California Private Investigator Practice Exam

Under what condition is hypnosis admissible as evidence in court?

1. When the witness recalls events and there is documentation

2. Only if the hypnosis was conducted by a licensed therapist

3. When the witness cannot remember any details

4. When approved by a judge

The correct answer is: When the witness recalls events and there is documentation

The admissibility of hypnosis as evidence in court hinges on the reliability and credibility of the witness's recollections obtained through hypnosis. When a witness recalls events and there is documentation supporting that recall, it adds weight to the reliability of the testimony. This documentation may include notes from the hypnotist, details of the hypnosis session, and any corroborating evidence that aligns with the testimony emerging from the hypnosis. The condition that documentation exists is critical because it helps establish the legitimacy of the recall process and ensures that the details brought forth during hypnosis can be connected to verifiable facts. Courts often evaluate the circumstances under which the hypnosis took place, the methodology used, and the presence of any documentation to assess the admissibility of such evidence. In contrast, conditions such as the requirement for the hypnosis to be conducted by a licensed therapist or the approval by a judge, while they may influence the admissibility process, do not independently determine whether the evidence itself is valid without the corroborating documentation. Similarly, having a witness who cannot remember any details does not strengthen the case for hypnosis being admissible; in fact, it might undermine the credibility of using hypnosis as a tool to elicit memories.