Can a witness who undergo hypnosis to restore his memory subsequently testify as a witness?
MultiRegion, United States of America
The following excerpt is from Aguilar v. Alexander, 125 F.3d 815 (9th Cir. 1997):
In California before the end of 1984, a witness who had undergone hypnosis to restore memory could not subsequently testify "as to all matters relating to those events, from the time of the hypnotic session forward." People v. Shirley, 31 Cal.3d 18, 181 Cal.Rptr. 243, 273, 723 P.2d 1354, 1384 (1982). This rule did not apply to a defendant who planned to testify, "to avoid impairing the fundamental right of an accused to testify in his own behalf." Id.
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