Part I History and subject of social psychology Formation of social psychology Directions of foreign social

82. Moral and psychological training of a lawyer To work in the field of application of law, lawyers must undergo moral and psychological training, since every law enforcement officer must be able to withstand high moral and psychological

83. Professional and psychological training of a lawyer The professional abilities of a lawyer are not limited to knowledge and skills, but represent the basis of mental activity, its mandatory qualities that meet the requirements of the profession. Lawyers are not born, but in

84. Psychological support of the legality of the actions of a lawyer The main requirement for the personality of a lawyer and his professional preparedness is the observance of the law. Even a slight violation of this principle is an indicator of professional unsuitability.

13. OBSERVATION AND SELF-OBSERVATION METHOD IN PSYCHOLOGY. EXPERIMENT IN PSYCHOLOGY Observation is a systematic and purposeful recording of psychological facts in the natural conditions of everyday life. There are certain requirements for organizing and conducting

14. PRINCIPLES OF MODERN PSYCHOLOGY. METHODS OF PSYCHOLOGY The principle of determinism. This principle means that the psyche is determined by the conditions of life and changes with a change in lifestyle. If we talk about the psyche of animals, then it is believed that its development is determined by natural

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The work of a practical lawyer involves daily contacts with people, during which conclusions are drawn about the character traits of people, their behavior and habits, guesses about the motives of actions.

Legal psychology is a branch of social psychology that takes as a subject of study the psychological characteristics of activities that are directly related to criminal and constitutional human law.

Legal psychology helps to analyze a person's behavior, his hidden motives, attitudes, personal characteristics that are important for the competent and correct work of a lawyer. Knowing the mental patterns, the lawyer not only understands the mental activity of the defendant, but also manages it. Self-improvement of one's personality, re-education of the criminal, overcoming resistance to the investigation from perjury - all this is included in the field of legal psychology.

In legal psychology, the object is the human psyche in terms of interaction with the law. The subject is allocated in accordance with the conditions and reasons for the study. It can be both the psychological state of the subject, and his individual characteristics. Legal psychology is constantly developing, establishing links with other sciences, highlighting new areas of legal psychology.

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Most psychologists do not deny that the solution of a creative task in an intuitive way takes place unconsciously or subconsciously. (It is more correct to assume that intuition appears in the subconscious, and not unconscious. The unconscious is simpler (elementary feelings, attitudes). In the subconscious, processes take place that have a decisive influence on the course conscious life individual.

An intuitive solution appears under certain conditions.

1. If there is a situation of intense search (search activity) of the investigator.

This situation is expressed in parallel in two spheres: in the emotional and mental. The investigator is somewhat excited during the search (emotional sphere). He seeks to remove this excitement caused by the search dominant, with the help of a thought process aimed at solving a problem situation (thinking sphere). Exactly search activity investigator and determines the peculiarity of the subsequent orientation in a situation where an unconscious product is encountered (i.e., when a prompt situation occurs) and the correct version of the case is put forward.

The most favorable conditions for the correct decision of the case are formed at the moment when the investigator has gone through all possible options on the case, but has not yet reached the stage at which the search dominant goes out. The main condition here is purposefulness and perseverance, dedication to business.

2. "It turned out that the more you saturate the content of the direct product of the action in a prompt situation, the more you interest the subject in this, the less possible the solution of the problem."

In terms of the investigator's creativity, this means the following: an intuitive solution is the more likely, the less meaningful the direct goal of the action, in which the investigator comes across an unconscious product that objectively contains the key to solving the problem.

3. The success of solving the problem depends "on the degree of automation of the method of action by which the hint was carried out. The less automated this method was, the better the problem was solved."

You are more likely to come across an intuitive solution by doing something out of the ordinary.

Another condition for the emergence of intellectual intuition is a preliminary simplification of the problem.

Externally, the intuitive process proceeds so quickly that its individual stages merge into a single, continuously flowing cognitive act, in which, if it is not specially analyzed, it is impossible to single out the transition from one stage to another.

Intuition is a rapid transition from one statement to another, sometimes with such a rapid slip of individual links of reasoning that the premises and intermediate processes are not singled out, although they could be detected with a careful restoration of the train of thought.

The psychological process of the transition of intuition from the subconscious to consciousness occurs in a peculiar way. When intuition passes into the sphere of consciousness, the subject feels an emotional background (pleasant, depressing, etc.), the content of which is hidden from him. As a result of a purposeful search for the meaning of the emotional background, intuition appears in the sphere of consciousness.

But sometimes the subject, by an effort of will, removes this emotional background. As a result, the transition process may decay; turn back into the subconscious (for example, with powerful autosuggestions).

That's why for the investigator great importance has the skill of self-observation, self-knowledge, which is at the same time mediated objective knowledge.

Intuition, as a part of creative thinking, does not include, but presupposes conscious, discursive thinking, the ability to unfold a guess in a system of evidence, find its factual foundations, explain the process of its formation, and eventually discover its correctness or error.

The main purpose of intuition in the process of investigation is that it creates hypotheses. It plays an important supporting role in the process of proving, but it is completely indifferent from the point of view of the final results of this process for making procedural decisions.

From the point of view of formal logic, the investigator, solving (investigating) a complex crime, solves a problem with a huge number of unknowns, which in complexity can be equated to a problem beloved by cybernetics - a safe lock cipher with ten disks (each from 0 to 99). It has been calculated that billions upon billions of samples will be required to solve this problem in a "formal" way. However, if a bell is attached to the disk, the ringing of which is heard at the desired position of the disk, the solution of the problem will require only about 50 trials.

The investigator is able to "hear" the ringing where the average person does not hear it. At this stage of putting forward versions and selecting evidence, he is characterized by an intuitive, heuristic way of thinking.

It would be unreasonable to dismiss the investigator's intuitive guesses, if they lead to a more in-depth study of the circumstances of the case.

On the other hand, intuition is a heuristic process and its conclusions are probabilistic.

Topic: Subject and system of legal psychology

The history of the psychological study of the problems of law enforcement has about a hundred years. It began with the problems of legal proceedings and with the name "Forensic Psychology". This situation persisted until the 1970s, when the science of "Legal Psychology" was officially registered.

