Forensic Hypnosis and Cognitive Interviewing

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Forensic Hypnosis and Cognitive Interviewing

• Chapter 5

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Hypnosis vs Cognitive Interviewing

• Share the same goal
• To increase information remembered
• Neither have been recommended for interrogation
• Both require a willing interviewee

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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!

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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

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Phases of Forensic Hypnosis Induction

• The hypnotist relaxes the suspect and tests
  responsivity to suggestion

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Phases of Forensic Hypnosis Narrative

• The subject is asked to describe the event

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Phases of Forensic Hypnosis Closure

• Subject instruction and closing end the session

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Phases of Forensic Hypnosis Recall

• After the hypnotic session the subject is asked
  to recall all memories of the crime since the
  memory enhancement

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Challenges to Hypnotic Memory Retrieval

• Confabulation
• Faking
• Memory hardening suggestibility

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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

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Faking

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

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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

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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

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What is the Cognitive Technique?

• Both specific and general memory jogging guidance
  techniques were identified and combined to form
  the cognitive interview technique

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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

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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

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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

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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?)

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Report Everything Mnemonic

• The interviewer explains that some people hold
  back information because they dont 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

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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

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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

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Additional Memory Jogging Mnemonics

• physical appearance
• names
• numbers
• speech characteristics
• conversation

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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

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Step One Meet Greet

• Develop rapport
• Encourage active participation
• Report everything mnemonic
• Give permission not to answer

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Step Two Narrative Phases

• Free recall
• Guided recall
• reconstruction mnemonic
• Clarification

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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

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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

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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.

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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).