Forensic Hypnosis
FORENSIC HYPNOSIS -V -THERAPEUTIC
HYPNOSIS
By Inspector Marx Howell, BS (Ret.)
While there are a number of similarities between the application of
investigative and therapeutic hypnosis, there are distinct and important
differences. This article will delineate the salient factors associated with
both approaches.
Initial Interview
The initial interview, rapport building and evaluation of the witness/victim or
client/patient are similar but an investigative session is more demanding
regarding the keeping of records. In an investigative session, it is imperative
that all contact between the witness/victim and the hypnotist be audio and/or
video recorded. While most, if not all clinicians, keep a patient file and
records of contact, there is no compelling reason, in most cases, to keep an
audio and/or video record of all patient contacts.
Induction
The induction phase of the sessions could be the same in both therapeutic and
investigative application. It is recommended that a standard induction, such as
progressive relaxation be used in a forensic session and this is also commonly
used in therapeutic sessions. Esoteric and “showy” rapid inductions are not
recommended for investigative sessions. You need to remember that everything you
say and do is being recorded and may be viewed by a jury. You may also be
required to explain why you did what you did at any given time during the
session. The same thing holds true regarding the use of deepening techniques.
There is no reason that deepening techniques can not be used in a forensic
session; however, if such techniques are employed, they should involve counting,
silence or other common and straight forward approaches as opposed to pressure
techniques, which may be subject to misinterpretation as wittingly or
unwittingly cueing the witness/victim. This admonition is also true regarding
the use of depth scales and challenges. As a general rule, permissive techniques
are preferred over authoritarian ones in a forensic session.
Purpose of Session
The purpose of a forensic session is to refresh the subject’s memory. The
purpose of a therapeutic session is to assist the patient/client in resolving
conflicts and achieving therapeutic goals. In an investigative session it is
imperative that you use neutral non-leading questions and do not contaminate the
subject’s memory. Clinicians are typically not accustomed to this approach and
thus may resort to using their clinical skills during the session. This is, of
course, the right thing to do in a therapeutic session, but the wrong thing to
do in a forensic session. This is the portion of the procedure that holds the
most risk for the integrity of the hypnotic interview. If the proper procedural
guidelines (See Zani for Texas) are not followed, the witness/victim post
hypnosis recall may not be admissible in court regarding their recollections of
the crime. This may vary depending upon the state in which you practice.
The de-hypnotizing (wake up/re-alerting) portion of the therapeutic and
investigative sessions is similar, if not identical. Simply counting the subject
up from 1 to 10 is a common technique in both approaches. It is also common to
give suggestions for well being during this part of the session. This is
permissible in both forensic and therapeutic settings. Again, acceptable
techniques should always be employed.
Posthypnotic Differences
Finally, the posthypnotic portions of both the forensic and therapeutic sessions
are similar but there are distinct and important differences. Clarification of
questions is permissible during this part of the forensic session, just as it
was during the pre-hypnotic interview. However, you need to be careful not to
ask leading questions or be suggestive during this final part of the
investigative session as was true during the information- eliciting phase. This
is, of course, not an issue during a therapeutic session. Another important
difference is typically associated with the closing of the session. In a
therapeutic session, the clinician will usually answer the patient’s questions,
clarify and discuss clinical issues and finally make an appointment for the next
visit. In a forensic session you will most likely only see the subject once. You
should tell the subject that he/she should contact the case investigator in the
event of recall of additional information or any questions regarding the case.
In the event they do contact you, it is mandatory that a record of that contact
be made.
The pictorial depiction (see Exhibit #1) of an investigative and therapeutic
session may be helpful in clarifying the overall relationship between the two
approaches. In an investigative session it is necessary that all contact between
the subject and the hypnotist be recorded from hello to good-bye. Failure to
follow the proper guidelines may result in information that has no legal status
in that it is not admissible. As a forensic investigator, it is your goal to
elicit and uncover memories that were not readily available before; however, it
is also your goal to do this in a way that will not jeopardize the
witness/victim’s opportunity to testify about the crime. Proper training and
knowledge of legal requirements will assure that the forensic hypnotist does not
jeopardize the witness/victim’s right to a day in court.
You can learn more about forensic hypnosis by visiting the link below:
www.MarxHowell.com
