University of Baltimore Law Review


Law enforcement personnel have increasingly employed hypnotists to aid their criminal investigations. Under hypnosis, a witness who cannot remember a traumatic criminal encounter can be helped to resurrect the emotionally suppressed recall. Unfortunately, due to the inability of the hypnotic process to produce consistently reliable results, courts have expressed a reluctance to admit these memories into evidence. This comment examines how various jurisdictions have chosen to address the accuracy problems associated with hypno-enhanced memories. The article begins with a historical sketch of the treatment accorded hypnosis in related cases, and discusses the merit of each approach. Concluding that none of these judicial strategies has effectively resolved the issue, the author offers a novel approach aimed at finding a more appropriate resolution of the hypnosis controversy.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.