Page 71 - Forensic News Journal Jan Feb 2018

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

as an investigative tool. was not valid. Further- on the opposing side.

more, he stated that the This “expert” must go
Still until 1987 there was interview was conducted up against corroborating
no consistency among without undue suggestibil- evidence to the contrary.

state courts nationwide. ity and that the testimony According to Dr. Martin
Courts normally used the had been corroborated by Reiser of the LAPD Be-

Frye Test to avoid accept- other evidence. Gener- havior Science Services
ing such testimony. That ally, the Rock ruling and unit, a study hypnotically
year the U.S. Supreme subsequent case law states refreshed memory showed

Court ruled in the Rock that hypnosis interviews that 80% of the cases in
case that the Arkansas do not necessarily create a which this technique was

Supreme Court was wrong greater risk of confabula- used provided new infor-
for excluding hypnoti- tions than other types of mation which led to either
interviews and inter- a conviction or opened up

rogation. substantially new avenues
for investigation.

Currently every
state in the U.S. ac- Of course, I take great
cepts hypnotically exception to David My-

refreshed memories ers psychology textbook,
provided that the in- which states that forensic

terview is conducted hypnosis is out of favor.
cally refreshed testimony by a trained investigator, Based upon the informa-
as their action “infringed who is careful to avoid tion that I’ve presented

on criminal defendant’s any techniques which here (and extensive re-
right to testify on her own may create a condition of search that I have con-

behalf.” Specifically, they suggestibility. Such inter- ducted) Myers is totally
cited that such testimony views must be video re- incorrect in his statements.
has the support of the corded, “head to foot” and Last week I had breakfast

Fourteenth Amendment, “hello to good bye.” Rules with Marx Howell while
the Sixth Amendment, are clearly laid out in post I was at a conference in

and the Fifth Amendment. Rock case law and even in Newport Beach, CA. A re-
In the majority opinion, a Texas statute. Generally, tired Texas Ranger, a stu-
Justice Blackmon stated the role of the psycholo- dent of Dr. Reiser, and the

the Arkansas per se rul- gist has been relegated to head investigator handling
ing against such testimony being the “expert witness” the Branch Davidian mas-

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