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The New Jersey Supreme Court has barred the use of hypnotism testimony in criminal courts by any witnesses, citing the theory that hypnotically refreshed memory recall is not based on sufficient scientific evidence.

The new ruling impedes on the 1981 high court ruling, which allowed the admission of hypnotically recalled witness testimony in criminal trials if specific standards for reliability were noted.

However, the new justices of the Supreme Court decided to reverse the old judgment stating that there has been a big change in expert opinion over the years.

According to the high court, most scientists agree that hypnotism testimony is instinctively unreliable
and can never be improved to be made so. Furthermore, the court states that they were especially concerned by the manner in which hypnosis boosts witnesses’ assurance of their memory recall without any practical evidence supporting the theory.

The new decision will effectively end a two-decade long legal battle for convicted rapist Clarence Moore who was incarcerated for 15 years after the victim—under hypnosis—identified Moore as the assailant.

According to the Supreme Court’s opinion, the assault occurred in the early morning and the attacker ordered the victim not to look at him. She opened her eyes briefly, but the room was dark and she wasn’t wearing her vision correction lenses.

The 25-year-old victim’s description of the assailant was too vague, but two weeks later she underwent hypnosis and was able to pick out Moore from the array of photos she was presented with. Moore was arrested and convicted to 25 years to life in prison for robbery, burglary, and sexual assault.

After a series of appeals, Moore asked the New Jersey Supreme Court to determine whether or not hypnotically recalled testimony could be used in criminal court. The high court justices, after hearing the case, overturned the old ruling and found hypnotism testimony inadmissible and unreliable.

Moore has been released on bail and is awaiting another trial on the charges.

Please contact us today to speak with a qualified and experienced criminal defense attorney who can protect your legal rights and maximize your interests.

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