LANDMARK CASES IN FORENSIC PSYCHIATRY:
Hypnosis
State v. Hurd, 1980
Case Summary:
Sell was attacked by an unknown assailant. She subsequently underwent hypnosis by Dr. Spiegel in order to enhance recall; a detective was present.
During hypnosis, she was asked if the attacker was her ex-husband, Hurd, which she affirmed; after the session, she expressed doubt. The identification was suppressed in court due to concern that the identification was induced.
Dr. Orne, a hypnosis expert, testified for the defense about hypnosis and provided a list of safeguards
Court found hypnotically refreshed memory is admissible on a case by case basis, using Orne Criteria as safeguards for admissibility
Key Concepts:
Hypnotically-refreshed memory is admissible on a case-by-case basis.
Orne Safeguards
Hypnosis should be conducted by a psychiatrist or psychologist trained in hypnosis.
Professional must be independent of any party to the case.
Any information given to the professional by law enforcement must be in writing.
Professional should obtain a detailed description of facts from subject prior to hypnosis.
All contacts between professional and subject should be recorded; videotaping is preferred.
Only the professional and the subject should be present during session.