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Asked 2/11/2008

Hypnosis

Is information gathered from a person while the individual is hypnotized admissible in court?

 
 
 
 
 
Answers

Answer 1/8 - Submitted 2/16/2008

I think the best answer is - It depends... On the charges, is the hypnotized person the def, witness, pros...

 
 

Answer 2/8 - Submitted 2/17/2008

Unless the person signed a waiver saying that it could be used then no it can't. Because if a hypnotist can supposedly make you bark like a dog or quack like a chicken when under hypnosis why can't he make you say what he or someone else wants you to say.

 
 

Answer 3/8 - Submitted 2/17/2008

This particular situation concerns a lawsuit followed by a counter lawsuit steming from an auto accident nearly 3 years past. The defendant in the 1st lawsuit wants to use hypnosis of himself to help remember and clarify details as the accident occured. This information it is hoped will be recalled more accurately and less biased than information remembered in a fully concience state. In addiion to helping recall information for himself ,it is then hoped that it can also be used to support his case in both the defensive and offensive positions he will be occupying.
The question is will the judge allow this information in court. Perhaps it could be allowed if it is backed by notorized witnesses and a video taped session of the full event from start to finish? Can you answer this or can you direct me to someone who can. I am wandering if this situation has occured before and do rulings exist or is it in the end just up to the judge without other challenges.

 
 

Answer 4/8 - Submitted 2/18/2008

In some cases, hypnosis is used in court, but not often. Hypnosis is banned in some states and countries because it's not an exact science.

 
 

Answer 5/8 - Submitted 2/18/2008

You will have to check with your jursdiction. My mom is a hypnotherapist and in colorado if you sign a waver stating that your "testimony" will be able to be used in court. You have to take an oath and everything and the entire session will be played for the court from start to finish and the hypnotherapist also must testify that you were really in a state of hypnosis.

You can contact your county court to see if this sort of evidence is allowed and under what circumstances.

 
 

Answer 6/8 - Submitted 2/18/2008

Yea, i'd have to say it depends too.

that would be a really good question for your lawyer in this case.

 
 

Answer 7/8 - Submitted 2/18/2008

The state is Kansas and thank you all very much.

 
 

Answer 8/8 - Submitted 12/10/2010

Generally, hypnosis CAN NOT be used in court because of the possiblity of suggestions being made by the hypnotist, it is possible to create false memories. There were many cases where false memory syndrome (FMS) was found to be the occurrnce in several cases that adults and children claimed to be molested or otherwise abuse by their parents or others. In fact, it was found that the hypnotist asked leading questions and therefore suggested or impanted the idea. Dr. John F. Kihlstrom, PhD. Describes "False Memory Syndrome" as a condition that results when the memory is distorted or confabulated so that a person's identity and interpersonal relationships are centered around a memory of a traumatic experience or experiences which are false but in which the person strongly believes.

 
 
 
 
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