MBE Rules · Evidence
Hypnotically Refreshed Testimony
Hypnotically refreshed testimony
The rule
Most courts bar or strictly scrutinize testimony enhanced by hypnosis; a criminal defendant's own hypnotically refreshed testimony cannot be excluded per se (Rock v. Arkansas).
In plain English
Hypnotically refreshed testimony refers to statements made by a witness after they have undergone hypnosis to help them recall details. While many courts are cautious about allowing such testimony due to concerns about reliability, a criminal defendant's own testimony that has been refreshed by hypnosis cannot be automatically excluded.
Worked example
In a robbery case, the defendant underwent hypnosis to remember details about the incident. After the session, he recalled seeing a specific person at the scene. The court allowed his testimony to be presented, ruling that it could not be excluded simply because it was enhanced by hypnosis.
Memory hook
Hypnosis helps recall, but can't block a defendant's voice.
The trap
Exams may present scenarios where students assume all hypnotically refreshed testimony is inadmissible, leading them to overlook the exception for defendants. This can mislead students into thinking the rule is broader than it is.
How examiners test it
Questions often involve a fact pattern where a witness's reliability is challenged due to hypnosis, prompting candidates to analyze the admissibility of the testimony based on the defendant's rights.
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