Texas Senate Bans Hypnosis-Induced Evidence

What's the story?

• The Texas Senate passed Section Bill 338, which would ban hypnosis-induced statements from being used as evidence in criminal trials. 
• The bill was moved to Gov. Greg Abbott for final approval. The legislation, sponsored by Sen. Juan "Chuy" Hinojosa (D-TX), is similar to Senate Bill 281, which Gov. Abbott vetoed in 2021. The governor objected to last-minute changes to the scope that would block all statements made by a person who had undergone hypnosis, even if unrelated to the session or made long after it.

What is investigative hypnosis?

• Police use investigative hypnosis to recall a witness or victim's memory regarding a crime. 
• A 2020 investigation by the Dallas Morning News revealed Texas law enforcement had used hypnosis over 1,700 times since the 1980s, resulting in numerous incarcerations and, in some cases, death sentences. 
• Charles Don Flores was convicted as an accomplice in a 1998 murder solely based on the testimony of a witness who had been hypnotized. Flores maintains his innocence.
• Experts warn that investigative hypnosis techniques rely on outdated science and may distort rather than clarify witness recollections. Four potential issues of the practice include susceptibility to suggestion, weakened critical thinking abilities, confabulation (fabricating memories to fill gaps), and the solidification of false memories over time, known as "memory cementation."

Do you support or oppose banning hypnosis in law enforcement? Let Gov. Abbott know. 

—Laura Woods

(Photo credit: Unsplash)