In what circumstances have the prosecution failed to prove the reliability of hypnosis to restore the memory of a witness?

California, United States of America


The following excerpt is from People v. Shirley, 181 Cal.Rptr. 243, 31 Cal.3d 18 (Cal. 1982):

In State v. La Mountain (1980) 125 Ariz. 547, 611 P.2d 551, it was the prosecution that failed to prove the reliability of hypnosis used to restore a witness' recollection. The defendant was convicted of sexually assaulting a customer in a laundromat. At trial, two prosecution witnesses identified the defendant as the person who committed a similar assault in the same laundromat fifteen months earlier; one was the victim of that assault, and the other was a bystander who seized the assailant. Both witnesses, however, had been unable to identify the defendant from a photographic lineup until their memories were "refreshed" by hypnosis. The hypnotist was a deputy sheriff who had attended various law enforcement institutions giving instruction in hypnotism. He used a so-called "TV technique," asking the subject to visualize the events of the crime as if they were being played back on a videotape machine.

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