Hypnotically refreshed testimony and its admissibility and proposed benefits thereof for Namibian trials

Abstract

None provided; following is taken from author's Introduction:

Further, with the changes occurring in society - whether, due to technological and scientific advancements or due to changes of government, from non-democracy to democracy - the Laws of Evidence, must still be applied - subject to adaptation - to that particular changing society. This is sometimes done - not so much with reluctance - but rather with difficulty

This interesting dissertation topic... will surely prove the above said - and hopefully face the challenges

It must be stated from the onset that the author, for reasons to be found throughout this dissertation, does not propose for hypnosis to be used blindly and devoid of any rules of evidence. Rather the author wishes to bring to the attention of the reader, that despite these problems, such as confabulation, hypnosis should be introduced into the court in certain manners and instances so as to cause the least possible reformation to the rules of evidence and to benefit the defendant

The author urges our courts not to rule out hypnosis as a means of elicitation of evidence in the court totally, but rather advocates the use thereof as a means of facilitated communication. Of necessity, certain safeguards will have to be employed so as to ensure that every party to a dispute is able to employ the latest medical and scientific methods to his/her benefit as well as being able to testify on his or her own behalf, thus giving effect to the right to a fair trial

Unfortunately, reference will be made to relatively new concepts and terminology. Further, various topics within the field of the Law of Evidence will necessarily be discussed. As there is a lack of debate on the said topic in Namibia and South Africa, this dissertation will rely heavily upon foreign case law, constitutions and legislation all of which will be discussed and tested against Namibia's legal and constitutional framework