Rock v. Arkansas

Summary

The Court, through Justice Blackmun, held that a criminal defendant has a constitutional right to testify and that Arkansas impermissibly infringed that right by categorically excluding hypnotically refreshed testimony. Although States may exclude unreliable testimony and impose reasonable evidentiary restrictions, Arkansas had not established that all posthypnosis recollections are unreliable, and its rule prevented consideration of safeguards and corroborating evidence in individual cases. The Court vacated the Arkansas Supreme Court's judgment and remanded without deciding whether Rock's testimony ultimately must be admitted. Chief Justice Rehnquist dissented, joined by Justices White, O'Connor, and Scalia, arguing that the acknowledged risks of hypnosis justified the exclusionary rule and that the Constitution did not require individualized reliability assessments.