FORENSIC HYPNOSIS – AN OXYMORON

Nearly thirty-five years ago, the problems with ‘forensic’ hypnosis were acknowledged as real – “[T]hat hypnosis guarantees the accuracy of recall is as yet without established foundation…” “[I]n fact, hypnosis often has no effect at all on memory.” “The most common response to hypnosis, however, appears to be an increase in both correct and incorrect

COLLECTIVE WISDOM: WHETHER TO OBJECT TO THE NOT-SO-QUALIFIED EXPERT

It is rare if ever that a proffered expert will be deemed so unqualified as to be precluded from testifying.  Why?  The threshold for expertise is decidedly low.  To use the Pennsylvania test, “[t]o qualify as an expert witness, a witness need only have a reasonable pretension to specialized knowledge, on a subject for which expert

Masks, Demeanor and Deception

Do mask-wearing witnesses deprive criminal defendants of their right of Confrontation?  Does impairing the ability of jurors and lawyers to fully assess ‘demeanor’ result in less reliable trials?  Can jury selection be fair of prospective jurors’ faces are covered?   Or is this all a Shakespearean “much ado about nothing” because we – the great majority