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Factors to Consider Prior to the Use of Hypnosis

Prior to using hypnosis on any witness, an Assistant U.S. Attorney should consider and document the following:

  1. The names of the person to be hypnotized;

  2. The reasons why the use of hypnosis is desired, and whether it appears that hypnosis can be useful in aiding the witness to recall such additional information;

  3. The fact that the person to be hypnotized is not a suspect or potential defendant in this or any related (Federal or State) criminal investigation;

  4. Whether the person to be hypnotized is a minor;

  5. The fact that the person to be hypnotized has consented to undergo hypnosis, and - if the person is a minor - the fact that the parent(s) or legal guardian(s) has/have also consented for the minor to undergo hypnosis;

  6. The name of the individual who will induce hypnosis; and

  7. The hypnotist's qualifications to induce hypnosis (viz., whether the hypnotist is licensed/certified as a psychologist and is a member of the American Society of Clinical Hypnosis; attach resume; etc.).