T.M. Babaev, N.V. Kargina
LEGAL PSYCHOLOGY
For students studying in the specialty "Psychology".
Approved by the RIS of the Academic Council of the Peoples' Friendship University of Russia Reviewers: V.S. Agapov, Doctor of Psychology, Professor (Russian Academy of Public Administration under the President of the Russian Federation), A.V. Gagarin, doctor pedagogical sciences, Professor (PFUR) This manual is a course of lectures on the discipline "Legal Psychology". This course is designed to contribute to the formation of the student's legal worldview and the position of a Worthy Person who knows his rights and obligations and is able to protect them. It is intended for students of psychology, teachers and graduate students. Prepared at the Department of Psychology and Pedagogy of the Philological Faculty of the Peoples' Friendship University of Russia. © RUDN University, 2009 © T.M. Babaev, © N.V. Kargina, 2009
PREFACE.
Dear students! Our time is characterized by a significant development of psychological science and its penetration into all spheres. human activity. This manual is a kind of "assistant" to a new science for you: legal psychology.
The course "Legal Psychology" was introduced into the training program for psychologists in order to teach students the use of psychological knowledge in the areas of law enforcement and law enforcement. At the same time, this course is intended to promote the formation of a legal worldview and the position of a Worthy Person who knows his rights and obligations and is able to protect them.
Despite the fact that today there is still no single, clearly substantiated opinion on the independence of legal psychology as a science, it can and should be considered as an interdisciplinary field of knowledge (psychology and jurisprudence), which is the basis of the relevant academic discipline.
Thus, the purpose of teaching legal psychology students is to prepare them for work in departments, divisions of state institutions, law enforcement agencies and independent activities in the process of psychological counseling of interrogators, investigators, judges, citizens with psychological and legal problems.
Legal psychology relies in its research on general psychology, which studies the basic patterns of manifestation of the psyche, develops methods and a system of general concepts, being a basic branch of fundamental importance. In their developments legal psychology also uses the knowledge gained in age, pedagogical, economic, social, differential and other branches of psychology.
During the course you will be able to:
Learn the features and patterns of development of legal psychology;
Master the methods of legal psychology;
Learn the problems of the emergence, formation of the structure and development of organized criminal groups;
Reveal the psychology of the personality of the offender;
Get acquainted with the laws of the underworld of youth;
Make sure that crime in general, and youth crime in particular, is an objective, natural social process. The underworld and society do not exist separately from each other;
Explore the subculture of the community, understand inner essence underworld;
Create professiograms of legal professions.
The purpose of this course is not only to master the material you have studied, but also to creatively apply the acquired knowledge in everyday activities.
For each topic covered:
Lecture course plan;
Short lecture course;
Issues for discussion;
Topics of abstracts and messages;
Literature.
I. Subject, methods and structure of legal psychology
Subject, goals, objectives, methods and structure of legal psychology.
The idea of legal psychology as a science. The subject and methods of legal psychology (structural analysis, qualitative and quantitative analysis, psychological impact on a person, forensic psychological examination, observation, experiment, interview). Tasks and goals of legal psychology.
Issues for discussion.
The subject of legal psychology, goals and objectives.
Research methods used in legal psychology.
Classification of methods of legal psychology.
Types of survey (conversation, interview, questionnaire), the specifics of their application.
System (structure) of legal psychology.
Legal psychology as a science studies the mental patterns of psychological knowledge. which are applied in the field legal regulation and legal activities.
legal psychology- a branch of science that studies the patterns and mechanisms of mental activity of people in the sphere of relations regulated by law.
Legal psychology includes various areas of scientific knowledge, is an applied science and equally belongs to both psychology and jurisprudence. in the field of public relations, regulated law, the mental activity of people acquires peculiar features, which are due to the specifics of human activity in the field of legal regulation.
Psychology is the only science capable of providing not only knowledge of mental activity, but also its management.
The subject of legal psychology is psychological phenomena in the field of law enforcement, or more precisely, the psychological characteristics and patterns of the psyche of the individual and the psychology of groups of people whose activities are related to rule-making, rule enforcement and adherence to legal norms (or violation of the rule of law).
common task legal psychology is the study of the basic patterns and psychological characteristics of law enforcement. Private tasks include:
Implementation of the scientific synthesis of knowledge of the psychological and legal plan;
Disclosure to a sufficient extent of the psychological and legal essence of the basic legal categories;
Ensuring a sufficiently clear understanding by lawyers of the object of their professional activity - human behavior;
Disclosure of the activities of various subjects of legal relations, as well as their mental states in numerous situations of law enforcement and law enforcement;
It should be noted that psychological knowledge is required for a lawyer in order to fully understand the essence of the basic criminal law categories, which include the motive, purpose of the crime and the personality of the offender himself.
Legal psychology solves the problems of mental support for law enforcement. The psychological support of the work of law enforcement officers is understood as a system of conscious, purposeful, correct and prompt use of the possibilities of psychology, psychological methods and means that ensure the successful solution of problems of various types law enforcement.
Such psychological support performs a number features:
a) educational (equipping lawyers with the necessary amount of psychological knowledge, skills and abilities);
b) conceptual (achieving the right attitude of lawyers to taking into account the psychology of their activities, overcoming internal barriers and attitudes);
c) scientifically orienting (the formation of lawyers adequate to modern knowledge of the scientific principles of the psychological approach, normative behavior, criteria for evaluating other people taken into account in legal activities);
d) regulatory (creation of appropriate working motivation and incentives to use psychologically effective forms, methods and techniques of a lawyer's activity);
e) preventive (ensuring the prevention of lawyers from psychological errors, negative psychological consequences).
object psychological science the psyche acts as a property of highly organized matter, which is a special form of reflection by the subject of objective reality, the construction of an inalienable picture of the world, self-regulation on this basis of behavior and activity.
Subject legal psychology – it is not the sum of the subjects of psychology and jurisprudence, i.e. not mental phenomena, processes, states plus state-legal phenomena, not individual fragments of reality in a psychological color, but the psychology of state-legal phenomena as an integrity in which it is impossible to mechanically separate the psychological from the legal, but it is only possible to single out the psychological and legal subsystems that are in movement, development, continuous communication.
This set includes or in the future will include the psychology of personality in law, the psychology of legal behavior, the psychology of the activities of legal bodies and authorized persons endowed with rights and obligations, the personality of a lawyer, etc. At the same time, using a systematic approach, psychological components can be distinguished in the subject - processes, state, phenomena, activity, personality behavior, communication, etc. or legal - legal capacity, legal capacity, sanity, guilt, intent, motive, etc.
Methods of legal psychology.
The methods of legal psychology include the following methods of its research :
- method structural analysis - is aimed at identifying structural and functional dependencies in the phenomenon to be investigated. With the help of this method, the identity of the offender is studied.
- method of structural genetic analysis - aimed at studying the emergence and development of the object under study;
- method of natural experiment - is aimed at the study by the subject of the experiment environment, which is perceived by him as a genuine event;
conversation method, i.e., confidential communication with the person under study using indirect questions;
- study method civil and criminal cases, as well as investigative and judicial errors in order to fully investigate the personality of various subjects of legal relations;
- biographical method - with its help, a person is examined from the biography of the person under investigation and documents belonging to him;
- method of generalization of independent characteristics allows you to come to reasonable conclusions as a result of the study of service and other characteristics of the individual;
- case study method - consists in an in-depth study of a socio-psychological phenomenon on one specific object.
System (structure) of legal psychology.
The structure of legal psychology represents a circle of problems studied by it, which are determined by the very logic of legal regulation.
Legal psychology has its own system, consisting of the following sections:
- legal psychology studying law as a factor in the social regulation of behavior, as well as the psychology of legal consciousness;
- criminal psychology , the subject of study of which is the psychology of committing a criminal act, guilt and responsibility;
- psychology of criminal justice, studying psychology investigative actions in the general system of investigation and forensic psychological examination in criminal proceedings;
- psychology of judicial activity, consisting of psychological characteristics judicial investigation, its participants and the psychology of judicial debate;
- correctional psychology, whose tasks are to study the psychological problems of the punishment itself, the re-education of persons who have committed crimes, their involvement in labor activity and adaptation to a normal existence in society;
- psychology of civil law regulation - consists of the psychology of civil legal relations and the psychological characteristics of the organization of judicial consideration of civil cases.
Topics of abstracts and messages.
1. Subject and method of legal psychology.
2.Goals and main tasks of legal psychology as a science.
3.Specific application of various methods of legal psychology.
4.Methods of forensic psychological examination.
II. HISTORY OF THE DEVELOPMENT OF LEGAL PSYCHOLOGY.
Legal psychology is one of the relatively young branches of psychological science. The first attempts to systematically solve some problems of jurisprudence by the methods of psychology. The history of the development of legal psychology.
