형사절차에 있어서 법최면의 활용에 관한 연구 = The use of Forensic Hypnosis in criminal procedure

다국어 초록 (Multilingual Abstract)

Although there have been very diverse progress in the scientific collective methods of clues or evidence, it has been said that the roles of testimonial evidence of victims or other eyewitness is most decisive in criminal investigation and trials, but in the cases of sudden accidents or violent crimes, especially like sexual abuse against child, etc., because of the restriction of human memory, unstable mental state or inappropriate observing situation and other reasons, there are many cases in which testimony of victim or other witness is most unstable and restrictive, that is, after traumatic crimes, victims often experience difficulties recalling the details, this phenomenon functions as a kind of major obstacle in criminal cases, so, to solve this problems, forensic hypnosis (or hypnosis investigation) is focused as very useful tools to enhancing.
But although the scientific study and application in psychiatry of hypnosis began over 200 years ago, satisfactory explanation of hypnosis (especially forensic use) has yet to be introduced, and it is pointed that there are several problems to forensic use of hypnosis; for example, hyper-suggestibility and compliance, tendency of confabulation, inability of distinguish accurate from inaccurate recall, moreover, the hypnotic session reinforce the witness' confidence in erroneous memories, because of this reasons, the majority of courts of U.S. conclude that the dangers outweighed any possible benefits and adopted 'the per se rules of exclusion' with some exception such as recording of pre hypnotic statements and use for ex-culpatory evidence, etc.
To speak clearly, there are some potential vulnerability and dangers in using forensic hypnosis, but if we consider these problems of hypnosis and use with some safe-guidelines(for examples, ① recording of pre hypnotic statements and ② recording or videotaping hypnotic session, ③ control of hypnotic treatment by experts who stand neutral like psychologist, etc.), there are useful aspects as criminal investigative method.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 법최면(Forensic Hypnosis)의 배경이론, 기법 및 과학적 신뢰성
• Ⅲ. 법최면과 관련한 미국 판례사안의 검토
• Ⅳ. 결론