New methods in legal psychology. Methods of legal psychology

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Russian Academy of National EconomyAndGOcivil serviceatPresident RRussianFfederation

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Shilo Dmitry Sergeevich

Novosibirsk 2012

Methods of legal psychology

method legal psychology observation

Each science has its own subject and corresponding methods of scientific research, to which the following requirements. First, the phenomenon under study must be investigated in its development and in connection with the environment, in interconnection with other systems. Secondly, 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.

According to the objectives of the study, the methods of legal psychology are divided into three groups:

1. Methods of scientific research.

With the help of them, mental patterns are studied human relations governed by the rule of law, as well as developing evidence-based recommendations for practitioners engaged in work to combat or prevent crime.

2. Methods of psychological impact on personality.

They are carried out by officials involved in the fight against crime. These methods pursue the goals of preventing criminal activity, solving a crime and identifying its causes, re-educating criminals, and adapting them to the conditions of normal existence in a normal social environment. These methods, in addition to their criminal procedure regulation, are based on the scientific methods of psychology and are closely related to criminology, forensic science, correctional labor pedagogy, etc.

3. Methods of forensic psychological expert examination

The purpose of these methods is the most complete and objective research conducted by an expert psychologist on the order of the investigating or judicial authorities. The range of methods used in this study is limited by the requirements of the legislation governing the production of expertise. The psychological analysis of a criminal case belongs to the peculiar methods of legal psychology. The method of psychoanalysis is also relevant, which contributes to a deeper and more comprehensive study of the personality, especially the sphere of the subconscious. In legal psychology, there is a system of methods for the psychological study of 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, judicial trial and 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. With direct observation, the study is carried out by the person himself, who draws conclusions from the results of this observation.

Such observation 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 observation carried out by other persons. This type 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.

Non-included observation is an observation from the outside, 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).

The advantage of included observation is direct contact with the object of study, registration of events that, if observation was not included, 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 for their mental state.

The scientific value of self-observation data depends on how objective they are, real facts. As life observations and experimental studies show, people tend to overestimate their merits and belittle their shortcomings. While not the only method, self-observation combined with objective methods can produce positive results. The researcher can judge by himself, for example, the influence of certain factors on participants in an investigative or judicial action, supplementing the results of self-observation with objective data.

Conversation Method

aim psychological research is the deepest possible knowledge of the personality, its inner world, 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 material that is collected in this case has a speech form. The researcher judges the phenomenon under study by the speech reactions of the interlocutor. The effectiveness of the conversation depends on:

· the ability of the researcher to make personal contact with the intervieweeAndcom;

· having a well-thought-out conversation plan;

· the ability of the researcher to ask not direct, but indirect questions.

The significance of the conversation depends on the objectivity of the data obtained using this method. Therefore, it is recommended to receive more factual information in a conversation, some questions should be controlled by others, it is recommended to use tape recordings that record not only the content of conversations, but also intonations. The repetition of the conversation with the same person, but with a slightly modified plan to avoid cliché, is one of the conditions for the effectiveness of the method.

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. Sometimes it is advisable to conduct a conversation in conditions that are most familiar to the person whose personality is being studied. Therefore, if the interrogation is aimed only at getting to know the person, it can be carried out at the place of work, residence, rest of the person.

Questionnaire method

This is a survey of a large circle of people according to a strictly established form - a 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 the right to implement.

In parallel with the survey, an "automatic public opinion"(telephone survey). Its main advantage is complete anonymity. Thanks to this, for a number of "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 activity. law enforcement.

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. By interviewing judges, one can obtain information about the ways of forming their inner convictions, the criteria for evaluating evidence, the methods of establishing psychological contact with the defendants, the shortcomings and advantages of the judicial procedure, etc. Generalization of the interview results provides representative material for theoretical conclusions and recommendations for the most effective implementation of law enforcement activities.

biographical method

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.

The biographical research method has attracted the attention of many foreign lawyers, psychologists and criminologists involved in the study of crime. In order to study the personality of criminals, various biographical questionnaires were developed, which have not lost their relevance at the present time. The most important official documents, information from which can be used to summarize independent characteristics, are:

· characteristics from the place of work, study, residence;

· old criminal cases, if the person under study had a previous conviction. In this case, the analysis of the minutes of the court session is of great benefit. In a courtbmeeting most clearly manifested some psychological features personality (method of protection, attitude to fellowAstnikam, etc. e);

· personal file of the prisoner (if the person under study was serving a sentence). From it you can get information about the behavior in the colony, about the attitude towardshkim and others;

· medical records, medical histories;

· acts of forensic psychological and forensic psychiatric examinations, if the person under investigation was brought to criminal responsibility.

experimental method

This 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. Laboratory experiment is mainly applied in scientific research, as well as during the forensic psychological examination.

disadvantage this method is the difficulty of using laboratory equipment in the conditions of practical activities of law enforcement agencies, as well as the difference between the course of mental processes in laboratory conditions and their course under normal conditions. Mentioned disadvantages overcome by using the method of natural experiment. In a natural experiment, its participants perceive everything that happens as a genuine event, although the phenomenon under study is placed by the experimenter in the conditions he needs and is subjected to objective fixation.

legislative experiment

Checking the psychological prerequisites for effectiveness legal regulations can be carried out within the framework of such a specific method as a legislative experiment. This refers to proposals for improving legislation, which, before being finally adopted, must be tested for a certain period in a limited area or even the entire country, which makes it possible to avoid hasty and insufficiently mature decisions. Such experiments were carried out both abroad and in our country.

