On
July 25, 1976 three young men kidnapped 26 summer school
children and their bus driver. You may have heard of the Chowchilla California
kidnapping case. The children and
driver were forced into a buried cargo
container while the kidnappers demanded ransom. Fortunately the
children and driver escaped from this would be grave and were
reunited with their loved ones.
Frank Edward Ray, the 55-year-old bus driver, underwent hypnosis
to refresh his memory of the kidnapping. While under hypnosis he was able to provide 5 of the 6
numbers on the license plate of the van used by the kidnappers. All three were caught and sentenced to long term jail
sentences. This sensational case documents the possibilities in
using hypnosis for memory recall. Other cases in which hypnosis was used to provide details
include the Boston Strangler, Ted Bundy, Sam Sheppard (the
Fugitive) and thousands of “lesser” crimes.
The book Forensic
Hypnosis by Hibbard and Worring
defines forensic hypnosis as “the application and management of
the science of hypnosis in criminal and civil investigations”.
The primary purpose of this investigative tool is to use
hypnosis to enhance the memory and recall of willing witnesses
and victims of crimes. In recent years the use of
forensic hypnosis by defendants has been increasing as well.
While the book discusses the use of forensic hypnosis in
criminal and civil cases there are many other applications for
memory recall within the general public. Have you ever hidden
something valuable in a place so that no one would ever find it
only to discover you can't remember the location either? What
about the name of that person you were so fond on in elementary
or high school? Or, the telephone number of that person you
met in the airport or on vacation that seemed like such a
promising customer? Forensic hypnosis is the right tool for
these memory recall situations.
While the use of forensic
hypnosis can aid in memory recall care must be taken in several aspects, especially if the hypnotically recalled events may be
used in a criminal or civil trial. In some states including NewYork and Connecticut the prosecution can use
only pre-hypnosis testimony. The US SupremeCourt has ruled in Rock v.
Arkansas (1986) that
defendants are able to use hypnotically recalled testimony in
their defense. Other precautions are that from start to finish
the session must be recorded so the court can be assured that
proper procedures were followed. False
memory (confabulation) is avoided by using a specifically
trained forensic hypnotist that understands how to avoid leading
questions. Finally, the information gained from the hypnosis
session must be corroborated with other evidence just
like statements that are received out of conscious memory. A
person does not lose control when in hypnosis and can lie while
in hypnosis if they choose to do so. A trained forensic
hypnotist understands the pit falls that may prevent
hypnotically recalled information from being used in a court of
law.
Hypnotically refreshed
memory comes from accessing long-term memories. Since we take time to process short term memory
into long term memory it is best to wait until several days
after the incident. There does
not appear to be a limit to the length of time a stored memory
can be recalled. People in
hypnosis have successfully recalled specific and minute details
of events that happened more than twenty or thirty years ago.
The perpetrator of a crime may lose conscious memory over time
to the specific details leading police and others to doubt their
claims of guilt. Hypnotically
refreshed recall could be used to discover if in fact the person
knows those details that prove they were involved.