Oh, California

7.18.2010

Interesting California legal fact for you non-bar studiers:

In California, witnesses who have been hypnotized are disqualified from testifying.  Makes sense, right?  But wait, there's an exception: In a criminal case, a witness is not disqualified if they were hypnotized by police using procedures that protect against suggestion. 

According to Webster's Dictionary, "hypnotize" means "to induce hypnosis."  But here's the definition of hypnosis: a trance-like state that resembles sleep but is induced by a person whose suggestions are readily accepted by the subject.

Does something about this rule of evidence seem wrong to anyone else? 

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