The name change was brought about by a radical change in the understanding that psychological problems strengthening law and order is not limited to the investigation of crimes. A new approach was also forced by the real state psychological research deployed in law enforcement agencies and went far beyond the traditional issues. Research began on the psychological problems of legal education of the population, strengthening the rule of law, working with law enforcement personnel, professional deformation and psychological preparation employees, psychological reasons for committing crimes and their prevention, management in law enforcement agencies and operational search work, correction of convicts and social rehabilitation of those released from places of detention, etc. The trend of expanding legal and psychological research continued to strengthen and develop in the 80s in connection with the growing need of society to strengthen the rule of law and the rule of law and an integrated approach to this work.

The urgency of solving the whole complex of psychological problems of the activity of law enforcement agencies acquired particular urgency in the 90s, when the task of creating a rule of law state was declared the task of updating our society, and the crime rate increased sharply, becoming a truly state problem. In response to the needs of practice, research on the problems of legal psychology also expanded, and their results were accumulated, which were of undoubted practical interest. However, all this was not sufficiently reflected in the publications on legal psychology available to a wide student audience and the corps of law enforcement officers.

Our time is characterized by significant development psychological science, its penetration into all spheres human activity, the use of psychological data in solving problems of economic and cultural construction, as well as issues of improving the work of law enforcement agencies and officials, for example, the creation of a professiogram of legal professions. An in-depth study of these issues requires a psychological analysis of the personality and legal activity, based on the study of the main psychological phenomena, processes, states, their features in legal sphere(needs, motives, goals, temperament, attitude, social orientation and other personality characteristics).

The psychological culture of a lawyer implies that all employees of legal bodies have a developed system of psychological knowledge, as well as skills and techniques that provide a high culture of communication. Psychological culture increases the efficiency of legal activity, contributes to its humanization.

The study of legal psychology is largely hampered by the lack of scientific and methodological literature on this discipline.

For the disclosure of this work, the following goals are set:

consider legal psychology as a branch of psychological science;

reveal the subject, methods, tasks and system of legal psychology;

perform control testing in this discipline.

1. Legal psychology is a branch of psychological science

Psychology is a science that studies the patterns and mechanisms of people's mental activity. The name of the science "psychology" comes from the Greek words: "psyche" (soul), "logos" (doctrine), that is, the science of the soul, more precisely, of the inner, subjective world of man. The term "psychology" was proposed by the German scholastic Goclenius at the end of the 16th century.

For a long time, psychology developed as an integral part of philosophy, and only in the middle of the 19th century did it stand out in independent science. This became possible because psychology gradually turned from a descriptive science into an experimental science. At present, psychology is a rather complex and branched system of disciplines. In addition to general psychology, which studies the general patterns of mental activity, private, applied branches of psychology exist and are rapidly developing. Thus, the group of applied branches that study the patterns and mechanisms of the psyche of people engaged in specific types of activities are: labor psychology and its relatively independent sections - engineering, aviation and space psychology; psychology of knowledge; pedagogical, military, legal psychology, etc.

Operative, investigative, prosecutorial and judicial workers constantly face many questions, the solution of which requires not only a broad outlook, legal culture, special knowledge and life experience, but also good knowledge legal psychology. In order to properly understand the complex relationships of people, their experiences and actions, in complicated situations that are reflected in criminal cases, one must know the patterns of mental life.

Legal psychology includes various areas scientific knowledge, is an applied science and equally belongs to both psychology and jurisprudence. In the area of public relations, regulated rights, mental activity 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. With the development of society, its importance will increase more and more.

The need to turn to psychology, its methods, achievements arises when a specific science, adjacent to psychology or closely related to it, is included in the solution practical tasks. It has a place in pedagogy, medicine and jurisprudence. Practical activity, as a rule, is realized in the specific actions of specific people, and how this happens depends to a large extent on their psychological characteristics. Only the need to solve practical problems has led to the emergence and development of social, ethnic, historical and other branches of psychology on the border with social science. It would be, however, an underestimation of the role of the natural in the life and development of the personality to address exclusively the social aspects of its manifestation. Of course, the study of human biology (anatomy, physiology, anthropology) is inextricably linked with research in the field of psychophysiology, neuropsychology, psychophysics and other sciences bordering on psychology and natural science. - The whole system of scientific knowledge feels the need to use psychological knowledge, it becomes link various fields of science. Psychology connects the social sciences and natural sciences, biology and history, medicine and pedagogy, management and jurisprudence, etc. This determines its place in the system of scientific knowledge.

The theoretical basis for legal psychology is general psychology, since its conceptual and categorical apparatus, knowledge about the general patterns and laws of human mental activity are used.

Most legal scholars and psychologists working in this field agree that if psychology is fundamental science about the human psyche explores the most general laws of the mental activity of people in general, then legal psychology studies the same laws of the human psyche, various mental phenomena, but not in general, but in the sphere of various (criminal, civil, etc.) legal relations or, as they sometimes say, in the "man - right" system.

2. The subject of legal psychology

The modern development of science is characterized, on the one hand, by the differentiation of scientific knowledge, and on the other hand, by integration, the interpenetration of some branches into others. This process leads to the creation of new branches of scientific knowledge, linking sciences that were previously isolated from each other.

From this point of view, the selection of such a science as legal psychology, which turns out to be a link between the psychological and legal sciences, is a natural phenomenon.

Legal psychology is an applied science that includes both psychology and jurisprudence. The mental sphere of persons associated with legal proceedings and legal activities has a number of psychological characteristics, the nature of which is due to the performance of a variety of social and legal functions by them. The specificity of the mental activity of persons involved in the orbit of legal relations is called upon to study legal psychology.

Thus, the subject of legal psychology is the study of mental phenomena, mechanisms, patterns that manifest themselves in the field of law.

3. Tasks of legal psychology

Legal psychology as a science sets itself certain tasks that can be divided into general and particular.

The general task of legal psychology is the scientific synthesis of legal and psychological knowledge, the disclosure of the psychological essence of the fundamental categories of law.

