Legal Status of Hypnosis in Psychology and Assessments
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What is the legal status of hypnosis? Summarize the role of psychology in conducting hypnosis.
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This solution explains the legal status of hypnosis and then summarizes the role of psychology in conducting hypnosis. Examples are provided.
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1. What is the legal status of hypnosis? Summarize the role of psychology in conducting hypnosis.
"Legal issues involving hypnosis and memory lay dormant for two-thirds of the twentieth century. From 1968 to the mid-1980s, however, courts decided hundreds of cases involving the hypnotic retrieval of memories. About one-third of the states now follow a ``totality of the circumstances'' test that permits these memories to be introduced into evidence if there is no undue suggestion. A majority of the states follow a per se exclusion rule prohibiting any memories retrieved during or after hypnosis from being introduced into evidence. It is argued that the per se exclusion test is unwise as a policy matter, unjust because it prevents victims from having their day in court, and unscientific because it misreads the prevailing scientific literature on the accuracy of hypnotically assisted recollection" (http://www.haworthpress.com/store/toc/plainv/J158v01n01_TOC.txt?sid=38RHKS0C8LDF8G0NP8AJH2CWE54H0KAE&).
See extra information at the end of this response, which challenges the per se exclusion rule as bing too restrictive in some case.
b. Summarize the role of psychology in conducting hypnosis.
The psychologist is linked to 'forensic psychology' because of their work, expert knowledge or research activity is somehow connected with the law.In this case, the role of psychology in conducting hypnosis involves a 'forensic psychologist' using the technique of hypnosis on a person, which involves the hypnotic retrieval of memories relevant to the legal case, giving expert opinion at court following the per se exclusion rule. The expert knowledge is then used by the court to make legal decisions about the case. As a case in points, let's assume your testified that the ...
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