United States. (R.T.C., p. 1217). The third judicial approach focuses on a defendant's constitutional rights. "Some courts have held that a pretrial hypnosis session may be so suggestive that a criminal defendant's due process rights are violated if testimony influenced by the session is admitted. These courts scrutinize hypnotic procedures under the standard for pretrial identifications developed by the United States Supreme Court in Stovall v. Denno." (R.T.C., p. 1219). These standards restrict the admission of any identification testimony that the court deems the result of unnecessarily suggestive procedures, which could deny a defendant due process of law. (R.T.C., p. 1219).

While hypnosis does introduce certain difficulties into eyewitness accounts, the fact is that some of the elements used in hypnosis can be helpful in enhancing recall. The most successful types of hypnosis show a lack of negative factors and an enhancement in positive factors. These elements are incorporated into...
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