Particular tasks of legal psychology relate to the development of recommendations for the most effective implementation of law enforcement activities. These include:

1) study of the psychological prerequisites (conditions) for the effectiveness of legal norms;

2) psychological study of the personality of the offender, disclosure of the motivation for criminal behavior, the specifics of the motivation of certain types of criminal behavior;

3) development of socio-psychological foundations for crime prevention;

4) study of the psychological patterns of various types of law enforcement activities (investigator, prosecutor, lawyer, judge);

5) study of the psychological patterns of the activities of correctional institutions in order to develop a system of measures for the correction and re-education of convicts;

4. Methods of legal psychology

In legal psychology there is a system of methods psychological study personality, as well as various psychological phenomena that arise in the process of law enforcement.

These include the following:

observation method. The method of observation in psychology is understood as a specially organized, deliberate, purposeful perception by the researcher of various external manifestations of the psyche directly in life, during the investigation, trial and in other areas of law enforcement.

The method of observation excludes the use of any methods that could introduce changes or disturbances in the natural course of the phenomena being studied. Thanks to this, the method of observation makes it possible to cognize the phenomenon under study in its entirety and reliability of its qualitative features.

The subject of observation in psychology is not direct subjective mental experiences, but their manifestations in actions and behavior of a person, in his speech and activity.

Observation is: direct and indirect, non-included and included.

With direct observation, the study is carried out by the person himself, who draws conclusions from the results of this observation. Such supervision is carried out by an investigator and a judge during investigative and judicial actions, an educator of a correctional institution, etc.

Indirect observation occurs in those cases when they receive information about the observation made by other persons. This type of observation has a peculiarity: its results are always fixed in the documents of the case - in the protocols of interrogations of other persons, in the conclusions of experts (forensic psychological, forensic psychiatric examinations), etc.

An uninvolved observation is an observation from the side, in which the researcher is a person outside the person or group being studied.

Participant observation is characterized by the fact that the researcher enters the social situation as a participant without revealing the true motives of his behavior (research). So, for example, in the study of the institute of people's assessors, the method of participant observation was used. It was carried out by a graduate Faculty of Law Petersburg University, who practiced in court. The researcher received a detailed questionnaire, developed by scientists, relating to the course of the process and to the meeting of the judges, which he filled out after the end of each case. The questionnaire was anonymous. Official permission to conduct the observation was received, but the judges were not informed about the study.

The advantage of included observation is direct contact with the object of study, registration of events that, with non-participated observation, could be hidden from the eyes of the researcher.

All of the above applies to the method of objective observation. In addition to it, psychological research also uses the method of subjective observation - introspection (self-observation). It consists both in observing one's outwardly expressed activity, psychologically significant facts from life, and in observing one's inner life, one's mental state.

conversation method. The purpose of psychological research is the deepest possible knowledge of the personality, its inner peace, beliefs, aspirations, interests, attitudes towards various phenomena of social life. In such cases, the method of simple observation is of little use.

In such cases, the method of conversation is successfully used. The essence of this method is a casual conversation with people on issues of interest to the researcher (the conversation should not turn into a questionnaire).

The method of conversation is very similar to interrogation, so it has some similar requirements. In particular, a prerequisite for its success is the creation of an atmosphere of ease, which makes it possible to naturally combine free story with answers to specific questions that clarify, complement and control the presentation.

questionnaire method. This is a survey of a large circle of people according to strictly prescribed form- questionnaire. The method is based on the anonymity of filling out the questionnaire, which allows you to get the most objective data about the processes, facts, and phenomena being studied. The resulting material is subjected to statistical processing and analysis. In the field of legal psychology, the questionnaire method is used quite widely - from the judicial-investigative and correctional fields of activity to the field of law enforcement.

In parallel with the survey, a "public opinion machine" (telephone survey) is used. Its main advantage is complete anonymity. Thanks to this, on whole line"critical" questions, the subjects give different answers to the machine than in the questionnaires.

A variation of the survey is the interview method. During the interview, a person expresses his judgments regarding certain phenomena, circumstances, actions. The interview should be conducted according to a clearly defined program. With its help, you can get a wide variety of information about the features of the activities of law enforcement agencies. Interviewing investigators, operational officers allows you to learn about their professionalism, the difficulties they face, their opinion about the causes of crime and ways to reduce it, etc.

To characterize the psychological characteristics of a person, the biographical method has a certain value. The essence of this method lies in the collection and analysis of biographical materials that shed light on the characteristics of a person and their development. These include: the establishment of specific biographical data, the analysis of diaries, the collection and comparison of the memories of other people, etc.

In its essence, the method of generalization is close to the biographical method. independent characteristics, the purpose of which is to collect personal data from various, independent sources. This method provides rich material that allows you to get the most complete picture of the personality through the analysis of the opinions expressed by persons with whom the subject was in one way or another.

The experimental method is the leading method in psychological science. It is aimed at studying psychic phenomena under conditions specially created for this purpose, and according to its essence and types, it is divided into laboratory and natural experiments.

There is also another kind experimental method, which can be used in legal psychology is a formative (training) experiment. It is aimed at studying mental phenomena in the learning process and vocational training by implementing the most active methods training, including problem-based training, with the help of which professionally important qualities of a future specialist-lawyer are formed.

Finally, one more kind of experimental method can be noted - the associative experiment, first proposed by English psychologist F. Galton and developed by the Austrian scientist K. Jung. Its essence is that the subject is invited to answer each word with the first word that comes to his mind. In all cases, the reaction time is taken into account, i.e. the interval between the word and the answer (determining the involvement of the suspect in the commission of the crime).

A variation of the experimental method, used in a narrower range, is the test method. A psychological test, called a test (test), has long been used to solve various issues: checking the level of intellectual development, determining the degree of giftedness of children, professional suitability, and to identify personal parameters.

Method of analysis of products of human activity. The products of human activity are valuable objective material that makes it possible to reveal many features of the human psyche.

An analysis of the products of activity makes it possible to characterize the features of skills and abilities, methods and methods of work, personality traits expressed in relation to work, etc. .

Method of psychological analysis of documents. A document in the broadest sense of the word (that is, something that is written down, drawn or depicted in some other way), even if it is not related to law, may contain information of interest to legal psychology. Document analysis is a method that allows obtaining such information. Distinguish documents legal significance and non-legal documents.

