The Judiciary System

Recollection of knowledge via hypnosis has been used in many cases, but its effectiveness is disputed. Proponents claim that recovered memories have aided in the solving of many crimes, often corroborating with physical evidence which would have been impossible to obtain otherwise. Skeptics suggest that such successes are a function of simple chance, pointing to cases where its use on victims of rape or attempted murder to help them jog their memory in identifying an accused has caused sentences to be doled out to the wrong person. This is because the hypnotist might make suggestions that are more likely to be remembered as "truth". (See also false memory). Most experts recommend that the practice be used at most like a lie detector, to glean more information, and never as the smoking gun.

Hypnosis has proven beneficial, but not always in expected ways. During the Hillside Strangler trial, Kenneth Bianchi claimed a split personality carried out the crimes of which he was accused. Hypnosis was used extensively to argue that a second personality existed. However, due to faults in Bianchi's facade, it was proved that no other personalities existed and his insanity defense was discredited.

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Governmental authorities and qualifications

Governmental authorities, such as state licensing agencies, may establish minimum requirements for credentials that must be earned before one may practice hypnosis within their jurisdiction. Such credentials typically are called certificates or licenses.

In 1955, the British Medical Association, in 1958 the American Medical Association, and in 1960 the American Psychological Association all approved the medical uses of hypnosis. Even though they recognized the validity of hypnosis, medical schools and universities largely ignored the subject. As a result, the private sector became the provider of hypnosis training. This lead to a very interesting state of affairs; with so few physicians and dentists being able to train others in hypnosis, the private hypnotherapy school was born.

There was no authentic degree or diploma in hypnosis issued in either Great Britain, the United States, nor in any other country in the world. There was no such thing as a qualified hypnotherapist. There were only a few training courses for qualified doctors, dentists and clinical psychologists.

The World Health Organization has included hypnotherapy in procedure-based therapies of traditional medicine with an emphasis that hypnosis sits astride official and unofficial medicine.

Since the early 1990s two UK universities, Sheffield University and University College London, have sanctioned degree programs in hypnosis for medically, dentally, or psychologically qualified hands.

In 1998 there was great change in UK. It was the development of National Occupational Standards[6] [7]for hypnotherapy. The UK recognized hypnotherapy as a stand-alone therapy. There is a profession wide program of trying to secure National Qualifications Framework for hypnotherapy. City & guilds a national awarding body have been employed to accredit training program in hypnotherapy and counseling. In June 2002 NCFE,[34] a UK national awarding body, started external accreditation for the Hypnotherapy Practitioner Diploma courses supervised by the National Council for Hypnotherapy.[35] They have to study the psychology and psychotherapy relevant to their subject. In their syllabus hypnotism is to psychology as surgery is to medicine. As a surgeon must be expert in medicine, a hypnotherapist must be in counseling psychology.

So there is an accredited qualification in UK, but the practice has not been yet regulated.

Things are the reverse in the USA. The practice is regulated to certain extent. But there is no an accredited qualification. There is an explicit law in 16 states of US that regulates the practice of hypnotism. They are California, Connecticut, Colorado, Florida, Idaho, Illinois, Indiana, Minnesota, New Jersey, New Hampshire, New Mexico, North Carolina, Rhode Island, Utah, Washington and Nevada (forensic hypnosis only). Connecticut, New York and Minnesota states have changed their status in 2006 or are undergoing change in the existing regulation.

But Hypnotherapy (hypnosis) is recognized as a legal stand-alone profession by the US Department of Labor. It is listed in the Dictionary of Occupational Titles (079.157.010). The US Department of Education lists "Hypnotherapy-hypnotherapist" (9CIP 2000, 51.3603) under instructional programs. The Office of Administrative Law Judges Law Library lists "Hypnotherapist" as a "legal profession."

According to the Federal Dictionary of Occupational Titles published by the United States Department of Labor under Hypnotherapist 079.157.010 it is defined as follows: "Induces hypnotic state in client to increase motivation or alter behavior patterns: Consults with client to determine nature of problem. Prepares client to enter hypnotic state by explaining how hypnosis works and what client will experience. Tests subject to determine degree of physical and emotional suggestibility. Induces hypnotic state in client, using individualized methods and techniques of hypnosis based on interpretation of test results and analysis of client's problem. May train client in self-hypnosis conditioning". GOE: 10.02.02 STRENGTH: S GED: R4 M3 L4 SVP: 7 DLU: 7

In 2003, India also restricted the practice of hypnotherapy to Registered Medical Practitioners of recognized systems and appropriately trained personnel.[8]

In Ontario, Canada, the Hypnosis Act of 1964 was struck down apparently due to the ongoing difficulty of defining and proving hypnosis or a hypnotic state, rendering hypnosis and hypnotherapy an unregulated industry in the province.

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