The authors critically review memory research, trauma treatment, and legal cases pertaining to the false memory controversy. They discuss current memory science and research with both children and adults, pointing out where findings are and are not generalizable to trauma memories recovered in psychotherapy. The main issues in the recovered memory debate are covered, as well as research on emotion and memory, autobiographical memory, flashbulb memory, memory for trauma, and types of suggestions, such as misinformation suggestions, social persuasion, interrogatory suggestions, and brainwashing. Research on the reliability of memories recovered in hypnosis is reviewed and guidelines for using hypnosis with patients reporting no, partial, or full memory of having been sexually abused are outlined. The authors review the development and current practice of phase-oriented trauma treatment and present a standard of care that is effective and ethical. Their exploration of memory in the legal context includes a review of malpractice liability and current malpractice cases for allegedly implanting false memories in therapy, as well as the evolving law around legal actions by people who have recovered memories and around hypnosis and memory recovery. This is an essential reference on memory for all clinicians, researchers, attorneys, and judges.

Therapists are increasingly called to court to testify as practitioners or expert witnesses. How does a non-legally trained hypnotherapist prepare for a court appearance? How does he or she handle direct and, especially, cross-examination? What guidelines are recommended for routine therapeutic procedures that will ensure protection of the legal rights and interests of clients, while also meeting the legal and ethical standards of professional codes?
It is our desire to equip therapists, hypnosis experts, lawyers, and others with enough useful references and suggestions to save dozens of hours of research. It is also our intention to provide specific and detailed information about hypnosis topics that will enable therapists and lawyers going into court to prepare and perform properly.
Written primarily for clinicians who practice hypnotherapy, "Trance on Trial" offers a comprehensive, authoritative evaluation of the use of hypnosis in the courts, as well as practical strategies for maximizing the legal rights of clients while minimizing the liabilities of practitioners.
At the center of the legal debates over the use of hypnosis to refresh the memory of prospective witnesses are several crucial questions: What is hypnosis? How does it relate to memory in general? Can it alter a person's recall? Does it remove impediments to the perception of reality, or just strengthen a subject's belief, real or imagined? Should a person who has been previously hypnotized be permitted to testify in court? These and other fundamental questions are systematically addressed.
The book's detailed examination of both investigative andtherapeutic hypnosis identifies common legal pitfalls and ways to avoid them. Receiving special attention are those actions that can jeopardize the admissibility of a client's testimony. Considered here are the ever-evolving standards of admissibility governing evidence acquired with the aid of hypnosis.
For the therapist called upon to testify in court--whether as an expert witness or on his or her own behalf--"Trance on Trial "provides reassuring guidance. It reveals the strategies lawyers commonly use--both in direct and cross-examination--and outlines effective counterstrategies. Also of note: Included in appendix format for ready reference is a state-by-state review of laws concerning hypnosis and admissibility of evidence.
While the legal history of forensic hypnosis may be relatively modern, it is becoming an increasingly complex and controversial issue. Illustrated with numerous case examples, enlivened by simulated direct and cross-examination exchanges, and extensively referenced to the current legal and psychiatric literature, "Trance on Trial" is an invaluable resource for hypnotherapists, hypnosis researchers, forensic psychiatrists and psychologists, and lawyers.