Jane Nash is a certified
Forensic Hypnosis Investigator through the National Board of
Professional and Ethical Standards (USA). This means she is
qualified in the use of hypnosis in civil and criminal
investigations, or inquiries to elicit information or
evidence. Information gathered in this way may assist in
finding other evidence to ensure guilt or innocence of an
individual.
This is different to clinical hypnotherapy.
Hypnosis
is an altered state of consciousness which is characterised by an
increased focus of attention; a heightened state of mental concentration
and a decrease of focus and concern about peripheral or surrounding
noise or stimuli.
While there are a number of similarities between the
application of investigative and therapeutic hypnosis, there are distinct and important
differences. This information will delineate the 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 cuing 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 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) 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 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.
Forensic investigative Hypnosis Trainer
Jane
Nash is a certified Trainer in Forensic Investigative Hypnosis. If your
law enforcement /justice department needs additional training, please
contact directly so that training can be organised to suit your
schedule.
p.o.a

Membership- N.B.P.E.S. (USA)