5. The system of legal psychology

Legal psychology has its own system of categories, a certain structural organization. The following sections can be distinguished:

1) Methodological section, which includes the subject, tasks, system, methods and history of the development of legal psychology.

2) Legal psychology - a section of legal psychology that studies the psychological aspects of law enforcement, the psychological patterns of legal socialization of the individual, as well as psychological flaws that lead to defects in legal socialization.

3) Criminal psychology - a section that studies the psychological characteristics of the personality of a criminal, the motivation of both criminal behavior in general and certain types of criminal behavior (violent crime, mercenary crime, juvenile delinquency), as well as the psychology of criminal groups.

4) Investigative-operational psychology - a branch of legal psychology that studies the psychological aspects of the disclosure and investigation of crimes.

5) Forensic psychology - a section that studies the psychological aspects of the trial, the problems of forensic psychological examination.

6) Psychology of correctional activity - a branch of legal psychology that studies the psychological aspects of the effectiveness of criminal punishment, the psychological problems of the execution of criminal punishment, the psychology of convicts and the psychological foundations of their resocialization and readaptation after serving their sentence.

Conclusion

The current state of psychological science can be assessed as a period of significant progress in its development. Over the past decades, the front of psychological research has expanded, new scientific directions and disciplines have appeared. The range of problems developed in psychology is growing, and its conceptual apparatus is changing. The methodology and research methods are being improved.

Psychology is constantly enriched with new data, interesting hypotheses and concepts related to all the main areas of its problems. Psychological science is increasingly involved in solving various problems that arise in different areas public practice.

A complex and multifaceted course in legal psychology is designed to provide lawyers with an understanding of the socio-psychological essence of legal regulation, the psychological characteristics of human behavior in the sphere of relations regulated by law. Legal regulation is objectively determined by social and socio-psychological patterns. Only by synthesizing legal knowledge with knowledge of the psychology of human behavior, a lawyer can become a competent specialist.

By studying legal psychology, a lawyer learns the patterns of human interaction with the environment, the features and conditions for the formation of socially adapted and deviant behavior of a person, the psychological factors of criminalization of a person. Legal psychology equips a lawyer system analysis behavior of the offender, a structural approach to the organization of investigative and judicial activities.

It emerged as an independent branch of knowledge at the end of the 19th century. legal psychology is now becoming an integral part of legal education, integrating all branches of law on their common basis - on the basis of the "human factor".

Control testing

1. The subject of legal psychology:

A - patterns of occurrence, features of the course of mental processes in humans;

B - patterns and mechanisms of the psyche of people included in the sphere of relations regulated by law;

B - borderline mental personality disorders;

2. The tasks of legal psychology include:

A - synthesis of psychological and legal knowledge; ensuring the moral and psychological hardening of lawyers; disclosure of mental characteristics of various subjects of legal relations;

B - disclosure of the features of the course of neurophysiological processes in the brain; establishing psychological contacts with sick people;

C - synthesis of psychological and legal knowledge; scientific organization of work of teachers; moral and political hardening of personality.

3. A branch of legal psychology that studies problems mental reflection law-significant phenomena, psychological aspects of law-making, legal consciousness are:

A - criminal psychology;

B - developmental psychology;

B - legal psychology.

4. The section of legal psychology that studies the psychological aspects of property, economic and personal relations regulated by civil law is:

A - forensic psychology;

B - psychology of civil law regulation;

B - criminal psychology.

5. The section that studies the psychology of personality desocialization, psychological mechanisms delinquent and criminal behavior. the psychology of the personality of the offender and criminal groups is:

And forensic psychology;

B - criminal psychology;

B - psychology of corrective activity;

6. The psychology of correctional activity solves the problems:

A - establishing sanity - insanity; establishing the form of guilt; studying the social environment;

B - resocialization and readaptation of convicts after serving their sentences; problems of execution of criminal punishment;

B - problems of execution of criminal punishment; problems of aesthetic education.

7. The methodological basis of research in legal psychology is:

A - a systematic approach, determinism, scientific validity;

B - questioning, testing, systematic approach;

B - determinism, experiment, participant observation.

8. The most ancient in origin is the section of legal psychology that studies:

A - the psychology of criminal intent;

B - legal worldview;

B - the psychology of judicial activity.

In - Piaget.

B - Lombroso;

11. Russian judicial orators, who for the first time integrated in their activities knowledge of law, psychology and sociology:

B) - Petrazhitsky.

13. The biological basis for the formation of personality is:

A - character, temperament, type of nervous activity;

B - temperament, extraversion, neuroticism;

B - knowledge, skills, abilities.

14. The psychological state associated with the accumulation of negative emotions as a result of the inability to satisfy desires "desire conflict" is:

A - Frustration;

B - affect.

15. A person as a carrier of a set of mental properties and qualities that determine socially significant forms of his activity and behavior is:

A - individual;

16. Individual psychological characteristics of a person, which reflect the strength, mobility and balance of nervous processes.

legal psychology- the science of the functioning of the human psyche involved in legal relations. All the richness of mental phenomena falls into the sphere of her attention: mental processes and states, individual psychological characteristics of a person, motives and values, socio-psychological patterns of people's behavior, but all these phenomena are considered only in situations of legal interaction.

Legal psychology arose as a response to the requests of legal practitioners, in fact, it is applied a science designed to help a lawyer seek answers to questions of interest to him. Not being an independent theoretical discipline, it does not have its own methodology - its principles and methods are general psychological. Legal psychology wears interdisciplinary character. Since legal psychology arose and developed at the intersection of psychological and legal knowledge, it is related to both general psychology and legal sciences. This science is relatively young, about two hundred years old. But it is noteworthy that this direction arose almost simultaneously with psychology: psychology and legal psychology have gone through the entire path of development “hand in hand”.

The term "psychology" itself began to appear in philosophical literature already in the 17th-18th centuries. and meant the science of the soul, the ability to understand the soul of a person, his aspirations and actions. In the 19th century psychology leaves the bosom of philosophy and stands out as an independent branch of knowledge, acquiring a slightly different - natural science - shade. The official date of the birth of psychology is traditionally considered 1879 - this year the German psychologist and philosopher W. Wundt founded the first laboratory of experimental psychology in Leipzig. It was the introduction of a strict, controlled experiment that marked the formation of psychology as a science.