Issues for discussion.
1. Early history of legal psychology - XVIII century. and the first half of the 19th century.
2. The initial design of legal psychology as a science - late XIX in. and the beginning of the 20th century.
3. History of legal psychology in the XX century.
Early history of legal psychology.
Like most of the new sciences that arose at the junction of various branches of knowledge, legal psychology in the early stages of its development was not independent and did not have special personnel. Individual psychologists, lawyers and scientists who specialized in other fields of knowledge have tried to solve issues related to this discipline. The initial stage of development is associated with the need to turn the legal sciences to psychology in order to solve specific problems that could not be solved by traditional methods of jurisprudence. Legal psychology, like many other branches of psychological science, has gone from purely speculative constructions to scientific and experimental research.
One of the first authors who considered a number of forensic psychological aspects in the context of the idea of humanism was M.M. Shcherbatov (1733 -1790). In his writings, he demanded that laws be drafted with individual characteristics personality of a person, one of the first he raised the issue of parole - early release from punishment. He positively assessed the labor factor in the re-education of a criminal.
Of interest are the works of I.T. Pososhkov (1652-1726), which gave psychological recommendations regarding the interrogation of the accused and witnesses, the classification of criminals, and touched upon some other issues.
The spread of the idea of correction and re-education of the criminal made it necessary to turn to psychology for their scientific substantiation. Over it in early XIX century in Russia worked V.K. Elpatievskiy, P.D. Lodiy, L.S. Gordienko, X. Stelzer and others.
However, psychology itself, which at that time was of a metaphysical, speculative nature, could not, even in alliance with criminal law, develop sufficiently substantiated criteria and methods for studying the human personality.
A significant number of works on legal psychology appeared in Russia in the third quarter of the 19th century. These are the works of I.S. Barshev "A look at the science of criminal law", K.Ya. Yanovich-Yanevsky “Thoughts about criminal justice from the point of view of psychology and physiology”, A.U. Frese "Essay on Forensic Psychology", L.E. Vladimirov "Mental characteristics of criminals according to the latest research" and some others.
In these works, thoughts were expressed about the purely pragmatic use of psychological knowledge in the specific activities of judicial and investigative bodies. So, I.S. Barshev wrote that if the judge does not know psychology, then it will be "judgment is not over living beings, but over corpses."
An attempt to use the data of psychology in the investigation of crimes was made in the works of German scientists I. Hofbauer "Psychology in its main applications in judicial life" (1808) and I. Friedrich "Systematic Guide to Forensic Psychology" (1835).
The psychological issues of evaluating testimonies also occupied the outstanding French mathematician Pierre Simon Laplace. In "Experiences in the Philosophy of the Theory of Probability", published in France in 1814, P.S. Laplace makes an attempt to give a materialistic interpretation of the question of the reliability of judicial decisions. He believed that the probability that a given testimony is true is summed up:
from the probabilities of the event itself, about which the witness narrates;
from the probability of four hypotheses regarding the interrogated:
a) the witness does not make mistakes and does not lie;
b) the witness does not lie, but is mistaken;
c) the witness is not mistaken, but lies;
d) the witness both lies and makes mistakes.
Laplace understood how difficult it was to assess the truthfulness or falsity of witnesses' testimonies due to the large number of accompanying circumstances, but he believed that the court in its judgments relies not on mathematical certainty, but only on probability. But, nevertheless, Laplace's scheme is interesting, as the first attempt to create scientific methodology appraisal of evidence.
Formation of legal psychology as a science.
Late 19th and early 20th centuries associated with the intensive development of psychology, psychiatry and a number of legal disciplines (primarily criminal law). A number of scientists representing these sciences at that time occupied progressive positions (I.M. Sechenov, V.M. Bekhterev, S.S. Korsakov, V.P. Serbsky, A.F. Koni and others).
The development of psychology, psychiatry and law led to the need to formalize legal psychology as an independent scientific discipline. P.I. Kovalevsky in 1899 raised the question of the separation of psychopathology and legal psychology, as well as the introduction of these sciences into the course of legal education.
Around the same period, a struggle broke out between the anthropological and sociological schools of criminal law. The founder of the anthropological school was C. Lombroso, who created the theory of the “innate criminal”, which, due to its natural characteristics, cannot be corrected.
Representatives of the sociological school used the ideas of utopian socialism and attached decisive importance in explaining the causes of crime to social factors. Some of the ideas of the sociological school carried elements that were progressive for their time.
At the beginning of the 20th century, experimental research methods began to be used in legal psychology.
A significant number of works of this period are devoted to the psychology of testimonies. These are the works of I. N. Kholchev “Dreamy lies”, G. Portugalov “On the testimony” (1903), E.M. Kulischer, The Psychology of Testimony and Judicial Investigation (1904). On the same topic, reports were made by M.M. Khomyakov "On the question of the psychology of the witness" (1903), A.V. Zavadsky and A.I. Elistratov “On the influence of questions without suggestion on the reliability of witness testimony” (1904), O.B. Goldovsky "Psychology of testimonies" (1904). The works of L.E. Vladimirova, G.S. Feldstein, M..N. Gernet, which explore the psychology of the criminal's personality.
The most comprehensive work in forensic psychology
belonged to Hans Gross. In his "Criminal Psychology", published in 1898, the results of experimental studies of a number of psychologists were used.
In the study of the psychology of crime investigation, a major step forward was the direct application of the experimental method of psychology. One of the creators of this method, the French psychologist Alfred Binet, was the first to experimentally study the question of the influence of suggestion on children's testimony. In 1900, he published a book entitled Suggestibility, in which a special chapter is devoted to the influence of suggestion on children's testimony. In it, A. Binet draws interesting conclusions: 1) answers to questions always contain errors; 2) in order to correctly assess the testimony in the minutes of court sessions, both questions and answers to them should be stated in detail.
In 1902, experiments to determine the degree of reliability of testimonies were carried out by the German psychologist William Stern. Based on his data, V. Stern argued that the testimony is fundamentally unreliable, vicious, since "Forgetting is the rule, and remembering is the exception." V. Stern reported the results of his research at a meeting of the Berlin Psychological Society, and in Europe they aroused great interest in legal circles. Subsequently, V. Stern created a personalistic concept of memory, which had a pronounced idealistic character. According to this concept, human memory is not a reflection of objective reality, but acts only as its distortion for the sake of the selfish interests of the individual, his individualistic intentions, pride, vanity, ambition, etc.
V. Stern's report caused a stormy reaction among Russian lawyers as well. The ardent supporters of V. Stern in Russia were O.B. Goldovsky and professor of Kazan University A.V. Zavadsky and A..I. Elistratov. They independently conducted a series of experiments similar to those of B. Stern and drew similar conclusions. O.B. himself Goldovsky said: “The psychological reasons for errors are different, and the conclusion from comparing the picture reproduced by the witness with reality is very sad. The witness does not give an exact copy, but only a surrogate for it.
In Germany, O. Lippmann, A. Kramer, V. F. List, S. Jaffa, and others also dealt with issues of forensic psychology. Since 1903, V. Stern, with the cooperation of List and Gross, began to publish the journal Reports on the Psychology of Testimony.
Research on forensic psychology was also carried out in other countries: in France - by Claparede, in the USA - by Meyers, and also by Cattell, who in 1895 conducted an experiment with students' memory, and then proposed compiling an index of the degrees of accuracy of witness testimony.
Characteristic is the review of V. Stern's experiments by Chief Prosecutor of the Criminal Cassation Department of the Senate of Russia (later Minister of Justice) I. G. Shcheglovitov. He wrote: "The latest observations show that the testimonies contain many involuntary distortions of the truth, and therefore it is necessary to avoid establishing the external situation of the crime solely with the help of witnesses."
However, it should be noted that not all lawyers and psychologists of that period shared a negative attitude towards testimonies. Among them, first of all, one should name the largest Russian lawyer A.F. Horses. In the debate on the report of O. Goldovsky "On the Psychology of Witness Testimony" at a meeting of the criminal department of the law society of St. Petersburg University, A..F. Koni sharply opposed the conclusions of V. Stern and O. Goldovsky. He said: "One cannot hide the fact that Stern's investigations are extremely one-sided, one cannot also hide the fact that, in essence, this is just as much a campaign against witnesses as it is against judges and especially jurors." Later, at a meeting of the same society, A.F. Koni delivered an independent report on the same issue, which in essence was a response to unfounded allegations about the unreliability of witness testimony.
Scientists of Kazan University. A. Lazarev and V. I. Valitsky stated that Stern’s provisions will not matter for practice, that the most important evil in witness testimony is not involuntary errors, but the conscious lie of witnesses, which is more common than is commonly believed: almost three-quarters of witnesses deviate from truth.
