The Origins: Investigative Hypnosis

1. Towards a brief witness memory enhancement technique: Meditation with eye-closure and context reinstatement Graham Wagstaff and Jacqueline Wheatcroft University of Liverpool

2. Memory enhancement for witnesses Before cognitive interview main technique was hypnosis. Investigative hypnosis rose in popularity in late 1970s and 1980s (Reiser, 1980; Hibbard and Worring, 1981; Haward, 1988). Particularly popular in USA, UK and Israel. Now less popular (Wagstaff, 1999; Wagstaff et al., 2004), but still has advocates. The Origins: Investigative Hypnosis

3. Investigative Hypnosis Experimental laboratory studies of hypnosis and memory. A number of other laboratory studies have reported hypermnesia (improved powers of memory) with hypnosis. However, these studies have also been criticised (Wagstaff, 1981, 1982, 1984, 1989, 1999). • Erdelyi (1994) categorised experimental studies according to the nature of the stimuli presented to participants (high and low sense) and the method of testing (recall versus recognition). • Significant memory improvements with hypnosis were confined to situations that require free recall of high-sense materials. • However, this enhanced recall is invariably accompanied by an increase in inaccurate information to the extent that accuracy deteriorates (e.g. Dinges et al., 1992; Dywan and Bowers, 1983).

4. Investigative Hypnosis Also hypnosis can • encourage subjects to incorporate more misleading information into their reports, • and to be more confident in their reports of incorrect information; resulting in a 'false confidence' effect. (McConkey and Sheehan, 1996; Scoboria, Mazzoni, Kirsch and Milling, 2002; Nogrady, McConkey, and Perry, 1985; Sheehan and Tilden, 1983; Spanos, Quigley, Gwynn, Glatt, and Perlini, 1991; Wagstaff, Traverse and Milner, 1982; Wagstaff et al., 2004; Whitehouse et al., 1988; Zelig and Beidleman, 1981). Hence: Although there are a few exceptions (e.g. (Geiselman, Fisher, MacKinnon. and Holland, 1985; Ready, Bothwell and Brigham, 1997), is now some consensus amongst researchers that hypnotic procedures do not improve the accuracy of memory to a level above that achievable in motivated non-hypnotic conditions. (Erdelyi, 1994; Kebbell and Wagstaff, 1998; Mazonni et al., 2010; McConkey and Sheehan, 1996; Scoboria et al., 2002; Smith, 1983; Steblay and Bothwell, 1994; Wagstaff, 1984).

5. Investigative Hypnosis Why do these errors occur? • Most popular explanation is because of a) the expectancies associated with hypnosis (see Wagstaff, Vella and Perfect, 1992) and b) pressure brought to bear by the investigating hypnotist to remember more, hypnotized witnesses sometimes adopt a more lax criterion for report by giving some additional details about which they were previously unsure, resulting in increases in incorrect information. • In addition, they may report vague details or imaginings as confident memories, assuming that, because they are created in the hypnotic context, they will be accurate. (See, for example, Dinges et al., 1992; Lynn and Nash, 1994; Miller and Wolford, 1999; Wagstaff, 1999ab, 2010; Webert, 2003; Whitehouse et al., 1988, 2005).

6. Investigative Hypnosis Hypnosis in the Courtroom From late 1970s many traditional state theorists changed emphasis: hypnosis as an interviewing procedure was considered a liability (Diamond, 1980, Orne, 1979). In USA per se exclusion rule enacted in most states; hypnotized witnesses not allowed to testify (except defendants) (Laurence and Perry, 1988; Perry and Laurence, 1990). In UK, 1987/1988 Home Office guidelines introduced (interviews must be on video; only used in serious cases). But why use it at all?

7. Investigative Hypnosis Hypnotic Interviews in the Field: Explaining anecdotal evidence Association of Chief Police Officers point to a number of cases where it has appeared to be successful. WHY? • There are a number of techniques that hypnotists have employed in forensic investigations that might produce better results than routine police interviews(see, Reiser, 1980; Hibbard and Worring, 1981; Haward, 1988; Wagstaff, 1981, 1982).