Late 18th - early 19th centuries marked by an increase in the interest of scientists and social activists in the problem of man. The principles of humanism (from Latin humanita - humanity), the leading philosophical trend at that time, prompted the revolutionaries to create the first in Europe "Declaration of the Rights of Man and Citizen". The victory of the Great French Revolution (1789–1794) and the adoption of new legislation in 1789 marked the beginning of the active introduction of legal psychology into judicial practice.

At this time was born anthropological school law, which paid special attention to the "human factor". The works of K. Eckartshausen (“On the need for psychological knowledge in the discussion of crimes”, 1792), I. Schaumann (“Thoughts on criminal psychology”, 1792), I. Hofbauer (“Psychology in its main applications to judicial life”, 1808) appeared , I. Fredreich ("Systematic Guide to Forensic Psychology", 1835).

More than half a century later, a similar process began in Russia. Judicial reform 1864 prepared fertile ground for the use of psychological knowledge by practicing lawyers. The introduction of the principles of competitiveness of the trial and the equality of the parties to the prosecution and defense, the independence of judges and their subordination only to the law, a free advocacy independent of the state, and jury trials made it possible to make wider use of practical psychological techniques.

The works of B.L. Spasovich "Criminal Law" (1863), saturated with psychological data, A.A. Frese "Essays on Forensic Psychology" (1874), L.E. Vladimirov "Mental characteristics of criminals according to the latest research". In pre-revolutionary Russia, legal, or, as they used to say, judicial, psychology developed quite powerfully. A.F. Koni, F.N. Plevako, B.L. Spasovich, A.I. Urusov.

Russian lawyer, public figure and outstanding judicial orator A.F. Koni made a significant contribution to the development of legal psychology. His works “Witnesses at the Court” (1909), “Memory and Attention” (1922), as well as the course of lectures “On Criminal Types” touched upon the problems of interaction between participants in the investigative and trial processes, the behavior of witnesses in the courtroom, the influence of the speech of the judge in court on the course of the trial, the phenomenon of "public bias" of the jury. Knowledge of both the theory and the practical side of the matter gave his work a special value.

In 1912, a legal congress is held in Germany, at which legal psychology acquires official status as a necessary component of the initial education of lawyers. It is also interesting that, while the West was deciding the question of the demand for a new science by lawyers, at Moscow University already in 1906-1912. taught the course "Criminal Psychology".

The post-revolutionary period turned out to be quite favorable for the further development domestic psychology. At that time, Russian psychologists and psychophysiologists V.M. Bekhterev, V.P. Serbian, P.I. Kovalenko, S.S. Korsakov, A.R. Luria. Domestic science was ahead of foreign science in many respects.

A significant place was also given to legal psychology - it was necessary to quickly restore order in the new state: to fight the gangs that were operating everywhere in the post-war years, to ensure safety on the streets of cities, to educate and re-educate juvenile homeless children. In 1925, the State Institute for the Study of Crime and the Criminal was organized in Moscow. It became the world's first specialized criminological institute. Separate offices and laboratories for the study of crime were also opened in a number of peripheral cities - Leningrad, Saratov, Kazan, Kharkov, Baku.

In the West, at this time, the works of C. Lombroso, G. Gross, P. Kaufman, F. Wulfen were published. Psychoanalytic theory and the teachings of behaviorists are actively developing.

A crushing blow to the social and humanitarian disciplines was dealt by the repressions of the 1930s. Psychology did not escape this fate either - the most important laboratories and research centers were closed, many prominent scientists were subjected to repression. Psychology, including legal psychology, was in fact subordinated to pedagogy. All psychological research, which is at the junction with jurisprudence, has completely ceased. This state of affairs was established for a long time, and only the thaw of the 1960s. changed him for the better.

With the development of cosmonautics, technology, and the activities of polar expeditions, psychology gradually began to acquire the status of an independent and significant discipline. Sociology also made itself known - in the form of mass statistical surveys and journalistic reflections. An important moment was 1964 - the date of the adoption of a special resolution Central Committee Communist Party Soviet Union(Central Committee of the CPSU) "On further development legal science and improvement of legal education in the country”. As part of the Research Institute of the Prosecutor's Office, a department of psychology was opened, and already in 1965, the course "Psychology (general and judicial)" was introduced into the training program for lawyers in higher educational institutions. Applied psychological research began to unfold to ensure the goals of law enforcement, law enforcement and preventive activities. Further understanding of theoretical and methodological problems took place in the late 1960s and early 1970s: the first major works in legal psychology A.R. Ratinova, A.V. Dulova, V.L. Vasilyeva, A.D. Glotochkina, V.F. Pirozhkov.

Over the next twenty years, the position of legal psychology was relatively stable: the active cooperation of psychologists and lawyers brought considerable results. The next blow to domestic science came from the economic crisis of the late 1980s and early 1990s.

After the “second Russian revolution”, a new stage of development began: laboratories and research centers began to revive, departments were opened, books were published. Staff positions for psychologists began to be introduced in district offices militia, remand prisons, places of punishment. Forensic psychological examination has acquired a new status.

AT this moment new destinations open joint work lawyers and psychologists: the need to provide special psychological knowledge of the work of operational-investigative groups, investigators, prosecutors and judges, the creation of centers for psychological assistance to victims was realized. New, experimental directions include the introduction of the institution of juvenile justice, which requires the introduction of new law enforcement agencies psychological structures: a specialized helpline for adolescents at police stations, groups of educators and psychologists of a new generation in children's correctional labor institutions.