In their psychological research, V. Stern and others showed a lack of understanding of the peculiarities of the mental reflection of objective reality. Yes, essence involuntary memory they considered it as an accidental result of passive imprinting by the brain of the factors acting on it. A review of various theories of memory in foreign psychology showed that "the main and common defect for them is that memory was not studied as a product of activity, and, above all, the subject's practical activity, and also as a special, independent ideal activity." This was one of the main reasons that gave rise to both mechanistic and idealistic ideas about memory.
In the middle of the XIX century. Cesare Lombroso was one of the first to attempt to scientifically explain the nature of criminal behavior from the standpoint of anthropology. Lombroso's theory finds followers in our time. Echoes of it can be found in modern theories, such as Klinefelter's theory of chromosomal abnormalities, in Freudian and neo-Freudian teachings about innate aggression and destructive drives.
Obviously, if one follows the logic of Ch. Lombroso's anthropological theory to the end, then the fight against crime should be carried out through the physical destruction or lifelong isolation of "innate" criminals. The biologizing approach in explaining the nature of criminal behavior was already subjected to serious, fair criticism by Lombroso's contemporaries, when crime began to be studied as a social phenomenon.
History of legal psychology in the XX century.
Late XIX - early XX century. characterized by the sociologization of criminological knowledge. The causes of crime as a social phenomenon began to be studied by sociologists J. Quetelet, E. Durkheim, P. Dupoty, M. Weber, L. Levy-Bruhl and others, who, using the method of social statistics, overcame the anthropological approach in explaining the nature of criminal behavior, showing the dependence of deviant behavior on social conditions. For their time, these works were, of course, a progressive phenomenon.
A solid statistical analysis of various abnormal manifestations (crime, suicide, prostitution) for a certain historical period, carried out, in particular, by Jean Quetelet, Emile Durkheim, showed that the number of anomalies in people's behavior every time inevitably increased during wars, economic crises, social upheavals , which convincingly refuted the theory of the "innate" criminal, pointing to the social roots of this phenomenon.
These facts are reflected, in particular, in a number of socio-psychological theories of crime by American social psychologists of this period - R. Merton, J. Starland, D. Mats, T. Sykes, E. Gluck, etc. The works of these authors present a variety of approaches to explaining the nature of delinquent (a subject whose deviant behavior in extreme manifestations is a criminally punishable action) behavior through various socio-psychological phenomena and mechanisms that regulate the interaction and behavior of people in a group. Feature many socio-psychological theories of crime - the lack of a methodological platform, ignoring the socio-economic determinism of crime and other negative social phenomena.
A distinctive feature of modern criminological knowledge is systems approach to the consideration and study of the causes and factors of deviant behavior, the development of the problem at the same time by representatives of various sciences: lawyers, sociologists, psychologists, physicians.
This, in turn, makes it possible to approach the practice of crime prevention in a comprehensive manner. A significant role is played by the psychological and pedagogical support of law enforcement, preventive and penitentiary activities of the relevant social institutions.
Modern biological criminological theories are far from being as naive as Lombroso in explaining the nature of criminal behavior. They build their arguments on the achievements of modern sciences: genetics, psychology, psychoanalysis. For example, one of the sensations of the 1970s. was the discovery of the so-called Klinefelter syndrome: chromosomal disorders of type 74XVV with a normal set of chromosomes in men among criminals are 36 times more common.
A hypothesis was also tested, according to which chromosomal abnormalities are more common not in all criminals, but primarily among persons tall. The American National Center for Mental Health published a report in 1970 that included a review of 45 studies of the alleged link between chromosomal abnormalities and crime. A total of 5342 criminals were investigated, while a group of tall people was specially selected, which is allegedly most often associated with aggressive behavior in chromosomal disorders. Among these individuals, chromosomal abnormalities were found in 2%, among criminals of any height - 0.7%, among the control group of law-abiding citizens, which amounted to 327 people - 0.1%. In essence, this study established some minimal association of chromosomal abnormalities not so much with crime as with mental illness.
At the International Conference in France in 1972, researchers from different countries expressed the unanimous opinion that the relationship between gene disorders and crime is not statistically confirmed.
Thus, the theory of chromosomal anomalies, as once the anthropological theory of crime, did not find its confirmation on closer examination and was subjected to serious justified criticism.
Behavior, the purpose of which is to harm some object or person, arises, according to Freudians and neo-Freudians, as a result of the fact that, according to various reasons individual unconscious innate drives do not receive realization, which causes aggression. As such unconscious innate drives, 3. Freud considered libido, A. Adler - the desire for power, for superiority over others, E. Fromm - the desire for destruction.
Obviously, in this case, aggressiveness must inevitably arise in any person with innate, strongly expressed unconscious drives, which are far from always able to be realized in life and therefore find their way out in destructive behavior.
However, subsequent researchers of aggressiveness and its nature, both abroad and in our country (A. Bandura, D. Bergkovets, A. Bass, E. Kvyatkovskaya-Tokhovich, S.N. Enikolopov and others) significantly changed the point of view on the nature of aggression and its expression.
An increasing role in the nature of aggression is assigned to social factors that act in vivo. So, A. Bandura believes that aggression is the result of a distorted process of socialization, in particular, the result of parental abuse of punishments, cruel attitude to children.. A. Bergkovets points out that between the objective situation and the aggressive behavior of a person there are always two mediating reasons: readiness for aggression (anger) and interpretation of this situation.
Individual psychosomatic and gender and age characteristics, as well as deviations associated with them (mental retardation, neuropsychic and somatic pathology, age-related crisis periods of development, etc.) are considered as psychobiological prerequisites for antisocial behavior that can impede the social adaptation of an individual, by no means without being the cause of criminal behavior.
These include the theory of "social anomaly" by R. Merton, which is built on the hypothesis of withering away, the falling away of moral norms in delinquent behavior (sociology of crime); the theory of "neutralization" by D. Mats and T. Sykes, who believe that the offender as a whole shares the generally accepted norms of morality, but justifies his criminal behavior.
In 1925, for the first time in the world, the State Institute for the Study of Crime and the Criminal was organized in our country. During the first five years of its existence, this institute published a significant number of works on legal psychology. Special offices for the study of the criminal and crime were organized in Moscow, Leningrad, Saratov, Kyiv, Kharkov, Minsk, Baku and other cities.
At the same time, research was carried out on the psychology of testimonies, on psychological examination and some other problems.
Interesting research was conducted by psychologist A.R. Luria in the laboratory of experimental psychology, established in 1927 at the Moscow Provincial Prosecutor's Office. He studied the possibilities of using the methods of experimental psychology for investigating crimes and formulated the principles of operation of the device, which later received the name of the "debunker of lies" (barking detector).
A significant contribution to the development of legal psychology of that time was made by such well-known specialists as V. M. Bekhterev and A. F. Koni.
Lawyers and psychologists persistently searched for new forms of combating crime. The new social system saw in the criminal, first of all, a person. This humanistic principle, which formed the basis of the Soviet legislative regulation of the issues of proof, naturally increased the interest in the psychological characteristics of people involved in the orbit of criminal justice, introduced psychology into the circle of problems, the study of which was important for the successful investigation of crimes.
The well-known domestic psychologist A. V. Petrovsky described the essence of forensic psychological research of that period as follows: “In the 1920s. "forensic psychology" is an authoritative and extensive field of science, which has the subject of study of the psychological prerequisites for a crime, the life and psychology of various groups of criminals, the psychology of testimonies and forensic psychological examination, the psychology of a prisoner (prison psychology), etc.
In those years, the works of Western scientists were translated into Russian and published: G. Gross, O. Lippmann, E. Stern, M. Goering, G. Munsterberg, A. Gelwig.
In 1922, A.F. Koni published the pamphlet "Memory and Attention", which outlined the problems of testimonies. A.R. Luria, in a number of his studies, subjected the essence of testimonies to a special psychological analysis. A well-known forensic psychologist A.E. Brusilovsky paid much attention to the psychology of testimonies. Special attention should be paid to the studies of A.S. Tager, who did a lot for forensic psychology in general and for the psychology of witness testimony in particular. He believed that the criminal process is a genuine research process and that the formation and study of the scientific foundations of its premises cannot but provide significant material for lawmaking.
December 17, 1928 A..S. Tager made a report "On the results and prospects of the study of forensic psychology" at the Council of the Psychological Institute. Together with A. E. Brusilovsky, S. V. Poznyshev, S. G. Gellerstein, he took an active part in the work of the First All-Union Congress on the Study of Human Behavior (Moscow, 1930). The congress had a special section on forensic psychology, where various issues of studying psychological problems related to the fight against crime were discussed.
Reports by A. S. Tager “On the results and prospects of the study of forensic psychology” and A. E. Brusilovsky “The main problems of the psychology of the defendant in criminal proceedings” were heard.