8. Investigative Hypnosis Techniques associated with the typical hypnotic interview • Hypnotic interviewers often have a clinical background, often possess good interpersonal skills. Rapport is considered essential to good hypnotic interview. • With the hypnosis ritual, the interviewer automatically adopts a softer, less aggressive and authoritarian tone; the ritual encourages the witness to relax, concentrate and report fully and openly, without interruption. • The hypnotic induction procedure and subsequent suggestions encourage focused attention and the use of imagery. • The hypnotist gives instructions to focus on mental reinstatement of context; i.e. to 'relive' the event (revivication) , describing experiences felt at the time, and visualizing incidental details. • Instructions may be given to report everything, and recall events in different orders (television/video technique). • Use of a range of novel procedures to aid recall; e.g. asking witnesses to draw pictures, act out events.

9. Lessons from Investigative Hypnosis? Led to paper by Wagstaff (1982) in Police Research Bulletin which suggested he following procedures to help witnesses remember: • Establish Rapport in relaxed atmosphere. • Encourage witness to report all incidental details. • Use Guided imagery/Context Reinstatement. • Witness should relax and be able to make own statement in own time. • Novel memory aids such as drawing, acting out, and eye-closure.

10. Investigative Hypnosis Hypnosis vs. the cognitive interview: How do they compare? Geiselman, Fisher et al. (1985) found no differences in effectiveness between the two techniques. Neither produced confabulated reports; however, no attempt was made to use leading questions. • Literature suggests that, in terms of the production of incorrect information, the potential distorting effects of the cognitive interview may be less. • Are two main reasons why a cognitive interview is preferable to hypnosis interviewing: 1) Cognitive interviewing probably produces less memory distortion, 2) At present there is a danger of hypnotically elicited testimony being thrown out of court simply because hypnosis has been employed; e.g. R v Coster, McCarthy and McCarthy (1987). Case thrown out because guidelines had not been followed.

11. Investigative Hypnosis: A Way Forward? Is there a way forward? Kebbell, Milne and Wagstaff (1999) found that one of the main disadvantages of the cognitive interview was its length. • Geiselman et al. (1984) found that hypnosis interviews were as effective as a cognitive interviews but shorter. • The fact that a fairly short procedure may help memory in a manner equivalent to the lengthy cognitive interview might lead us to look at other retrieval aids derived from hypnosis. • Obvious techniques are context reinstatement and report everything; recognised as best bets for shortened CI (e.g. Davies et al., 2005, Milne and Bull, 2006; Dando et al., 2009, Wagstaff, 1982). But there are others.

12. Focused Meditation Researchers have noted similarities between effects produced by standard hypnotic induction procedures and other procedures such as systematic relaxation, autogenic training and meditation (Barber, Spanos & Chaves, 1974; Benson & Klipper, 1976; Edmonston, 1977, 1991; Morse, Martin, Furst & Dubin, 1977; Wagstaff, 1981). Typically, these procedures share in common the adoption of a relaxed, passive mode of thinking, brought about by focusing of attention on some neutral target or set of targets such as parts of the body or breathing, whilst ignoring distracting thoughts. Wagstaff, Brunas-Wagstaff , Knapton et al. (2004), suggested it is possible that such procedures might facilitate memory for certain kinds of material.

13. Focused Meditation Focussed Meditation For example, findings in the hypnosis literature suggest they might encourage a more ‘holistic’ or ‘global’’ mode of information processing along with an increase in right hemisphere processing (Brown & Oakely, 2006; Gur and Gur, 1974; Gruzelier, 1988; Gruzelier and Warren, 1993; McCormack and Gruzelier, 1993). These factors may facilitate memory for meaningful material that has emotional significance (Ali & Cimino, 1997; Kim et al., 1999; Macrae and Lewis, 2002 ; Nagae & Moscovitch, 2002; Sergent, 1985; Tanaka & Farah, 1993). Alternatively, or additionally, Focused Meditation might serve simply to aid concentration and reduce distractions, or optimise frontal processing (Wagstaff et al., 2004). Consequently, is possible that some hypnotic induction procedures may have a capacity to facilitate accurate memory, but because of the context or label of ‘hypnosis’, and associated situational demands and expectancies, this capacity is overshadowed by the production of response errors.

