This Note will trace the facts and history of the Borawick case. This Note will then discuss reliability problems associated with hypnotically-induced memories as well as the various approaches to admissibility of hypnotically-refreshed testimony. An explanation of the Second Circuit Court's analysis in Borawick follows. Finally, the Note will critique the Court's reasoning and suggest a possible remedy for the shortcomings of the Second Circuit's chosen approach to admissibility.
Kristy L. Topham,
Borawick v. Shay: The Admissibility of Hypnotically-Induced Memories, 27 Golden Gate U. L. Rev.