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Therapists are increasingly called to court to testify as practitioners or expert witnesses. How does a non-legally trained hypnotherapist prepare for a court appearance? How does he or she handle direct and, especially, cross-examination? What guidelines are recommended for routine therapeutic procedures that will ensure protection of the legal rights and interests of clients, while also meeting the legal and ethical standards of professional codes?
It is our desire to equip therapists, hypnosis experts, lawyers, and others with enough useful references and suggestions to save dozens of hours of research. It is also our intention to provide specific and detailed information about hypnosis topics that will enable therapists and lawyers going into court to prepare and perform properly.
Written primarily for clinicians who practice hypnotherapy, Trance on Trial offers a comprehensive, authoritative evaluation of the use of hypnosis in the courts, as well as practical strategies for maximizing the legal rights of clients while minimizing the liabilities of practitioners.
At the center of the legal debates over the use of hypnosis to refresh the memory of prospective witnesses are several crucial questions: What is hypnosis? How does it relate to memory in general? Can it alter a person's recall? Does it remove impediments to the perception of reality, or just strengthen a subject's belief, real or imagined? Should a person who has been previously hypnotized be permitted to testify in court? These and other fundamental questions are systematically addressed.
The book's detailed examination of both investigative and therapeutic hypnosis identifies common legal pitfalls and ways to avoid them. Receiving special attention are those actions that can jeopardize the admissibility of a client's testimony. Considered here are the ever-evolving standards of admissibility governing evidence acquired with the aid of hypnosis.
For the therapist called upon to testify in court--whether as an expert witness or on his or her own behalf--Trance on Trial provides reassuring guidance. It reveals the strategies lawyers commonly use--both in direct and cross-examination--and outlines effective counterstrategies. Also of note: Included in appendix format for ready reference is a state-by-state review of laws concerning hypnosis and admissibility of evidence.
While the legal history of forensic hypnosis may be relatively modern, it is becoming an increasingly complex and controversial issue. Illustrated with numerous case examples, enlivened by simulated direct and cross-examination exchanges, and extensively referenced to the current legal and psychiatric literature, Trance on Trial is an invaluable resource for hypnotherapists, hypnosis researchers, forensic psychiatrists and psychologists, and lawyers.
- Sales Rank: #917505 in Books
- Published on: 1989-08-04
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .79" w x 5.98" l, 1.15 pounds
- Binding: Paperback
- 338 pages
Review
"The use of hypnosis in the judicial system has created a massive tar baby that can cause serious complications for even the most accomplished expert. Scheflin and Shapiro ease the reader into the salient issues and provide practical tips for negotiating the treacherous web of legal embranglements. This combination of riveting prose and comprehensive scholarship make Trance on Trial required reading for psychotherapists and attorneys concerned with any aspect of hypnosis in the courtroom. Moreover, studying this book prior to practicing hypnosis will prove prophylactic for practitioners in this age of litigation." --Jeffrey K. Zeig, Ph.D., Director, Milton H. Erickson Foundation
"Everyone who is interested in hypnosis, memory, and eyewitness testimony should read this book. "--Contemporary Psychology (Contemporary Psychology 1989-08-06)
About the Author
Alan W. Scheflin, LL.M. is Professor of Law at Santa Clara University Law School. Author of two previous books with three others currently in preparation, Scheflin has also written a number of articles for professional journals and law reviews. He was invited to give testimony before the United States Congress and the California Senate Committee on the Judiciary, and appeared as an expert witness on mind and behavior control in Federal District Court.
Jerrold Lee Shapiro, Ph.D. is Associate Professor in the Graduate Division of Couseling Psychology and Education at Santa Clara University. Co-Director of OHANA Family Therapy Institute of San Jose and Los Altos, California, he also serves on the Clinical Faculty at Pacific Graduate School of Psychology in Menlo Park. He has authored four other books as well as numerous book chapters and journal articles.
Excerpt. © Reprinted by permission. All rights reserved.
I. INTRODUCTION.
1. The Legal Status of Hypnosis: An Overview.
II. A CLINICAL CASE.
2. Jennifer: A Case Portrait.
III. INVESTIGATIVE HYPNOSIS.
3. The Road to Admissibility
4. The Search for Safeguards.
5. The Rise and Fall of Inadmissibility.
IV. HYPNOSIS AND MEMORY.
6. Defining Hypnosis.
7. The Nature of Memory and of Hypnotically Refreshed Recall.
V. THE HYPNOTHERAPIST IN COURT.
8. Direct Examination.
9. Cross-Examination.
10. The Psychotherapist's Experience.
VI. CONCLUDING REMARKS.
11. Conclusion.
Most helpful customer reviews
1 of 1 people found the following review helpful.
Excellent
By Jack Nicholais
I have been in law enforcement for 38 years. I have been doing hypnosis in this field since 1999. If you plan on using forensic hypnosis in your profession as a law officer, then this book is a must. It outlines case history and what you need to look and be a professional on the stand. Psychologists do not know how to conduct proper police investigations and this is the reason you not only have to rely on your practices as a law officer but know how cases around the country can impact your hypnosis investigations. This book is a must to read in the course that I do when you become a hypnotist as well as a must to read in another course that offers training as a forensic hypnotist. I always refer back to this book and you will to.
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