So, on an experimental basis in England in 1965, the use of the death penalty was suspended (until July 31, 1970). After this period, the Parliament had to either finally abolish the death penalty (which it did), or return to the pre-existing situation, when the death penalty was provided as the highest measure in a number of categories of murder cases. Currently, in some regions of Russia, an experimental approbation of the institution of jurors, who consider criminal cases for the most serious crimes, is being carried out.

Formative experiment

There is also another type of experimental method that can be used in legal psychology - a formative (training) experiment. It is aimed at studying mental phenomena in the learning process and vocational training by introducing the most active methods of training, including problem-based ones, with the help of which the professionally important qualities of a future specialist-lawyer are formed. In a modified form, this method can be used in the activities of correctional institutions. With its help, convicts can be instilled with skills for work, new views and attitudes towards society, and socially acceptable behavior can be formed.

association experiment

Finally, one more kind of experimental method can be noted - the associative experiment, first proposed by the English psychologist F. Galton and developed by the Austrian scientist C. 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.

The application of this method for psychodiagnostics (determining the involvement of a suspect in a crime) will be discussed in more detail in the chapter on the history of the development of legal psychology.

Test method

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. IN modern psychology the most widely used assessment tests, projective tests and personality questionnaires.

In legal psychology, in some cases, projective (or affective) tests can be used. They are designed to reveal personal attitudes, as they provoke a person to reveal them. The most common among them are the Rorschach test (using ink blots), the Murray thematic apperception test (TAT), the Rosenzweig test (frustration), tests using drawings, etc. Personality questionnaires are built on the principle of a person’s self-esteem. Among them, the most famous is the "MMPI" test, which contains 384 statements. Based on the results of the answer, a psychological profile of the individual is compiled. The questionnaires of Taylor and Eysenck are similarly constructed: the first determines the level of anxiety of the individual, the second - the degree of isolation, sociability, emotional imbalance. The Eysenck questionnaire also makes it possible to determine the type of temperament and some personality traits. The most widely used tests in the conduct of forensic psychological examination and the study of the personality of the offender.

Method for analyzing 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. An important role in legal psychology is played by the study of the processes and results of law enforcement activities.

To clarify the role of the personal factor, professional skills, it is necessary to generalize best practices, as well as errors in the activities of law enforcement agencies resulting from the action of various psychological factors. For this purpose, materials on the exchange of experience, publications of well-known lawyers are studied, which reveal the secrets of their skills and give advice on overcoming professional deformation and other negative phenomena.

A specific variation of this method is the study of the results of criminal activity, methods of committing a crime. Criminalists are well aware that recidivist criminals who "specialize" in a particular type of crime usually commit them in the same way. Repeating, the method of crime forms the so-called "criminal handwriting". Sometimes the "calling card" of a criminal can be an encroachment on the same objects, for example, theft of only paintings (precious items, video equipment, cars). Knowledge of the method of committing a crime to solve a crime has been used by forensic science since late XIX century when it was developed special kind forensic accounting of criminals - according to the method of committing a crime - M08. The study of the method, place and time of the commission of a crime sometimes makes it possible to establish some personal characteristics of the offender (cruelty, prudence, frivolity, etc.).

The dismemberment of a corpse or attempts to destroy it by burning may indicate the composure or emotional dullness of the offender (sometimes this is a sign of a mental disorder). According to the method of committing a crime, professional skills and abilities, the level of intellectual development, and the abilities of the accused can also be established. Making, for example, fake stamps, seals, banknotes is far from being possible for every person; opening complex safes requires detailed knowledge and excellent abilities. Analysis of the method of committing a crime may indicate the emotional state of the offender. The infliction of a large amount of bodily harm on the victim may sometimes indicate that the offender was in a state of strong emotional arousal or passion.

Method of psychological analysis of documents

A document in the broad sense of the word (i.e., 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 between documents of legal significance and documents that are not related to law.

Let's focus on legal documents for now. In the process of studying the legal norms governing, say, criminal procedural activity, psychological analysis helps to understand the requirements for the profession of an investigator, a judge, to discover in these norms a reflection of mental patterns taken into account in the production of a number of investigative actions, for example, presentation for identification, interrogation of a minor, etc.

