contrary,
        articles and come to the             technologies.” The ques-             the truth is that most of the

        unfounded opinion that               tion of confabulations was  hypnotists are police offi-
        hypnotically refreshed               not directly ruled upon.             cers who routinely handle

        memories are inaccurate                                                   more abreactions in a year
        (as compared to other                Another factor was that              than most psychologists
        memories) and therefore              the clinical psycholo-

        inadmissible in the courts.  gists were ruining
        Unfortunately, this is far           hypnotic interviews

        from being true.                     because they had a
                                             difficulty differentiat-
        After the 1950’s there was  ing between therapy

        a trend for courts to reject  and a forensic in-
        hypnotically refreshed               terrogation. There

        memories. Basically, they  were several cases
        first misunderstood hyp-             in a row in Alabama, for             do in a whole career. Nev-
        nosis. Until the late 1950’s  instance, where such tes-                   ertheless, I attribute much

        when the American Medi-              timonies were thrown out  of psychologists’ pseudo-
        cal Association and the              because the psycholo-                opinions against forensic

        American Psychological               gist used techniques that            hypnotist as due more to
        Association, hypnosis was  led the courts to feel like                    this professional rivalry
        the domain of stage opera- they were too suggestible.  than to scientifically de-

        tors and fringe medical              Therefore, once experi-              rived opinions.)
        and psychology practi-               enced police investigators

        tioners. When legitimate             began being trained as               Note that even in Alabama
        psychologists began per-             forensic hypnotists, the             while rejecting hypnoti-
        forming forensic hypnosis  trend towards accepting                        cally enhanced memories

        interviews, courts around            such testimony changed               for years, courts recog-
        the nation found it con-             drastically. (The rivalry            nized the use of hypnosis


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