Texas Wesleyan Law Review


Earl F. Martin

Document Type



Following the lead of clinicians, the use of hypnosis in criminal investigations has increased over the last few decades, and it is this use that will be the focus of this Article. Specifically, this Article will look at the reliability of hypnotically refreshed testimony in the criminal courts. In Part II, attention will turn to a review of how the common law has responded to the questions raised by hypnotically refreshed testimony. With this background in mind, Parts III and IV will proceed to consider the impact the United States Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, Inc. may have on this evidence. Part III will discuss Daubert and the more recent case of Kumho Tire Co. v. Carmichael, in an effort to detail the construct that Daubert has created to test the reliability of scientific evidence. Then, Part IV will employ this new construct as a means of investigating whether the behavioral science literature can support the forensic application of hypnotically refreshed testimony in criminal prosecutions.



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