At the Moscow State Institute of Experimental Psychology (now the Institute of Psychology of the Russian Academy of Sciences), A. S. Tager led experimental work on the psychology of testimonies. He compiled a research program that covered the formation of witness testimony from the process of perceiving facts and phenomena in various situations to their procedural consolidation. Tager was looking for forms of research that would reveal the features of the formation of testimony, taking into account the psychological skills of witnesses, depending on the profession, age, emotional states, etc.
A significant contribution to the formation and development of legal psychology was made by V. V. Romanov, M. I. Enikeev: the first - in the field of introducing legal psychology into the field of military justice, and the second - in the field of organizing the teaching of this discipline in Moscow universities.
In June 1989, an All-Union Seminar-Conference of Teachers of Legal Psychology was organized in Leningrad on the basis of the IPC for prosecutorial and investigative workers. Its participants considered and approved the proposal proposed in the report by prof. V.L. Vasiliev program of the university course of the subject "Legal Psychology". In accordance with this program, V. L. Vasiliev created the textbook "Legal Psychology".
Such, in the most general terms, is the history of the origin and development of legal psychology.
Themes of abstracts and communications.
Formation of legal psychology as a science.
Development of domestic legal psychology.
The life and work of domestic psychologists (by choice of A. R. Luria, A. F. Koni, V. M. Bekhterev, K. I. Sotonin, A. E. Brusilovsky, V. L. Vasiliev).
Legal psychology Vasiliev Vladislav Leonidovich
Chapter 1 SUBJECT AND SYSTEM OF LEGAL PSYCHOLOGY
Chapter 1 SUBJECT AND SYSTEM OF LEGAL PSYCHOLOGY
Legal psychology includes various areas of scientific knowledge, is applied discipline and equally belongs to both psychology and jurisprudence. In the area of public relations regulated by the rule of law, the mental activity of people acquires peculiar features, which are due to the specifics of human activity in the field of legal regulation.
Law is always associated with the normative behavior of people. Below we will briefly consider this concept, after which we will move on to the consideration of the systems "man - law" and "man - law - society", and then - to the analysis of law enforcement and other types of legal activity.
Being an active member of society, a person performs actions, actions that are subject to certain rules. The rules that are obligatory for a particular community of people are called norms of behavior and are established by the people themselves in the interests of either the whole society or individual groups and classes.
All norms of behavior are usually divided into technical and social. The former regulate human activity in the use of resources (rates of fuel consumption, electricity, water, etc.) and tools. Social norms govern relationships between people.
Social norms include customs, morality and law. All social norms, based on the assessments accepted in society, require either abstention from certain actions, or the performance of some kind of active actions.
The methodological feature of legal psychology is that the center of gravity in cognition is transferred to the individual as the subject of activity. Thus, if the law primarily singles out the offender in a person, then legal psychology examines the person in the offender, witness, victim, etc.
Mental states, as well as stable features of the character and personality of the victim, offender, witness, develop and proceed, obeying general psychological and psychophysiological laws. The specificity of the subject of legal psychology lies in the originality of the vision of these states, in the study of their legal significance for establishing the truth, in search of scientifically based methods to reduce the possibility of violating legal norms by psychological correction these conditions, as well as the personality traits of offenders.
The investigator, conducting a preliminary investigation, and the court, examining the case in court, find out the complex interweaving of human relationships, sometimes difficult to account for the psychological qualities of people and the motives that pushed a person to commit a crime. So, in cases of murder, incitement to suicide, intentional infliction of grievous bodily harm, hooliganism, theft, the cases are considered, in essence, psychological issues- self-interest and revenge, deceit and cruelty, love and jealousy, etc. At the same time, the judge, prosecutor, investigator, employee of the bodies of inquiry deal not only with criminals, but also with the most different people acting as witnesses, victims, experts, witnesses. The personality of each of them has developed in certain conditions. public life, individual styles of thinking, their characters are not the same, their attitudes towards themselves, towards the world around them are peculiar.
Understanding exactly why we do things the way we do enables us to better understand our lives and manage them more consciously. Judge and investigator, prosecutor and defender, administrator and educator penal colony must be armed with the psychological knowledge to properly navigate the complex and intricate relationships and conflicts they have to deal with. Undoubtedly, knowledge of psychological science is necessary for everyone who deals with people, who is called upon to influence them, to conduct educational work. The science of human mental life and activity, which studies such processes as sensation and perception, memory and thinking, feelings and will, personality traits with individual characteristics (temperament, character, age, inclinations), cannot but have the most direct relationship to the disclosure and investigation of crimes, the consideration of cases in court.
To a large extent, the tasks of legal psychology are determined by the need to improve the practical activities of the judiciary.
Employees of the investigation and the court, daily faced with various manifestations of the psyche of the defendant, victim, witness, of course, try to understand the complexities of their spiritual world in order to correctly understand and properly evaluate it. The professions of the investigator, prosecutor and judge are gradually forming certain ideas about human psyche, forcing them to operate with the provisions of practical psychology and to be somewhat knowledgeable in this area. However, the volume and quality of such knowledge, mostly intuitive, cannot go beyond the individual experience and personal data of an employee. In addition, such empirical knowledge about peace of mind of a person, acquired from time to time, are unsystematic and therefore cannot satisfy the ever-increasing demands of life. For the most objective and qualified solution of many issues that constantly arise before forensic investigators, along with legal and general erudition, professional experience also requires extensive psychological knowledge.
The peculiarities of the work of these workers make moral and psychological hardening necessary, because they are associated with a significant strain of mental and moral forces.
A significant increase in crime, as well as the development of its most dangerous forms (organized crime, sexually motivated murders, contract killings, etc.) place demands on improving the efficiency of activities law enforcement system. On the other hand, the protection of the rights and interests of individual citizens in the process of bringing them to criminal responsibility and the tendency to humanize the process of investigation and judicial review of criminal cases are increasing, which determines the need for a high level of professional competence of law enforcement officials as the main integral factor that ensures both the protection of the interests of individual persons and organizations from criminal encroachments, and observance of all legitimate rights and interests of citizens and collectives, as well as observance of ethical standards. Professional competence itself is largely determined by the personal potential of a lawyer, that is, by a system of psychological factors that can be combined under the general concept of “psychological culture”.
The psychological culture of a lawyer is a complex of psychological knowledge, including the psychology of personality and activity, the psychology of legal work and psychological characteristics individual legal professions, skills and techniques for using this knowledge in professional situations in the process of communication.
Lawyers need to be able to rationally distribute their strengths and abilities in order to maintain the effectiveness of work throughout the working day, to master professional psychological qualities in order to obtain optimal evidentiary data with the least expenditure of nervous energy. In the consistent development of such professional qualities as flexibility of mind and character, sharp observation and tenacious memory, self-control and endurance, integrity and justice, organization and independence, great importance have the recommendations of psychological science, which indicates the ways and means of their formation. Along with this, further growth in the efficiency of the work of forensic investigators requires a comprehensive, deep development of the psychological foundations of forensic tactics, as well as the study or knowledge of the psychology of other participants in criminal proceedings (the accused, the victim, the witness, etc.). Psychological competence forensic investigators helps "to prevent sometimes grave errors that may arise in judging human actions due to underestimation of psychological factors."
Legal psychology is a scientific and practical discipline that studies psychological patterns system "man - right, develops recommendations aimed at improving the effectiveness of this system.
The methodological basis of legal psychology is a system-structural analysis of the process of activity, which is considered in conjunction with the structure of the personality and the system of legal norms.
Thus, the focus of this science is the psychological problems of harmonizing man and law as elements of one system.
Exploring the problem of the subject and system of legal psychology, we proceed from the fundamental position that psychological patterns in the field of law enforcement activity are divided into two large categories: law-abiding activity and activity associated with certain offenses.
These methodological prerequisites, as well as the principle of hierarchy, determine the construction of a system of legal psychology, in which psychological patterns are consistently analyzed in the field of law-abiding behavior and in the field of social pathology (see the diagram on p. 16).
The general part of legal psychology outlines the subject, system, history, methods, connection with other scientific disciplines, as well as the foundations of the general and social psychology. A special section tells about the patterns of law-abiding behavior, legal consciousness and intuition of the individual, their role in the formation of the individual's immunity to a criminogenic situation.
In two large sections of the general part of legal psychology, the psychology of legal relations in the field of entrepreneurial activity and the psychology of legal labor are also considered.
A special part of legal psychology, which is often called forensic psychology, consists of the following sections: criminal psychology, psychology of the victim, psychology of juvenile delinquency, investigative psychology, psychology of the judicial process, forensic psychological examination and correctional labor psychology.
