People v. Lucas’s Empirical Analysis

Citation profile

18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “1. The expert hypnotist be trained in the mental health field; 2. The hypnotist should receive a written memo of facts from the police, so the court can know what information s/he knew prior to communicating with the witness; 3. The hypnotist be neutral, not affiliated with prosecution/defense; 4. Videotapes be made of all pre-, during, and post-hypnotic sessions; 5. Only the hypnotist and the subject should be present; 6. Pre-hypnosis, the subject should be examined by a mental health professional for mental or physical disorders and to determine the subject’s mental competence; 7. Pre-hypnosis, the hypnotist should interview the subject and determine the extent of the subject’s recollections in detail; 8. The hypnotist avoid all suggestions to the subject; 9. The court consider any evidence controverting or corroborating the witness’ hypnotic statements.”

   1 later decision quote this exact passage · from the majority
   e.g. State Ex Rel. Collins v. SUPERIOR COURT, ETC.

2. “Because we recognize that hypnotically aided recall may produce either accurate memories or at times may facilitate the creation of pseudo memories, or fantasies that are accepted as real by subject and hypnotist alike, we are deeply troubled by the utilization of this techniques (sic) among the police. It must be emphasized that there is no known way of distinguishing with certainty between actual recall and psuedo memories except by independent verification... . .”

   1 later decision quote this exact passage · from the majority
   e.g. 445 So. 2d 815 - House v. State

3. “evidence corroborative of or contradictory to statements made during the trance... .”

   1 later decision quote this exact passage · from the majority
   e.g. 426 So. 2d 76 - Brown v. State