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Landmark Cases

Case Name: STATE of NJ v. Paul HURD

Date, Location, Cite: 1981 NJ
86 NJ 525
NJ Supreme Court

Jane Sell was attacked 1978, knifed. There was no robbery or rape. She was alone, Mr. Sell was asleep in the Living room. She had been married to Hurd. She didn't know who attacked her afterwards, said a "stranger." When under Hypnosis, she said it was Hurd, but after much leading. This then became a question of recall v. confabulation- Court said for hypnotized witness must:

  1. Use Trained Dr
  2. Use an Expert who is independent
  3. have written notification from Expert
  4. have detailed story from witness by expert before hypnosis All contacts to br recorded
  5. have only Expert & witness present.

Without these, hypnotized witness can't testify in NJ- well done opinion, probably good precedent.
cf People v Shirley and Rock v Arkansas