Legal psychology studies a person in its entirety, on the other hand, legal aspects are clearly expressed in this scientific discipline, which determine the complex of objective patterns studied by it. She develops psychological foundations:
Law-abiding behavior (legal awareness, morality, public opinion, social stereotypes);
Criminal behavior (the structure of the offender's personality, the criminal stereotype, the structure of the criminal group, the criminogenic situation, the structure of the victim's personality and the role of these structures in the genesis of criminal behavior);
Law enforcement (crime prevention, investigative psychology, psychology of the trial, forensic psychological examination);
Resocialization of offenders (correctional labor psychology, psychology of adaptation after release from ITU);
Behavior of minors (psychological features of the problems outlined above);
The use of a psychologist as a consultant, specialist and expert in the preliminary and judicial investigation.
Legal psychology solves the following tasks:
The study of the psychological patterns of the impact of law and law enforcement on individuals, groups and collectives;
System of Legal Psychology
Along with the development of criminal psychology, the psychology of the victim, investigative psychology and other disciplines that are part of the structure of a special part of legal psychology, in recent years our country has conducted intensive research into the psychology of legal labor (in particular, its individual aspects), as a result of which professiograms of legal professions, methods of professional selection and professional orientation in the field of jurisprudence have been developed.
To optimize law enforcement, it is necessary, firstly, detailed description all aspects of this complex professional activity, personal qualities and skills that are realized in it, and, secondly, scientifically informed recommendations on the conformity of a particular human personality with the objective requirements for the profession of lawyers, and on the methodology for the selection and placement of legal personnel.
The psychology of legal work is an independent psychological discipline; the complex of the main problems studied by her is connected with legal professiography, professional consultation and orientation, professional selection and professional education, specialization and prevention of professional deformation of the psyche of law enforcement officers. However, there whole line border areas, because of which this discipline is included in the system of legal psychology, for example: the individual characteristics of the personality of an employee and their implementation in law enforcement (individual style of interrogation); the role of personal qualities in achieving success (or failure) in various professional situations, etc.
Legal psychology in its modern sense is a science that studies various psychological aspects of a person and activity in the context of legal regulation. It can successfully develop and solve the complex of tasks facing it only thanks to a systematic approach.
For modern science characterized by a combination of two opposite trends - the increasing differentiation and integration of various branches of science. emergence special disciplines explained, of course, by the growing differentiation and progress analytical methods. However, in the field of human knowledge, this trend is intertwined with synthetic approaches to holistic or complex types of human activity. Therefore, specialization in this area is most often combined with the unification of individual private theories into general theory of this or that formation, property or type of human activity.
Various scientific disciplines different approaches to the study of the genesis of offenses, since the structure of a particular offense can be analyzed from different points of view. The legal approach characterizes it as an act consisting of four elements: object, subject, objective and subjective sides. For criminology, sociology and psychology, a dynamic genetic approach is more productive, which makes it possible to study human behavior in development.
From the book Psychology and Pedagogy: Cheat Sheet author author unknown From the book Management Psychology: tutorial author Antonova NataliaChapter 1 SUBJECT OF MANAGEMENT PSYCHOLOGY
From the book Legal Psychology. cheat sheets author Solovieva Maria Alexandrovna2. The subject of legal psychology, its goals and objectives Legal psychology is integrative in nature, as it is at the intersection of jurisprudence and psychology. The composition of legal psychology includes legal psychology, which deals with the study of legal
From the book Fundamentals of General Psychology author Rubinshtein Sergei Leonidovich3. Methods of legal psychology Legal psychology studies mass phenomena characteristic of social psychology (social, collective, group goals, interests, requests, motives, opinions, norms of behavior, customs and traditions, moods, etc.);
From the book Psychology. Textbook for high school. author Teplov B. M.CHAPTER I THE SUBJECT OF PSYCHOLOGY
From the book Legal Psychology [With the Basics of General and Social Psychology] author Enikeev Marat IskhakovichChapter I. SUBJECT OF PSYCHOLOGY §1. General concept about the psyche Psychology is a science that studies the human psyche. The psyche refers to our feelings, ideas, thoughts, aspirations, desires, well known to every person in his own experience. The psyche also includes
From the book Legal Psychology author Vasiliev Vladislav LeonidovichChapter 1 Methodological foundations legal psychology § 1. The subject and tasks of legal psychology Legal psychology studies the psychological aspects of law, legal regulation and legal activity, explores the problems of increasing efficiency
From the author's book§ 1. The subject and tasks of legal psychology Legal psychology studies the psychological aspects of law, legal regulation and legal activity, explores the problems of increasing the effectiveness of lawmaking, law enforcement, law enforcement and
From the author's book§ 2. System (structure) of legal psychology Legal psychology has its own methodology and system of categories (thesaurus). It consists of a number of sections, each of which has a corresponding substructure.1. Methodological foundations of legal psychology:
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From the author's book2.2. Formation of legal psychology as a science Late 19th and early 20th centuries associated with the intensive development of psychology, psychiatry and a number of legal disciplines (primarily criminal law). A number of scientists representing these sciences at that time occupied progressive
From the author's book2.3. History of legal psychology in the 20th century Late 19th - early 20th century. characterized by the sociologization of criminological knowledge. The causes of crime as a social phenomenon began to be studied by sociologists J. Quetelet, E. Durkheim, P. Dupoty, M. Weber, L. Levy-Bruhl and others, who,
From the author's bookChapter 3 METHODS OF LEGAL PSYCHOLOGY 3.1. Methodological foundations Each science has its own subject and corresponding research methods. However, regardless of the area in which the research is conducted, scientific methods are presented certain requirements:?
From the author's book11.1. Problems of minors in legal psychology Juvenile delinquency is due to mutual influence negative factors external environment and the identity of the minor. Most often, the crime is committed by the so-called "difficult"
The subject and tasks of legal psychology
Legal psychology is an applied science located at the intersection of psychology and jurisprudence. He studies the manifestation and use of mental patterns and psychological knowledge in the field of legal regulation and legal activity.
Legal psychology explores the problems of increasing the effectiveness of lawmaking, law enforcement, law enforcement and penitentiary activities based on psychological factors.
The subject of legal psychology is the study of mental phenomena, mechanisms and patterns manifested in the field of law.
Tasks of legal psychology:
1) to carry out a scientific synthesis of psychological and legal knowledge;
2) reveal the psychological and legal essence of the basic legal categories;
3) ensure a deep understanding by lawyers of the object of their activity - human behavior;
4) reveal the features of the mental activity of various subjects of legal relations, their mental states in various situations of law enforcement and law enforcement;
The interaction of psychology and jurisprudence is considered mainly at 3 levels:
1) the use of psychological patterns in jurisprudence in a "pure" form (a psychologist acts as an expert, a specialist in civil or criminal proceedings, etc.);
2) the use of psychology in jurisprudence by introducing psychological knowledge into law enforcement, law enforcement practice, in the selection of personnel for the law enforcement system and their psychological support, etc.;
3) the emergence of legal psychology as a science based on psychology and jurisprudence.
Legal psychology is based on general and social psychology, from where its methodology stems. A personal approach is carried out (for example, a personality is studied in the dynamics of an offense), the process of activity is studied in conjunction with the structure of the personality and the system of legal norms, the system of mental processes, temperament, personality character and social group, socialization and social justice, legal consciousness, etc. are studied.
Methods of legal psychology
These methods can be classified according to the goals and methods of research (Vasiliev V.A., 2002, pp. 40-51).
Depending on the objectives of the study, the following methods are distinguished:
scientific research (the psychological patterns of the relationship of an individual, regulated by the rule of law, are studied, and scientifically based recommendations for practice are developed);
psychological impact on a person (aimed at preventing criminal activity, solving crimes and identifying their causes, studying the effectiveness of punishment and the possibility of re-education, etc.; these methods are used only within the framework of the Code of Criminal Procedure and ethical standards);
forensic psychological examination (the most complete and objective study conducted by expert psychologists in court order, investigative or inquiry bodies).
According to the methods of legal psychology, the methods are divided into:
method of psychological analysis of criminal case materials;
anamnestic (biographical) method;
methods of observation and natural experiment;
instrumental methods for studying the individual psychological characteristics of a person (various options experimental method, various test methods, questionnaires, questionnaires).
There is another classification of methods of legal psychology (Enikeev M.I., 2000), which includes:
Communicative qualities of a person
Psychology of communication in the professional activity of a lawyer. The main methods of establishing psychological contact with citizens.
Communication is a delicate multifaceted process of establishing and developing interpersonal contacts. For lawyers, communication is a special type of professional activity that takes place in a special procedural regime in compliance with strictly defined forms of communication (reception of documents, complaints, petitions, interrogation during a preliminary hearing). These rules are established by the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Offenses and other legislative acts. If these rules are violated, the evidence obtained, for example, is recognized as inadmissible, and legal sanctions are applied to lawyers who violate these rules.
However, not all cases of communication are described by law, so a lawyer must have communication skills, knowledge of etiquette, knowledge of the rules of speech behavior of social groups.
