People v. Hughes, 59 N.Y.2d 523 (1983)
Hypnotically refreshed testimony is inadmissible as evidence unless it satisfies the standard for admissibility of scientific evidence and is deemed reliable by the scientific community; however, a witness is not necessarily incompetent to testify to events recalled before hypnosis.
Summary
The New York Court of Appeals addressed whether a rape victim’s testimony was admissible after undergoing pretrial hypnosis to refresh her memory. The court held that post-hypnotic recollections are inadmissible unless the procedure is generally accepted as reliable in the scientific community. However, the court also ruled that the witness was not automatically barred from testifying about pre-hypnotic recollections, provided those recollections are deemed reliable after a pretrial hearing. This case provides a framework for balancing the investigative uses of hypnosis with a defendant’s right to a fair trial.
Facts
The victim was raped in her apartment. Initially, she had difficulty recalling the details of the attack. Police arranged for her to undergo hypnosis with a psychologist to help restore her memory. During the session, she identified the defendant, a neighbor she knew, as her assailant. Prior to hypnosis, she told her sister “I saw Kirk” (defendant’s first name). Subsequent to the initial hypnosis session, and after reading about the effects of prehypnotic suggestions, the victim consulted a psychiatrist to make sure she was not being forced to remember something that was not true. The defense moved to suppress the victim’s identification, arguing the hypnosis was unduly suggestive and impaired his right to confrontation.
Procedural History
The trial court initially granted a hearing to determine if the hypnotic procedures were impermissibly suggestive. After the hearing, the trial court concluded that the hypnosis was not impermissibly suggestive and admitted the victim’s testimony. The defendant was convicted of rape, burglary, and assault. The Appellate Division reversed, holding that hypnotically produced testimony is not generally accepted as reliable and should be inadmissible, though the victim could testify to pre-hypnotic recollections. The prosecutor appealed to the New York Court of Appeals.
Issue(s)
1. Whether hypnotically refreshed recollections are admissible as evidence at trial.
2. Whether a witness who has undergone pretrial hypnosis is incompetent to testify to events recalled prior to the hypnosis.
Holding
1. No, because hypnotically refreshed recollections are only admissible if the procedure and results are generally accepted as reliable in the scientific community.
2. No, because the pretrial use of hypnosis does not necessarily render the witness incompetent to testify to events recalled prior to being hypnotized, but a pretrial hearing is required to determine the reliability of the prehypnotic recollection.
Court’s Reasoning
The Court of Appeals applied the Frye standard, requiring that scientific evidence be generally accepted as reliable in the relevant scientific community. The court recognized the inherent suggestibility of hypnosis, noting that it can lead to subjects becoming more susceptible to suggestion, confabulating events, and experiencing increased confidence in their recollections, regardless of accuracy. The court emphasized that there is no scientifically accepted method for determining whether recollections under hypnosis are accurate. The court stated: “Because we recognize that hypnotically aided recall may produce either accurate memories or at times may facilitate the creation of pseudo memories, or fantasies that are accepted as real by subject and hypnotist alike, we are deeply troubled by the utilization of this technique among the police. It must be emphasized that there is no known way of distinguishing with certainty between actual recall and pseudo memories except by independent verification”.
The court distinguished hypnosis from other methods of refreshing recollection, highlighting that suggestion is an essential part of the hypnotic process. While acknowledging that hypnosis may be a useful investigative tool for generating leads, the court cautioned against using it to confirm police suspicions or prepare a witness for trial. The court held that excluding posthypnotic recollections does not eliminate the impact of the hypnotic session because the added confidence the witness has obtained remains and may hinder effective cross-examination.
The court outlined the procedures to follow in cases where a witness has undergone hypnosis prior to trial, requiring the People to demonstrate by clear and convincing proof that the testimony of the witness as to prehypnotic recollection will be reliable and that there has been no substantial impairment of the defendant’s right of cross-examination. The defendant retains the option to introduce evidence of the hypnotic procedures and expert testimony on the effect of hypnosis on the witness’s recollections.