14. Focused meditation The focussed meditation instruction (1.5 min.)‏ This is a very simple focused breathing exercise designed to help you relax and concentrate. So sit comfortably; keep your spine straight; keep your back straight and focus your attention now on your breathing. As you breathe in and out in a natural manner, focus on your breathing; breathing in and out in a natural manner. Take a few deep conscious breaths but don't strain. Just focus on your breathing, breathing in and out in a natural manner. Let the flow of your breath settle into its own natural rhythm; keep focused and aware during the whole process but concentrate on your breathing, breathing in and out in a natural manner. Allow your attention to focus on the changing rhythms of your breathing; and if your attention begins to wander, gently but firmly bring it back to your breathing. Now keep focusing on your breathing as you listen to the following instructions. Throughout the following instructions continue focusing on your breathing, breathing in and out in a natural rhythm. Please continue the breathing exercises, and continue to focus your attention, throughout the task (interview) that follows. From Willcox, Willcox and Susuki (2001).

15. Eye-closure • Another feature of investigative hypnosis interviewing is the use of eye-closure. • Preliminary research by Wagstaff (1982) identified this as a potentially useful technique for facilitating memory. • Fisher and Geiselman (1992) advise its use with CI: so instruct witnesses: ‘This is a very difficult task and will require a lot of concentration. You’ll probably find it easier to concentrate if you close your eyes.’ (pp.133-134).

16. Eye-closure The eye-closure instruction • Please close your eyes throughout the following procedure. • Please keep your eyes closed whilst thinking about each question. • Open your eyes only to write down the answers to individual questions (make statement etc.).

17. Focused meditation and eyeclosure • Wagstaff et al. (2004a) showed that both the meditation and eyeclosure procedures increased recall in adults for Diana’s funeral without increase in errors (errors fewer in Meditation Condition). Most effective when two are combined. No effects for closed questions. • Correct • Free • Recall • Scores • Perfect, Wagstaff et al., (2007) found eye-closure by itself was effective in enhancing both visual and auditory information; but in general eye-closure effect sizes less than for meditation. • Wagstaff et al. (2004b, 2010) found both FM and eye-closure enhance person identification.

18. Focused meditation and eye-closure • How does FM compare with Context Reinstatement? • Hammond, Wagstaff et al. (2006) found both FM and CR improved memory of video for both children (11-12) and adults (18-74) . No increase in errors. Context reinstatement showed slightly better correct performance but greater confidence in errors. Similar effects for both free and cued recall. • Correct • Free • Recall

19. Getting the CONTEXT REINSTATEMENT instruction right Towards a set, generic protocol that officers can apply unmodified. Our studies show the following to be effective (Hammond Wagstaff and Cole, 2006; Caddick & Wagstaff, 2007; Wagstaff, Cole et al., 2007). This is a very simple procedure, designed to help you remember what happened during the incident you witnessed. I would like you to try and picture the events that you saw in the incident as if they were happening right now, right before your eyes. Run through what happened; try to replay the event in your head, as if it were a video that is replaying before you, which you are watching right now. What does the scene look like? Imagine you are there, look around….try to mentally note everything that you see. Think about what you see and what is happening before you. Think about what you were doing at the time. Can you hear any sounds, or any smells associated with the event? Try to picture what happened as if you were still there, and seeing the event for the first time. Think about everything that you saw, noting every single detail, no matter how small or irrelevant it may seem, even if this seems trivial. How do you feel seeing the incident? What are your reactions to what is happening? I’d like you to keep picturing and remembering what you saw, remembering the event as you answer the following questions. n.b. Witnesses only listen to the protocol; they should not respond whilst it is being read out to them.