In sociology, there are three indispensable components of non-procedural communication of a lawyer:
1) the communicative side. Allows a lawyer to participate in interpersonal relationships with maximum benefit, to conduct a fruitful dialogue. When entering into psychological contact, it is necessary to take into account the social role of a law enforcement lawyer and the object with which they enter into a dialogue, since it forms a system of role expectations that manifest themselves in the style of performance. All role features affect the development of communication processes. If a lawyer violated the rules of role-playing communication, then this gives rise to misunderstanding, since this behavior is unexpected and incomprehensible to the interlocutor.
Verbal communication involves the use of speech with its rich phonetics, vocabulary, and syntax.
Also, in communications, written speech is used - in the preparation of protocols. Requirements are imposed on the protocol: the use of unambiguous terms, the use of precise, concise formulations, and brevity.
Thus, the lawyer has to resort to different types of communication, however, the information received will be legally valid if it is received in a certain procedural mode.
2) The perceptual side of communication. In the process of communication between its participants, there is an active mutual perception sides, in which an idea of the interlocutor and about oneself is formed. By comparing yourself with the interlocutor, you imagine the logic of his actions. Or you understand the emotionality of his actions - empathy. There is also the concept of reflection - the process of an individual's awareness of how he is perceived by a communication partner. If the subject misinforms the lawyer, then there will be a misconception about him in connection with the attribution of certain character traits. A lawyer must notice the impact of the above phenomena, as well as others (social-status evaluative stereotypes, the effect of novelty ...) and in order to protect himself from communication barriers.
The interactive side of communication is the exchange of actions at the verbal and non-verbal levels. The lawyer must, according to the position of communication taken by the interlocutor, be able to foresee his reaction and prevent possible conflict or get out of it.
System of Legal Psychology
Legal psychology is usually divided into two parts, general and special.
The general part includes the subject, the system, the history of the development of legal psychology, methods, its relationship with other scientific disciplines, the psychology of legal labor.
The special part includes forensic psychological examination, the psychology of the victim, the psychology of a minor, criminal psychology, investigative psychology, the psychology of judicial consideration of criminal and civil cases, correctional labor psychology, and the adaptation of the personality of the released person to the conditions of normal life.
There is a slightly different form of representation of the system of legal psychology, consisting of 5 sections with corresponding substructures.
Legal psychology - psychological aspects of effective lawmaking, legal personality socialization, psychology of legal understanding and legal consciousness.
Criminal psychology - the role of biological and social factors in the criminalization of the individual, the concept of the identity of the offender, the committed criminal act;
Psychology of criminal justice or forensic psychology (for criminal cases)
Psychology of preliminary investigation
psychology of the personality of the investigator, his activities in the investigation, the formation of information, as well as forensic psychological examination in the criminal process.
Psychology of judicial activity
psychology of preparing and planning a trial, features of its conduct, decision-making by a judge
Penitentiary (correctional) psychology– psychology of the convict and the criminal, ways of correction, prevention.
Psychology of civil legal regulation
psychology of civil legal relations, positions of the parties to the civil process and their communicative activity, aspects of the preparation of civil cases;
psychology of the activities of a lawyer, notary, arbitration, prosecutor's office in civil proceedings.
legal awareness
Law-abiding behavior is the result of socialization, during which the subject acquires moral and legal prohibitions, social stereotypes of behavior, which, in turn, is determined by group and individual legal awareness, a sense of social responsibility, social justice, legal intuition, etc.
The psychology of law-abiding behavior explores the internal structure and individual components of an individual and a group, which, in combination with environmental factors, provide various options responses that do not go beyond the current legislation.
In the formation of a personality under normal conditions of socialization, legal prohibitions are taken into account and become habitual frameworks of behavior; gradually develops a social stereotype of behavior of the individual. This stereotype is based on individual legal consciousness, based on the public one. A person develops a mechanism of social self-regulation, that is, a habitual readiness to act in a given situation in a certain way.
Under legal conscience broad sense The word refers to the entire legal experience of the behavior of an individual, group, society. First of all, it includes the psychological mechanism of law-abiding behavior and the relationship between various defects in individual legal consciousness and illegal behavior.
Legal consciousness is one of the forms of social consciousness; its content and development are determined by the material conditions of society's existence. It reflects social relations that are regulated or should be regulated by the rules of law.
The economic and other needs of society, having passed through consciousness, take the form of legal motives and, as a result, are expressed in the rules of law. Thus, the relationship between interests and needs, on the one hand, and law, on the other, is mediated by legal consciousness (legal psychology and legal ideology).
Legal consciousness as one of the forms of social consciousness has the following features:
- not only reflects social reality, but also actively influences it, is the highest level of reflection of the socio-economic relations of people expressed in the laws of their society;
- always manifests itself through the second signal system; speech-thinking activity of people acts as a mechanism of legal consciousness, reflecting the system of legal knowledge and concepts that regulate social relations;
- cannot exist without its specific carrier - a specific human personality, groups; teams. On the basis of a common understanding of legal norms in society, people are united into groups, a category of group legal consciousness arises, which is characteristic of social communities and historical eras.
Legal conflicts of the individual with society - offenses and crimes - should be considered in criminal and penitentiary psychology, taking into account which stages of the development of legal consciousness are violated in a particular case and what measures of social readaptation of offenders can return them to the norms of legal consciousness implemented in normal legal behavior.
Psychology of work of a lawyer
Methods for studying the work of lawyers
Professiogram of the legal profession
Among the legal professions there are those, the mastery of which requires not only inclinations, vocation and education, but also a lot of life experience, a whole range of professional skills and abilities. These are, first of all, the professions of a judge, a prosecutor, as well as an Investigator, an arbitrator and some others. The complex and responsible work of these people makes increased demands on the personality of the worker. Most of these professions are now considered prestigious, as evidenced by competitions in law schools and other special educational institutions that train personnel for law enforcement agencies. However, many young people choose these professions for themselves, not having a clear idea of the complexity of the upcoming activities, and, most importantly, they have no idea what requirements will be presented to them.
The word "legal" is synonymous with the word "legal". Almost all legal terminology is based on these words.
In general, legal activity is a work requiring great effort, patience, conscientiousness, knowledge and high responsibility, based on the strictest observance of the norms of the law.
The work of lawyers, very diverse and complex, has a number of features that distinguish it from the work of most people in other professions.
First, the legal professions are characterized by an extraordinary variety of tasks. The program for solving these problems can be expressed in the most general form, which, as a rule, is formulated in a legal norm. Each new case for the investigator, prosecutor, judge, lawyer is a new task. The fewer templates used in the approach to the case, the higher the likelihood of finding the truth.
Secondly, legal activity, with all its complexity and diversity, is completely subject to legal regulation, and this leaves an imprint on the personality of every lawyer. Already when planning their activities, any employee mentally compares future actions with the norms of legislation that regulate these actions.
For almost all legal professions, one of the main aspects of activity is communicative activity, which consists in communication in the context of legal regulation. This legal (procedural) regulation leaves a specific imprint on all participants in communication, endowing them with special rights and obligations and giving a special touch to communication, distinguishing legal professions into a special group.
Most legal professions are characterized by high emotional intensity of work. Moreover, more often this is associated with negative emotions, with the need to suppress them, and postpone emotional discharge for a relatively long time. big period time.
The work of many lawyers (prosecutor, investigator, judge, operative worker, etc.) is associated with the exercise of special powers of authority, with the right and duty to exercise power on behalf of the law. Therefore, the majority of persons occupying the listed positions develop a professional sense of increased responsibility for the consequences of their actions.
For most legal professions, a characteristic feature is the organizational side of the activity, which, as a rule, has two aspects:
Organization own work during the working day, week, organization of work on the case in irregular working hours;
Organization of joint work with other officials, law enforcement agencies, other parties in the criminal process.
Many legal professions are characterized by overcoming the resistance of their activities on the part of individuals, and in some cases microgroups. The prosecutor, investigator, operative worker, judge in search of the truth in the case often encounter passive or active resistance on the part of persons interested in a certain outcome of the case.
In essence, all legal professions are characterized by the creative aspect of labor, which follows from the above characteristics.
The creation of professiograms of legal professions is part of the deontological characteristics of a lawyer's work.
Modern legal deontology is closely connected with the progress of legal science in general, the popularization of its achievements through the press, radio, television, and the growth of the cultural and educational level of the country's population. All this inevitably introduces new concepts into general legal deontology, which, along with general provisions regarding the professional ethics of a lawyer, faces tasks related to the specifics of a particular legal case. That is why every legal profession, apart from general requirements, presents a lawyer practice - an investigator, a prosecutor, a judge, a notary, an arbitrator and others - specific requirements. Improving the quality of a lawyer's work is impossible without taking into account the individual characteristics of his personality and the correspondence of personal qualities to the objective requirements of this profession.
