Open Access. Powered by Scholars. Published by Universities.®
- Keyword
Articles 1 - 2 of 2
Full-Text Articles in Law and Psychology
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Legal Psychology: Eyewitness Testimony--Jury Behavior, Michigan Law Review
Michigan Law Review
A Review of Legal Psychology: Eyewitness Testimony--Jury Behavior by L. Craig Parker
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Memory Restored Or Confabulated By Hypnosis—Is It Competent?, James E. Beaver
Seattle University Law Review
This article examines the scientific basis of hypnosis and concludes that previously hypnotized witnesses are incompetent to testify concerning matters discussed under hypnosis. Unbiased examination of scientific literature discloses that persons under hypnosis are highly motivated to please the hypnotist and therefore are likely to fantasize rather than accurately recall lost memories. After hypnosis these false impressions are fixed as true and the witness is unshakable on cross-examination. Therefore, the McCormick relevancy test is inadequate, and hypnosis tainted testimony, like other scientific evidence, must meet the stricter Frye standard before being presented to the finder of fact. Hypnosis presently does …