Currently, legal psychology is an applied diversified discipline. The following sub-sectors (sections) can be distinguished:

forensic psychology- a section that studies the psychological aspects of the trial (the psychological impact of the speech of the prosecutor, judge, lawyer, the behavior and testimony of witnesses in court, the problems of forensic psychological examination);

criminal psychology- a section that studies the psychological characteristics of the offender's personality, typical psychological portraits of criminals, the motivation of criminal behavior both in general and its individual types (violent crime, mercenary crime, juvenile delinquency, group crime), the dynamics of the development of relations in criminal groups, problems of leadership and psychological coercion;

investigative-operational psychology- a section that studies the psychological aspects of the investigation and detection of crimes: the tactics of examining the scene, interrogation, investigative experiment and giving evidence at the scene and identification, as well as the formation and training of operational-investigative groups;

penitentiary (correctional) psychology- a section dealing with the problems of the psychological effectiveness of various types of criminal punishment, the psychology of convicts and those serving sentences, as well as the development of the psychological foundations for the re-education, re-socialization and readaptation of persons who have broken the law;

legal psychology- a section that explores the problems of legal and illegal socialization of the individual, the conditions for education and models of social adaptation of law-abiding citizens and citizens who have broken the law, the psychological foundations of law-making and law-realization;

psychology of professional activity of a lawyer- a section dealing with the problems of building psychological professiograms of legal specialties (psychological requirements for applicants for a position), career guidance, professional selection, team building, prevention of professional deformation of the individual and recreation;

psychological victimology- a section devoted to the characteristics of the personality and behavior of the victim of a crime, signs of "recognition" of the victim by the criminal, the interaction of victims and offenders at the time of the crime, psychological assistance to victims of crime.

Legal psychology, like any other interdisciplinary science, has system qualities, i.e., a much greater theoretical and practical potential than a certain amount of knowledge obtained from different industries and sciences. Therefore, it is important to know what other branches of knowledge it is connected with. Legal psychology has a number of related issues with the following sub-branches of psychology:

- general psychology considering basic concepts psychology, which studies the basic mental processes, states and personality traits;

– developmental psychology, investigating the development of the psyche, the changes that occur in the process of growing up, the differences in the psyche of people due to age;

– genetic psychology, considering the relationship of individual psychological traits with genetics, the problems of inheritance of mental traits that are not related to situations of upbringing;

– differential psychology, studying the problems of individual development of the psyche, the psychological differences of people in connection with the conditions of their formation;

– social psychology, considering the issues of the difference between group and individual behavior, the dynamics of people's behavior in groups and group behavior, the problems of human interaction, communication;

– educational psychology, investigating the problems of education and training, socialization as a process of assimilation of the culture of society, as well as issues of behavior correction;

- pathopsychology, considering deviations mental development, disorders of mental processes and pathological states of the psyche;

– medical psychology, studying issues of influence somatic diseases on the functioning of the psyche and psychological stress on human health;

- work psychology considering issues of career guidance, professional suitability, effectiveness of professional activity, ensuring optimal mode labor and rest.

Legal psychology continues to develop continuously by establishing new connections with other sciences, including branches of psychology (the so-called horizontal development), and by highlighting new sub-branches, areas of legal psychology itself (vertical development).

Legal psychology sets itself a number of tasks, the solution of which makes it an important theoretical and applied discipline. Among them are tasks such as:

Methodological - consists in the development of theoretical and methodological foundations of legal psychology, specific methods of applied research, as well as in adapting for legal psychology methods and techniques developed in other branches of legal and psychological sciences;

Research - involves obtaining new knowledge that reveals the subject of legal psychology: personality traits of the subject of legal relations, his legal or illegal activities, legal socialization and psychological mechanisms of resocialization of the offender, psychological features of legal procedures;

Applied - is to develop practical advice for legal practitioners in their implementation of law-making, law enforcement and law enforcement activities, methods for improving the quality of work of legal practitioners, organization joint activities psychologists and lawyers, providing assistance in career guidance, professional selection and professional consultation of lawyers;

Practical - involves providing legal practice with special psychological knowledge, development and implementation in practical activities psychological methods of conducting operational-detective and investigative work, effective methods speech impact in order to overcome resistance to the investigation and re-educate persons who have broken the law;

Educational - consists in the development and implementation of new effective courses improving the psychological training of lawyers, including the basic educational course "Legal Psychology", advanced training courses and special thematic seminars.

Speaking of legal psychology as a science, it is necessary to clarify its object and subject. An object is understood as any part of the surrounding world - real or even ideal.

The object of psychology is the psyche, object of legal psychology- the psyche of a participant in legal relations, i.e. a person in the conditions of legal interaction.

The subject is individual for each individual study: it is understood as the part of the object under study. The subject is always a narrower concept, it can be distinguished in the object of study.

The subject of legal psychology may be mental processes, states, individual psychological characteristics of a person, features of interpersonal interaction.

Methodology of Science- a system of principles of cognition, it contains the criteria of scientificity, and therefore, reliability. Methodology is the logic of cognition, a system of principles that ensures the objectivity and reliability of the knowledge obtained. Scientific knowledge related to a particular field is based on the general principles of scientific methodology, i.e. it must be empirically confirmed, explain natural phenomena and processes, obey the laws of logic, be internally consistent and be in harmony with the fundamental theories of other scientific disciplines. Methodology includes the conceptual apparatus of a given science, i.e. specialized terminology, a set of theories and concepts, recognized points of view on the subject, and methods of cognition as ways of obtaining reliable knowledge.

Legal psychology follows a general psychological methodology and relies on the following postulates:

The psyche has material basis, but empirically elusive, i.e., for its existence, the nervous system is necessary, but all the richness of mental phenomena cannot be reduced to the totality of electrochemical processes occurring in the nervous system;

The psyche demonstrates the unity of internal and external manifestations: any mental phenomenon “hidden” from the eyes of others (thought, experience, sensation, decision) is expressed in specific visible manifestations - facial expressions, deeds and actions;

The psyche has systemic qualities - it is multi-level, multi-structural, effectively acts as a holistic formation, and the effect of the coordinated action of its structural elements exceeds the effect of the sum of individual elements;

The psyche of each person is individual and is formed as a result of the individual, unique life experience of this individual. A person is born with certain inclinations, but they can develop only under the influence of the environment, only as a result of communication with other people (the principle of ontogenesis);

The psyche develops in certain historical conditions and is formed under the influence of a particular culture, assimilating the basic requirements of society at a given historical moment (the principle of concrete historical conditioning).

A special place in psychology is occupied by the question of the ethics of scientific knowledge. This is due to the specifics of the object under study.