The development of professiograms (derived from the word - professiography, which means a description of the profession) is a detailed description of the most common and leading legal professions, indicating their characteristic functions. Integral part professiogram is a psychogram. The purpose of developing professiograms is to focus on the study of relatively stable, stable properties that characterize a specialist lawyer in his practical activities.
A great contribution to the development of professiograms of legal professions was made by Russian scientists V.L. Vasiliev, M.I. Enikeev, Yu.V. Chufarovsky. In the activities of a specialist lawyer, they distinguish the following aspects: search (cognitive), communicative, authentication, organizational, reconstructive (constructive) and social.
Let us give a general description of each of these aspects (types) of activity:
social - emphasizes the social significance of the profession of a lawyer as an organizer of the fight against offenses, a defender of the rights and legitimate interests of citizens;
search - consists in collecting information necessary to solve a legal case;
reconstructive - represents the final analysis of the collected information on the legal case, the advancement of working hypotheses, the development of an action plan for its further consideration and completion;
communicative - means the ability to communicate with colleagues, clients, participants in the case and all those who are related to it;
organizational - is volitional actions checking working versions and their implementation;
credential - consists in the ability to clothe the information received on a legal case in the form of written acts-documents (decrees, protocols, sentences, etc.) provided by law.
In each of the specialties, these aspects of the professional activity of a lawyer are manifested in a different set, with unequal intensity. Each lawyer, depending on his personal qualities, they acquire a specific character.
Consideration of professiograms in the proposed sequence does not mean at all that the first legal profession is of greater importance, and each subsequent one is of lesser importance. All legal professions are called upon to guard the social values of the individual, society and the state, and therefore each of them has a specific and important significance for the establishment of these values.
Investigator's profile
The investigator's professiogram is a complex hierarchical structure in which all aspects of professional activity, as well as personal qualities, skills and abilities are presented in mutual connection or dependence.
Each of the sides of the professiogram reflects, firstly, a certain cycle of professional activity, and secondly, it implements personal qualities, skills, abilities, and knowledge that ensure professional success at this level of activity.
The professiogram is based on the search side of activity, which realizes the desire to solve a crime and consists in collecting initial information for solving professional problems.
The search side of the investigator's activity is of particular importance at the first stage of the investigation. Its essence lies in isolating forensically significant information from the environment (traces of the offender, the victim, weapons or instruments of crime, etc.), which makes it possible to reliably reconstruct the crime event with such a degree of accuracy as required by law.
Examining the scene, the investigator is looking for answers to the questions: what happened here, what traces did this event leave? In the correct solution of these problems, the role of personal factors is great: firstly, these are the inclinations and abilities of the tracker, then forensic knowledge (the doctrine of traces, methods of committing crimes), professional experience (skills for isolating reference points and constructing the contour of an event), life experience . The effectiveness of the evidence collection process largely depends on the investigator's knowledge of the information properties of various material objects, on his individual information stock.
The next level is the communicative side of the activity, during which the investigator must obtain the information necessary to solve the crime from people by communicating with them.
The investigator must be able to organize his mental state. A good investigator has the skills to control his volitional and emotional sphere and - within the framework of the law - the emotions of the interrogated.
All information obtained as a result of the search and communication activities of the investigator or interrogator, in the process of certification activities, is converted into special forms provided for by law: protocols, resolutions, etc. To do this, the investigator must be fluent in writing, have the skills quick transfer oral speech into writing.
At the next level, the investigator acts as the organizer of the investigation. Taking responsible decisions, he achieves their implementation and at the same time acts as an organizer of the activities of many people.
At the next level is the reconstructive side of the investigator's activity. In the language of cybernetics, this is a block of information processing and decision making. Important at this level is the general and special intelligence of the investigator. A modern investigator must know a lot: criminal law, criminal procedure, criminalistics and pedagogy, accounting and judicial ballistics. This is not a complete list of scientific disciplines, on which the special intelligence of the investigator relies when processing the initial information, putting forward hypotheses, versions and developing investigation plans.
Completes the structure of the professiogram social side, in which the investigator appears as the organizer of the fight against crimes in his area or on the site. The center of gravity in the fight against crime is transferred by him to finding out its causes and conditions and taking measures to eliminate them.
The perception of the investigator is always purposeful, systematic, meaningful. This is due to professional experience and the peculiarities of thinking.
Observation as a certain type of human activity is associated with the deliberate perception of objects and phenomena of the external world.
A special place in the process of observation is occupied by the attitude towards a certain activity, which depends on a specific need and the objective possibility of satisfaction.
The concept of attitude is closely related to the problem of the unity and integrity of activity.
The system created by the investigator is determined by his “singling out” of the crime event. This is a more or less figurative dynamic picture of events, which is a form of the existence of versions.
Forensic observation when examining the scene of an incident is a systematic, purposeful, thoughtful perception of the situation. Such perception in psychology is called observation. For it to be as effective as possible, certain rules must be observed. Prior to the inspection, it is important to obtain general idea about what happened. Although the initial information is often very contradictory and may not be confirmed later, this nevertheless allows the investigator to outline an inspection plan, to begin building a mental model of what happened.
An analysis of successful examinations shows that at the initial stage, the investigators who carried out these examinations were dominated by a simultaneous (integral) perception of objects and phenomena. Successive tendencies (successive description of “all” objects that fall into the field of view, clockwise or counterclockwise without an attempt to isolate the traces of a crime event) deprived the investigator of a creative approach and did not create prerequisites for identifying the most important carriers of forensically significant information.
Legal psychology is a science in which various areas of psychology and jurisprudence are synthesized. Any area applied psychology implements the system and provisions of general psychology in their application to various types human activity. But any human activity in the sphere of social relations is regulated by rules. Rules required for certain group people are called norms of behavior. The norms of behavior are established by members of groups and serve, first of all, the interests of these groups, which may or may not coincide with the interests of society as a whole. All norms are usually divided into technical and social. Technical norms govern the relationship of people in use natural resources(rates of consumption of electricity, fuel, water, etc.). Social norms belong to the sphere of social, interpersonal relationships, and include customs, moral and legal norms.
Morality is a collection social norms formed within a large social group or the whole society. They are backed by force public opinion and require the performance of certain acts or refraining from condemned acts.
Law is the will elevated to the law ruling class. The law ensures what the current state power behavior and guarantees measures of coercion with the help of the law enforcement apparatus of compliance by citizens with the rule of law.
The object of legal psychology are certain types of people and their communities as subjects of legal activity within the existing processes of legal regulation.
Subject of Legal Psychology- mental patterns of activity and personality of a person in the field of legal relations.
As many researchers emphasize, the methodological feature of legal psychology is that here the center of gravity in cognition is transferred to the individual as the subject of activity. And if the law, first of all, singles out the offender in a person, then legal psychology examines the person in the offender, in the witness, the victim, etc. The focus of this science is the psychological problems of harmonizing man and law as elements of one system. The subject matter of legal psychology is not fixed and unchanging. Life change, her social conditions, general development the sciences will also influence this branch of psychology. The peculiarity of this science lies in the fact that most of the mental patterns that it explores are beyond the generally accepted, social norms of behavior expressed in law.
Three can be distinguished general directions research in legal psychology:
1) the psychology of the criminal and criminal behavior;
2) the psychology of persons administering justice and fighting crime;
3) the psychology of resocialization (re-education) of the criminal.
The above definitions of the object and subject of legal psychology reflect the essence of this branch of psychology, which does not mean simple application to a certain area of practice of these psychological studies, but is a system for obtaining psychological knowledge about the activity of people in the legal sphere.
Yu. V. Chufarovsky identifies the following tasks of legal psychology.
Study structural elements the subject of this science: the personality of a lawyer, his activities, lawful and unlawful behavior, the personality of a law-abiding person and an offender, the psychology of the social and legal re-socialization of the offender (including in ITU), the psychological characteristics of the legal procedure and crime prevention.
The study of its methodological and theoretical foundations, the development of methods and methods of theoretical and applied research, the adaptation for the purposes of legal psychology of the methods and methods developed in other sciences, including in branch psychological.
Development practical advice for legal practitioners to implement their law enforcement, law enforcement and law-making functions, improve and improve their own work, encourage joint activities, development of a methodology for career guidance, professional selection, professional consultation of lawyers, professiograms and psychograms of legal professions, etc.
Theoretical and methodological support of the academic discipline "Legal Psychology" and related special courses.
Providing practice with special psychological knowledge, developing the theory and methodology of forensic psychological examination, psychological counseling, etc.
Before naming the main methodological principles of legal psychology, let's define the main concept. Principle (from Latin principium - basis) is the central concept, the logical expression of knowledge, the fundamental idea that permeates the knowledge system and establishes the subordination of this knowledge. The general principles of building any theory, including legal psychology, are the principles of connection and development, historicism, consistency and causality.
