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Criminal Procedure

Criminal procedure

Journal

Campbell University School of Law

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Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper Jan 1988

Criminal Procedure: The Admissibility Of A Criminal Defendant's Hypnotically Refreshed Testimony - Rock V. Arkansas, Audrey Cooper

Campbell Law Review

This Note discusses the nature and history of hypnosis and supports the Rock Court's holding as the correct approach. The procedural safeguards approach decreases risks associated with hypnosis that may adversely affect the reliability of a defendant's subsequent testimony and protects a defendant's constitutional right to testify in her own behalf. This approach allows a court to admit hypnotically enhanced testimony where there are indices that the testimony is reliable and advances our judicial system's search for the truth.