The psyche of each person is original, unique and priceless. Any intervention in the spiritual life of a person that can lead to a change that is undesirable for him is contrary to humanistic principles. The researcher, experimenter should always be sure that the research procedure will not disrupt the functioning of the psyche, and even more so will not cause negative irreversible consequences. If a physicist can split an atom in order to understand how it works, then a psychologist has no right to destroy his object of study and even no right to influence him in some way if there is even a small probability that the result of this influence will be detrimental.

In the framework of legal practice, the psychologist must also be guided by the norms of conducting investigative actions. The law excludes the possibility of not only physical and mental violence during their implementation, but also any actions degrading the honor and dignity of a person, the introduction opposing side misleading, using illiteracy, religious beliefs, national traditions of the participants in the process. In addition, the law must guarantee the confidentiality of information relating to the personal, intimate life of a person.

Psychological research within the framework of legal proceedings can only be carried out with voluntary consent person and in strict accordance with the rules set out above.

Scientific research methods- these are the methods and means used to build scientific theories, with the help of which we obtain reliable information. Psychology uses the following methods.

1. Observation- observation and registration by the researcher of the behavior of a person and groups of people, which make it possible to reveal the nature of his experiences and features of communication. This method is based on the principle of unity of external and internal manifestations mental life - any emotion, thought, memory, decision are manifested in specific action, regardless of whether the person himself realizes and notices this action. There are several types of observation:

– included observation- the subject knows that he is being observed, the experimenter and the subject interact during the observation;

- external observation- the subject does not see the observer, does not know which of the participants in the observation is the observer, the subject and the experimenter do not communicate during the experiment, therefore, the subject does not receive " feedback» from the experimenter;

- observation in the group- the experimenter monitors the behavior and interaction of a group of people, as a rule, in this case, he does not participate in group communication;

– self-observation- the experimenter and the subject are one person who participates in the experimental situation and notes the features of their behavior and experiences.

In legal psychology, the method of observation is used quite widely: in the professional selection of members of operational groups, to optimize the activities of investigation teams, to reveal the features of communication between prisoners in correctional institutions, to reveal the features personality traits and detection of false testimony during interrogations. At present, the observation method is supplemented by the use of technical means - video and audio recordings.

2. Samples and measurements– registration of data reflecting simple psychophysiological processes. The main objectives of such a study are to determine the capabilities and characteristics of vision, hearing, memory of the subjects, to identify temperament, or the dynamic properties of the nervous system, endurance and fatigue, the characteristics of the psyche's response to changes in the somatic state of the body (high or low temperature, rarefied air or fatigue).

This method is important when checking witness testimony, because it shows whether a given person under given conditions could really see and hear what he testifies, or whether his testimony is the result of speculation and fantasies. The method of trial and measurement is necessary to find out the possible causes of traffic accidents, industrial accidents and disasters associated with the work of a human operator. Samples and measurements are most often carried out in laboratory conditions, where the corresponding conditions are simulated, but can also be carried out in real mode.

3. biographical method- this is a study of the history of a person's life in order to reveal the characteristics of personality traits and circumstances that led to the formation of this type of personality. This method is based on the principle of ontogeny, according to which individual life experience, the conditions of growing up and upbringing are decisive for the formation personality traits. Numerous psychological studies have led to a number of conclusions that culture, religion, social stratum (from Latin stratum - layer), area of ​​​​residence form certain features that are characteristic of most people belonging to this group. On the formation of personality have significant influence family composition and family relations, school education, relationships in the children's and adolescent environment, the psychological climate of the workforce. The biographical method also makes it possible to show whether the behavior that played a role in the circumstances of a legal conflict is typical for a given person, or whether such behavior is situational, that is, it manifested itself suddenly as a reaction to complex or unforeseen circumstances. In forensic psychological examination, the biographical method is one of the main methods for studying a person's personality.

4. Activity product analysis method- the study by a psychologist of material traces left by a person that carry information about the features of his mental life and behaviour. Usually, diary entries, correspondence, literary works, drawings, collections of objects, professional tools and equipment, hobbies, and home interiors are studied. The objects surrounding a person bear the imprint of his habits, preferences, inclinations, lifestyle and indirectly indicate the traits of his character. Particularly informative are diary entries, drawings and literary works (if any) - they reveal the most intimate experiences, thoughts, all the richness of the emotional sphere.

This method goes back to the psychoanalytic tradition, where any work is considered as a revelation of the “unconscious” person, i.e., that area of ​​the psyche that contains desires and aspirations, sometimes hidden not only from the eyes of others, but suppressed and forbidden by a person to himself.

The method of analysis of activity products is used to study the personality traits, behavior, emotional experiences of a person inaccessible for research (deceased, missing, abducted, unidentified person), and as an additional tool for revealing personality traits, behavior and emotional experiences in the case when a person available.

5. Testing- a special psychological method, the most well developed and often used. The basis of the study with the help of tests was the principle of the unity of internal and external manifestations of the psyche. Psychological tests are very diverse both in terms of research objectives and in the form of test material. With the help of tests, psychology can examine almost everything psychological manifestations: temperament, thinking and intelligence, strong-willed qualities, desire for power and leadership qualities, sociability or isolation, professional suitability, inclinations and interests, leading motives and values, and much more.

For convenience, tests can be divided into types. By research objectives we single out tests of mental states and tests of personality traits. There are tests designed to provide information about blocks of personality characteristics, for example multifactor questionnaire Cattell or thematic apperceptive test, there are tests designed to comprehensively examine a single psychological characteristic, such as the Rosenzweig frustration test or the Eysenck intelligence test. State tests can reflect a cheerful or tired state, high spirits, depression, stress, anxiety.

By submission form The test material is divided into tests-questionnaires and projective tests. Questionnaire tests consist of lists of questions to which answers are offered, the answers obtained are compared with standardized ones, on the basis of which they either obtain a numerical expression of some characteristics (for example, this subject scored 10 points on the “anxiety” scale, which corresponds to the norm), or refer person to certain category(for example, demonstrative-hyperthymic type). Projective tests do not contain ready-made answers; their application is based on the premise that a person's free associations on given topic reveal the characteristics of his personality. A classic example of a projective test is Rorschach blots, where in abstract ink compositions each person sees something of his own, what he is inclined to, and highlights fragments of the image in his own, unique way.