The principle of historicism allows us to characterize social phenomena regular, directed and irreversible development, a progressive trend, the struggle of internal contradictions on each this stage stories. In legal psychology, the principle of historicism is the basis for studying the history of this science, the development of its subject and system, in particular, the development of the deformation of the psychology of the offender, etc.
The principle of development in psychology means the movement of forms of mental reflection from biologically determined elementary forms (sensations, emotions) to socially determined ones (self-consciousness), the transformation of individual psychological characteristics into personality traits. In legal psychology, this principle is concretized in the study of the emergence of illegal behavior of an individual and social groups, psychological means resocialization of the personality of the offender.
The principle of causality is manifested in one of the most important types connection, in particular the genetic connection of phenomena, in which one (cause) under certain conditions gives rise to another (effect). Causality as a principle of knowledge makes it possible to see the universality of phenomena, the inevitability of the generation of some by others, and so on ad infinitum. In legal psychology, the principle of causality means that mental phenomena, processes and states of a person, the psychology of social groups in the field of law are secondary formations, causally conditioned by objective reality, and a reflection of this reality.
For legal psychology, it must be applied and common in legal sciences the principle of humanism as the moral and ethical side of knowledge, recognizing the value of a person as a person, his right to freedom, happiness, development and manifestation of his abilities.
The method is a way of knowledge, a way that allows you to explore the subject of science. Therefore, the methodology of science includes, along with the principles, a system of research methods. Each science has its own subject and corresponding methods of scientific research, which are subject to the following requirements.
The phenomenon under study must be investigated in its development and in connection with environment, in conjunction with other systems.
Scientific research must be objective. This means that the researcher should not bring anything from himself in the course of research, both in the process of observation and in the formation of final conclusions.
Legal psychology uses a system of methods of science as psychology as a whole, being its branch, and a specific set of methods that provide the process of cognition of its subject. We add that legal psychology is constantly and systematically enriched with new methods, developing its own and borrowing them from other sciences (for example, in jurisprudence).
These methods can be classified both in terms of goals and methods of research. According to the objectives of the study, the methods of legal psychology are divided into three groups.
Methods of scientific research. With the help of them, mental patterns are studied human relations governed by the rule of law, as well as developing evidence-based recommendations for practitioners engaged in work to combat or prevent crime.
Methods psychological impact on personality. They are carried out by officials involved in the fight against crime. These methods pursue the goals of preventing criminal activity, solving a crime and identifying its causes, re-educating criminals, and adapting them to the conditions of normal existence in a normal social environment. These methods, in addition to their criminal procedure regulation, are based on the scientific methods of psychology and are closely related to criminology, forensic science, correctional labor pedagogy, etc. Persuasion can be attributed to the main method of influence that can be used in legal psychology. Persuasion is an impact on consciousness through communication, clarification and proof of the importance of a particular provision or its inadmissibility in order to force the listener to change his views, attitudes, positions, attitudes and assessments, or to share the thoughts or ideas of the speaker (for example, to convince the defendant, the suspect, accused, witness, victim to testify truthfully). Belief is the main, most universal method leadership and education. The mechanism of persuasion is argumentation, which means bringing logical arguments in order to prove the truth of a proposition. Persuasion is complex method, since it requires from the person applying it, developed intellect, knowledge of logic.
Other methods of this group include suggestion and manipulative tactics.
Suggestion is nothing more than an intrusion into a person’s consciousness (or the instillation of some idea in him), which occurs without the participation and attention of the perceiving person and often without a clear consciousness on his part (for example, hypnosis, religion, programming, etc.) . When suggestion is carried out purposeful verbal or figurative impact, causing non-critical perception and assimilation of any information. The method of suggestion and its variety - self-hypnosis - proved to be effective in psychotherapy, sports and educational psychology when solving educational problems.
Manipulative influence is a form interpersonal communication, in which the impact on the communication partner in order to achieve their intentions is carried out covertly. Manipulation involves an objective perception of a communication partner, the desire to gain control over the behavior and thoughts of another person. The manipulator is characterized by deceit and primitiveness of feelings, apathy for life, a state of boredom, excessive self-control, cynicism and distrust of oneself and others. The sphere of "allowed manipulation" is business, propaganda, business relations in general. Manipulators are found in everyday life.
It should be noted that the range of application of these methods in legal psychology is limited by the framework of legislation (in civil and criminal cases) and ethical standards.
Methods of forensic psychological examination. The purpose of these methods is the most complete and objective research conducted by an expert psychologist on the decision of the investigative or judiciary. The range of methods used in this study is limited by the requirements of the legislation governing the production of expertise. The content of the set of methods used in the SPE is determined by the nature of the offense, the specific tasks assigned to the expert, and the age of the subject (persons). Some SPE methods are necessarily included in the research complex: conversation, observation and its variety - a behavioral portrait, analysis of the materials of a criminal case, a retrospective analysis of the behavior of an expert person (persons) in an offense situation under study. The forensic psychological examination itself is often called a method of studying an individual (group).
With regard to research methods, forensic psychology has the following methods.
observation method. Its value lies in the fact that in the process of research the normal course of human activity is not disturbed. To obtain objective results, a number of conditions must be met:
1) determine in advance which patterns of observation are of interest to us;
2) draw up an observation program;
3) correctly record the results of the study;
4) determine the place of the observer himself and his role in the environment of the persons being studied.
To record the results of observation, technical means can be used, primarily recording the speech of the observed on tape. In some cases, it is useful to use photography and filming. In the conditions of the preliminary investigation, technical means can only be applied within the framework of the procedural law.
Observation can be carried out not only by a research psychologist, but by any official who needs to obtain relevant information in order to use the data of its analysis in the fight against crime. Greater value in order to obtain information about the possible involvement of the interrogated person in the crime event, he may have observation of the facial expressions and gestures of this person. And to avoid bias subjective assessment results of such observation, it must be carried out strictly objectively, with the registration of all the facts obtained during the observation and with a sufficient scientific interpretation of the results of the observation.
questionnaire method. This method is characterized by the homogeneity of questions that are asked about large group persons to obtain quantitative material about the facts of interest to the researcher. This material is subject to statistical processing and analysis. In the field of legal psychology, the questionnaire method has become widespread in the study of the mechanism of formation of criminal intent. Currently, the questionnaire method has begun to be used by practitioners to study some aspects of the causes of crime.
In parallel with the survey, a “public opinion machine” is used.
The main advantage of this method is its complete anonymity. Due to this, the subjects give the automaton different answers to a number of “critical” questions than in the questionnaires.
Method of interview (conversation). How helper method is actively used at the very beginning of the study for the purpose of general orientation and the creation of a working hypothesis. Its application is typical in the study of personality during the preliminary investigation. Free, relaxed conversation, during which the investigator studies the main personality traits of the interlocutor, develops individual approach and makes contact with the interrogated; such a conversation often precedes the main part of the interrogation and the achievement of it main goal- obtaining an objective and complete information about the crime event. When preparing for a conversation, great attention focus on wording questions that should be concise, specific and clear.
Experiment method. When using this method, the experimenter studies the dependence of the characteristics of mental processes on the characteristics of external stimuli acting on the subject. The experiment is structured in such a way that external stimulation is changed according to a strictly defined program. The difference between experiment and observation lies in the fact that during observation the researcher must expect the onset of one or another mental phenomenon, while during the experiment he can deliberately cause the desired mental process by changing the external situation. In the practice of forensic psychological research, laboratory and natural experiments have become widespread.
Laboratory experiment is mainly common in scientific research, as well as during the forensic psychological examination. To disadvantages laboratory experiment one should attribute the difficulty of using technology in the conditions of practical activities of law enforcement agencies, as well as the difference between the course of mental processes in laboratory conditions and their course under normal conditions. These shortcomings are overcome by using the method of natural experiment.
In general, a systematic approach, combined with various methods psychology and jurisprudence allows you to deeply analyze the interaction and identify the main psychological patterns of the process of activity, the structure of the personality and the system of legal norms, to give exact description this interaction, taking into account all the elements involved.
Legal psychology has its own system, consisting of the following sections:
1) legal psychology, studying law as a factor social regulation behavior, as well as the psychology of legal consciousness;
2) criminal psychology, the subject of study of which is the psychology of committing a criminal act, guilt and responsibility;
3) psychology of criminal proceedings, studying the psychology of investigative actions in the general system of investigation and forensic psychological examination in criminal proceedings;
4) the psychology of judicial activity, consisting of the psychological characteristics of the judicial investigation, its participants and the psychology of judicial debate;
5) corrective psychology, whose tasks are to study psychological problems the punishment itself, the psychology of those sentenced to imprisonment for social adaptation released.
