CMH Forensic & Investigative Hypnosis 2 — Questions and Answers
Question 1: Which U.S. Supreme Court case most directly influenced restrictions on hypnotically refreshed testimony?
- Rock v. Arkansas (Correct answer)
- Miranda v. Arizona
- Daubert v. Merrell Dow
- Frye v. United States
Correct answer: Rock v. Arkansas
Rock v. Arkansas (1987) addressed a defendant's right to testify using hypnotically refreshed memory, leading to ongoing debate about admissibility standards.
Question 2: In forensic hypnosis, the 'memory hardening' phenomenon refers to:
- Increased resistance to counter-suggestion after hypnosis
- Improved retention of accurate memories over time
- A subject's growing certainty in hypnotically retrieved memories regardless of accuracy (Correct answer)
- The strengthening of true memories through repeated hypnotic sessions
Correct answer: A subject's growing certainty in hypnotically retrieved memories regardless of accuracy
Memory hardening occurs when a hypnotic subject becomes increasingly confident in recalled details—accurate or not—making cross-examination more difficult.
Question 3: Before conducting forensic hypnosis, a hypnotist should obtain a detailed pre-hypnosis interview primarily to:
- Build rapport and increase suggestibility
- Document the witness's original uncontaminated memory (Correct answer)
- Determine if the subject is a good hypnotic candidate
- Identify inconsistencies in the witness's story
Correct answer: Document the witness's original uncontaminated memory
A thorough pre-hypnosis interview documents what the witness already remembers, providing a baseline to compare with post-hypnosis recollections.
Question 4: Which professional organization has published guidelines stating that forensic hypnosis should only be conducted by specially trained professionals?
- American Psychological Association
- International Society of Hypnosis
- American Society of Clinical Hypnosis (Correct answer)
- National Board for Certified Clinical Hypnotherapists
Correct answer: American Society of Clinical Hypnosis
The American Society of Clinical Hypnosis (ASCH) has published forensic hypnosis guidelines emphasizing specialized training and procedural safeguards.
Question 5: A witness under investigative hypnosis begins confabulating details about a crime scene. The hypnotist should:
- Redirect with leading questions to recover accurate memories
- Allow the session to continue and sort accuracy later
- Note the confabulation and avoid reinforcing it with positive feedback (Correct answer)
- Immediately end the session and discard all findings
Correct answer: Note the confabulation and avoid reinforcing it with positive feedback
The hypnotist should note confabulated content without reinforcing it, maintaining neutrality to avoid further contaminating the witness's memory.
Question 6: The concept of 'source monitoring error' in forensic hypnosis refers to:
- A subject misidentifying the hypnotist as an authority figure
- A witness confusing the origin of a memory—whether it came from actual experience or suggestion (Correct answer)
- The investigator failing to document the hypnosis session source
- Errors introduced by poor audio or video recording during sessions
Correct answer: A witness confusing the origin of a memory—whether it came from actual experience or suggestion
Source monitoring error occurs when a person cannot distinguish whether a memory came from their own experience, a suggestion, or external information.
Question 7: In states where hypnotically refreshed testimony is inadmissible, an investigative hypnosis session is still most useful for:
- Qualifying a witness as a credible expert
- Generating investigative leads that can be independently verified (Correct answer)
- Replacing eyewitness testimony at trial
- Establishing legal precedent for future cases
Correct answer: Generating investigative leads that can be independently verified
Even when testimony is inadmissible, hypnosis may surface leads—names, locations, details—that investigators can then verify through independent evidence.
CMH Forensic & Investigative Hypnosis 2
Which U.S.
Supreme Court case most directly influenced restrictions on hypnotically refreshed testimony?