The most complete and accurate information about a person can be obtained by using various tests in a complex way. In this way, the psychologist can discover largest number psychological properties of a person, recheck the data of one test with the data of another, make an adjustment for the current state. The branch of psychology concerned with the development psychological tests and questions of their most effective application is called psychodiagnostics.

Testing in legal psychology is used to analyze the personality traits of persons under investigation, in special occasions- Plaintiffs and witnesses, as well as an additional tool for identifying roles and hierarchies in criminal gangs (for the purpose of professional selection).

In this way, legal psychology- the science of the functioning of the human psyche involved in the sphere of legal relations. It is an interdisciplinary, applied science that arose as a result of the need to improve the science of law. Legal psychology is associated with many branches of psychology and law. Her an object- human psyche subject- various phenomena of the psyche, individual psychological characteristics of the personality of participants in legal relations. General psychological methodology uses research methods of psychology: observation, trials and measurements, biographical method and method of analysis of activity products, tests.

Legal psychology is a science in which various areas of psychology and jurisprudence are synthesized. Any field of 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. The rules that are binding on a certain group of 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 regulate the relations of people in the use of natural resources (rates of consumption of electricity, fuel, water, etc.). Social norms refer to the sphere of social, interpersonal relations, and include customs, moral and legal norms.

Morality is a set of social norms that have developed within a large social group or the whole society. They are supported by the power of public opinion and require the performance of certain actions or refraining from condemned actions.

Law is the will of the ruling class elevated to law. 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 individual types 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. Changes in life, its social conditions, and the general development of science 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.

There are three general areas of 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.
The study of the structural elements of 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 resocialization 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 the field of psychology.

Development of practical recommendations for practicing lawyers on their implementation of law enforcement, law enforcement and law-making functions, improvement and improvement of their own work, stimulation of 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 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 legal psychology, define the main concept. Principle (from lat. principium - basis) - central concept, the logical expression of knowledge, the fundamental idea that permeates the system of knowledge and establishes the subordination of this knowledge. general principles construction of any theory, including legal psychology, are the principles of connection and development, historicism, consistency and causality.

The principle of historicism makes it possible to characterize social phenomena as a natural, directed and irreversible development, a progressive trend, the struggle of internal contradictions in 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 of resocialization of the offender's personality.

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, the principle of humanism, common in legal sciences, must be applied 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, the mental patterns of human relations regulated by the rule of law are studied, and scientifically based recommendations are developed for practitioners involved in the 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, adapting them to the conditions of normal existence in a normal social environment. These methods, in addition to their criminal procedural 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 person under investigation, 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 complicated method, as it requires a developed intellect, knowledge of logic from the person who applies it.

Other methods of this group include suggestion and manipulative tactics.

Suggestion is nothing more than an intrusion into a person’s consciousness (or instilling an idea in him), occurring 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, in solving educational problems.

Manipulative influence is a form of interpersonal communication in which the influence on a communication partner in order to achieve one's intentions is carried out secretly. 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 carried out by an expert psychologist on the basis of an 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 complex of methods used in the SPE is determined by the nature of the offense, the specific tasks, which are put before the expert, 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 register the results of observation can be used technical means, primarily recording speech 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 to a relatively large group of people to obtain quantitative material about the facts of interest to the researcher. This material is subjected 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 different answers to the automaton to a number of "critical" questions than in the questionnaires.

Method of interview (conversation). As an auxiliary method, it 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 its main goal - obtaining objective and complete information about the crime event. When preparing for a conversation, great attention should be paid to the wording of questions, which should be short, specific and understandable.

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. The disadvantages of the laboratory experiment include 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 the laboratory and their course in normal conditions. These shortcomings are overcome by using the method of natural experiment.

In general, a systematic approach, combined with various methods of psychology and jurisprudence, allows one to analyze the interaction in sufficient depth and identify the main psychological patterns of the activity process, the structure of the personality and the system of legal norms, and give an accurate description of this interaction, taking into account all the participating elements.

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) the psychology of criminal proceedings, which studies 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) correctional psychology, whose tasks are to study the psychological problems of the punishment itself, the psychology of those sentenced to imprisonment for the social adaptation of the released.

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 an applied discipline and equally belongs to both psychology and jurisprudence. In the field of social 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 normative behavior of people. Below we will briefly consider this concept, after which we will proceed to consider 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 the search for scientifically based methods to reduce the possibility of violating legal norms through the psychological correction of these states, 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, essentially, psychological issues are considered - self-interest and revenge, deceit and cruelty, love and jealousy, etc. At the same time, the judge, the 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 of social life, individual styles of thinking, their characters are not the same, their relationship to themselves, to the world around them is peculiar.

Understanding exactly why we do things the way we do enables us to better understand our lives and manage them more consciously. The judge and the investigator, the prosecutor and the defender, the administrator and educator of the correctional colony must be armed with psychological knowledge that allows them to correctly navigate the complex and intricate relationships and conflicts that 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 carry out 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 be directly related to the disclosure and investigation of crimes, 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 the spiritual world of a person, acquired from time to time, is 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 the 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. Herself professional competence is largely determined by the personal potential of a jurist, i.e. by the system psychological factors, which can be united by 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 the psychological characteristics of individual legal professions, the 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 possess 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, adherence to principles and justice, organization and independence, the recommendations of psychological science are of great importance, 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.). The psychological competence of forensic investigators helps "to prevent sometimes serious errors that may arise in judging human actions due to underestimation of psychological issues."

Legal psychology is a scientific and practical discipline that studies the psychological patterns of the "man - right" system, 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 are divided into two large categories: law-abiding activities and activities related to 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 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 been intensively researching 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, a detailed description of all aspects of this complex professional activity, personal qualities and skills that are implemented in it, and, secondly, scientifically based recommendations on the compliance of a particular human personality with the objective requirements for the legal profession. , 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 advice and orientation, professional selection and professional education, specialization and prevention of professional deformation of the psyche of law enforcement officers. However, there are a number of border areas, due to 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.

Modern science is characterized by the combination of two opposing trends - the growing differentiation and integration of various branches of science. The emergence of special disciplines is due, of course, to the growing differentiation and progress of 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 a general theory of a particular 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.