20. Getting the CONTEXT REINSTATEMENT instruction right OR EVEN Now what I would like you to do is take yourself back in time to the event in question. Think about what you were doing at the time. Recall any sounds you could hear you could hear, or any smells you associate with the event. Try to recall the setting in which the event occurred. Think about your feelings and reactions to the event. Try and recall as much about the context or situation in which the event occurred as you can by mentally taking yourself back to that situation. But may work better with ‘lead up’ guided imagery instructions; ‘Try to think about what you were doing before the incident’ (Wagstaff and Jones, 2010).

21. Focused meditation and eye-closure • How does FM compare with Context Reinstatement? • Wagstaff , Wheatcroft et al. (2010a) repeated study with children aged 6-7. Meditation and CR procedures equally effective in facilitating both free and cued recall of memory for video of robbery. No changes in errors or confidence. • Correct • Recall

22. Focused meditation and eye-closure • What if you combine FM with Context Reinstatement? • Wagstaff, Cole et al. (2007) found that meditation plus eyeclosure with CR was more effective than CR alone (Diana’s funeral). Significant for both free and cued recall. No increase in errors or false confidence. • Correct • Recall

23. Focused meditation and eye-closure How does FM cope with misleading information? • Wagstaff , Wheatcroft et al. (2010c) looked at effects of Meditation with eye-closure on the GSS1. Meditation was given prior to GSS. Ss were told it was to improve their memory . All differences significant except for Yield1. • GSS • Scores

24. Focused meditation and eye-closure How does combined FM and CR cope with misleading information? • Wagstaff , Wheatcroft et al. (2010b) used standard misinformation paradigm with auditory stimulus (overhearing plans for bank robbery). Presented misleading information in form of second audio presentation. Then used combined meditation plus eye-closure with CR procedure before questionning. Free recall improved no increase in errors. No effects for cued recall. • Memory • Scores

25. Focused meditation and eye-closure Can eye-closure be a problem for some? • Wagstaff , Wheatcroft et al. (2010c) looked at effects on memory of meditation and eyeclosure , and the experience of eye-closure. Standard auditory misinformation paradigm. Significant enhancement of free recall but for Meditation only. No effects on errors. Similar effects for both free and cued recall, but latter only approached significance. Free Recall Correct Satisfaction with eyes instruction More satisfied with eyes open, but satisfaction with experience of eyes open/closed unrelated to memory performance; e.g. correlation between free recall correct and satisfaction r = -.074.

26. Focused Meditation with Eye-closure Are the effects of FM and eye-closure due simply to motivation? Unlikely. • Other motivating instructions do not produce equivalent results; e.g. EMDR (Eye-movement Desensitization and Re-programming) doesn’t work (Wagstaff, Cole et al., 2007). • Additive effects (FM + Eye-closure; FM + CR) unlikely to be due solely to motivation. • FM has a negative effect on memory tasks involving phonemic fluency (Wagstaff et al, 2004). Possible thatmemory facilitation may require an optimal level cognitive load which reduces executive interference (Wagstaff et al., 2004)

27. Focused Meditation with Eye-closure Summary of Findings: 1) Both brief FM and eye-closure instructions can enhance free recall and sometimes cued recall for both auditory and visual material (including person identification). 2) Some evidence that effects of FM and eye-closure are additive, but most reliable effects found with FM on free recall. 2) Brief CR instructions show similar effects to FM, but effects are additive when FM and CR are combined. 3) No evidence that FM or brief CR increases errors. 4) Some find eye-closure uncomfortable, but satisfaction with eye-closure not related to memory performance. 5) Efficacy of FM unlikely to be due simply to changes in motivation. Could work partly by optimising cognitive load.

28. Possible Quick Memory Enhancement Technique Brief Greet/Rapport/Explain protocol Brief protocols for • FOCUSED MEDITATION with EYECLOSURE • CONTEXT REINSTATEMENT (with or without report everything) Free Recall‏ Questioning Closure