1. Forensic Hypnosis and Cognitive Interviewing
Chapter 5

2. Hypnosis vs Cognitive Interviewing
Share the same goal
To increase information remembered
Neither have been recommended for interrogation
Both require a willing interviewee

3. Defining Forensic Hypnosis
An investigative memory retrieval technique used to enhance recall in legally relevant situations
Hypnosis is a state of increased receptivity to suggestion characterized by an altered state of consciousness
Hypnotized persons are aware of what is gong on!

4. Guidelines for Forensic Hypnosis
Its use must be consistent with state law
Its use must be consistent with clinical and legal safeguards of the subject
A rationale for using hypnosis must be made prior to its use
Hypnosis should be used for major crime only after all other procedures have been exhausted
Not recommended for use with juveniles
Not recommended for use with persons having cognitive disabilities

5. Phases of Forensic Hypnosis: Induction
The hypnotist relaxes the suspect and tests responsivity to suggestion

6. Phases of Forensic Hypnosis: Narrative
The subject is asked to describe the event

7. Phases of Forensic Hypnosis: Closure
Subject instruction and closing end the session

8. Phases of Forensic Hypnosis: Recall
After the hypnotic session the subject is asked to recall all memories of the crime since the memory enhancement

9. Challenges to Hypnotic Memory Retrieval
Confabulation
Faking
Memory hardening & suggestibility

10. Confabulation
Confabulation is a fantasy that has unconsciously replaced fact in memory
May be based partially on fact
May be complete construction of imagination
It is a filling in of the memory gaps to make the event more comprehensible

11. Faking Hypnosis can be faked People are capable of lying in hypnosis
No single indicator exists to be sure that the subject is faking

12. Memory Hardening & Suggestibility
Memory hardening gives the subject increased confidence in things remembered during hypnosis, whether the facts are true or false
Suggestions made during the post-hypnotic stage can become permanent

13. Challenges to the use of Forensic Hypnosis
In 1985 the American Medical Association recommended the use of hypnosis be limited to the investigative processes and results not be used as evidence in court
Few courts allow the introduction of hypnotically induced information
Texas and Nevada are examples with law that specifically allows hypnotically refreshed recall for use in criminal and civil cases

14. What is the Cognitive Technique?
Both specific and general memory jogging guidance techniques were identified and combined to form the cognitive interview technique

15. The Foundation of the Cognitive Interview Method
The foundation of the Cognitive Interviewing Method is the use of mnemonics
Mnemonics are memory jogging techniques
Mnemonics are methods for remembering information that is otherwise difficult to recall, a memory tool

16. The Four Primary Mnemonics
Mentally reconstruct the context of the event
Report every detail, regardless of apparent importance
Recall the events in a variety of orders, moving back and forwards in time
Change perspectives and recall from a different points of view

17. Reconstruction Mnemonic
Prior to asking for the narration, recreate the circumstances associated with the event
Look for their state of mind just prior to the event and the physical environment surrounding the event
Instruct the interviewee to think about the circumstances that surrounded the incident
Time
year, month, day, time of day
Place
location, surroundings, where were you in relation to houses, cars, furniture, equipment of any kind
Time –
Place –

18. Reconstruction: involve the Senses
Sensory Cues
visual images, sounds, odors, tastes, skin sensations, weather, lightening
People
physical appearances; remind you of anyone, why; clothing; behavior; anything unusual
Conversation
What was said by whom; what particular words, phrase; numbers, high-low- odd-even; names, first – letter name speech characteristics, high or low voice
Thoughts
what statements were you making in your own head (why me, I am going to die, will I live?)

19. Report Everything Mnemonic
The interviewer explains that some people hold back information because they don’t know what is important
Through out the interview remind the interviewee that you would like them to talk about everything they remember
Give the interviewee permission to recount everything

20. Changing the Order of Events Mnemonic
Instruct the interviewee to recall events in a different order
The instruction may include starting from a point that they remember most vividly
Start at the end and work forward
Start with what is most important to you, then go forward or backward

21. Changing the Perspective Mnemonic
Instruct the witness to recall the incident from the perspective of others who were present
Try to put himself or herself in the role of someone else and think about what he or she must have seen

22. Additional Memory Jogging Mnemonics
physical appearance
names
numbers
speech characteristics
conversation

23. Cognitive Interview Instruction
The researcher asks the questions in the standardized way but also asks the respondents to think aloud, highlight problems, express their opinion, make judgments on the questions…
Talk about concentration
Use active listening

24. Step One: Meet & Greet Develop rapport Encourage active participation
Report everything mnemonic
Give permission not to answer

25. Step Two: Narrative Phases
Free recall
Guided recall
reconstruction mnemonic
Clarification

26. Step Three - Extensive Recall through Mnemonics
The two primary techniques that have been shown to provide more information are:
Switching the Temporal Order (recalling from different order mnemonic)
Changing the Perspective mnemonic

27. Step Four: Summary and Closure
Briefly summarize the information the interviewee has provided
Ask the witness to interrupt immediately if he/she remembers new information or there is any errors in the review

28. Summary and Closure
Always end the interview on a positive note, so be sure to spend the time helping him or her mentally relocate to present time.
Thank the interviewee for their time and effort.
Remind him/her to call new information is recalled.

29. Challenges to the use of Cognitive Interviewing
In a court hearing on the use of Cognitive Interviewing (a double murder case) concluded it was a reliable investigative tool and its use in court was upheld (People v. Tuggle, 1995).