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STATE v. HURD

86 N.J. 525 (1981)

432 A.2d 86

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PAUL HURD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 14, 1981.

Attorney(s) appearing for the Case

Robert D. Clarke, Assistant Prosecutor, argued the cause for appellant (David Linett, Somerset County Prosecutor, attorney).

Richard S. Rebeck, Middlesex County Prosecutor, argued the cause for amicus curiae County Prosecutors' Association of New Jersey (Roger W. Breslin, Jr., Bergen County Prosecutor, attorney; William F. Lamb, Assistant Prosecutor, of counsel and on the brief).

Leo Kaplowitz argued the cause for respondents (Kaplowitz & Wise, attorneys).

Cary B. Cheifetz submitted a brief on behalf of amicus curiae International Association for Forensic Hypnosis (Emolo & Cheifetz, attorneys; Henry B. Rothblatt, a member of the New York bar, of counsel).

The opinion of the Court was delivered by PASHMAN, J.

This case presents the question, previously undecided in this State, whether the testimony of a witness who has undergone hypnosis to refresh her recollection is admissible in a criminal trial and, if so, in what circumstances. Although we recognize the problems raised by this use of hypnosis, we hold that, subject to strict safeguards to ensure the reliability of the hypnotic procedure, such testimony is admissible...

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