The analysis of judicial practice is especially rich in psychological content, since it is primarily the study of judicial cases, i.e., cases in which a court decision was made. If a lawyer is mainly interested in the correctness or incorrectness of the application of the norm (or norms) of law in a court decision, then the psychologist in his analysis will strive to see life situation, a combination of interpersonal (socio-psychological) and individual (psychological) phenomena in it, which the court decision revealed.

Content analysis method

In addition to a qualitative analysis of a legal document, i.e., an analysis of the meaning, its content side, which was discussed, there is a quantitative, formalized analysis, selection and processing of information units. The most common method here is the content analysis method.

The essence of the method lies in the selection of semantic units (word and symbol) in the content of the text, which can be unambiguously fixed and translated into quantitative indicators using units of account. As units of account, the frequency of occurrence of a feature in the text, the volume of text containing a semantic unit "(in lines, paragraphs) are used. There is an analysis of non-legal documents, materials, which is of particular interest to legal psychology. Here you can dwell on the analysis of press materials, works fiction. The press always pays sufficient attention to legal topics. It reflects various areas public opinion, which are interesting for a psychologist to know, since this allows you to get an idea of ​​the level of development of legal consciousness, the legal culture of the population as a whole and its individual strata, the prestige of law in society, and a number of other points.

One of the means of obtaining psychological and legal knowledge are works of fiction. The best examples of detective literature, as well as the works of the classics - O. Balzac, V. Hugo, F. Dostoevsky, L. Tolstoy, L. Andreev, and in our time A. Solzhenitsyn, V. Shalamov, who covered the events of a criminal nature, provide an extensive material for the knowledge of the psychology of the criminal, life and customs criminal world, psychological aspects of investigative and judicial activities.

The analysis of documents also makes it possible to obtain information about the person being studied. These can be letters, diaries, abstracts, reports, notes, literary works and so on. When evaluating a person according to documents, it is necessary to take into account not only their content, but also the form of expression of thoughts, feelings, states. A special place in the study of personality is occupied by graphology - a science that aims to determine the properties of a person according to the characteristics of individual handwriting.

By writing, you can determine the gender of a person, the level of education, emotional state, disturbances in speech and psyche, and some features of temperament. Any study of an individual ends with a generalization of all the materials received, which is reflected in the psychological characteristics of the individual. Drawing up a characteristic helps to navigate in collected material, helps to identify and eliminate existing contradictions, allows you to establish the socio-psychological causes of the crime (if the person being studied is the accused).

WITHLIST OF USED LITERATURE

1. Andreev N.V. Psychological support of the negotiation activity of police officers in extreme conditions. - M., 1997

2. Administrative activities of the Department of Internal Affairs. /Under the total. ed. L.P. Koreneva. - M, 1998.

3. Grishina NV Psychology of conflict. - St. Petersburg, Peter, 2000.

4. Gregory R.L. Eye and brain. Psychology of visual perception. M., 1970.

5. Emelyanov S. M. Workshop on conflictology. -- 2nd ed. - SPb., 2001.

6. Kertes I. Tactics and psychological foundations interrogation. M., 1965.

7. Kravkov SV. The interaction of the senses. M.: L., 1948.

8. Kolomeets V.K. Questions psychological preparation police officers to actions in particular difficult conditions. - Sverdlovsk, 1975.

9. Luria A.R. Sensations and Perception: Materials for a course of lectures on general psychology. M., 1975.

10. Myasishchev V.N. Psychology of relations // Selected psychological works - M.; Voronezh, 2005.

11. General psychology / Ed. V.V. Bogoslovsky and others. M., 1981.

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

The psyche has a material basis, but is empirically elusive, that is, 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 its coordinated action structural elements outweighs the effect of the sum of the 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 in a given historic moment(principle of concrete-historical conditionality).

A special place in psychology is occupied by the question of ethics. 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, the 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 that degrade the honor and dignity of a person, mislead the opposing side, use illiteracy, religious beliefs, national traditions of the participants in the process. In addition, the law must guarantee the confidentiality of information relating to personal, intimate life person.

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

Scientific research methods are the methods and means used to build scientific theories through 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 the unity of external and internal manifestations of mental life - any emotion, thought, memory, decision manifests itself in a specific action, regardless of whether the person himself is aware 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 characteristics of personality traits and identify 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, the identification of temperament, or dynamic properties nervous system, endurance and fatigue, features of the response of the psyche to changes in the somatic state of the body (high or low temperature, rarefied air or fatigue).

This method is important in verifying testimonies, 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 the individual life experience conditions of growing up and education are decisive for the formation of personal characteristics. 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. The formation of personality is significantly influenced by the composition of the family and the characteristics of relations in the family, 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 the legal conflict is typical of this person, or 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 behavior. Usually, diary entries, correspondence, literary works, drawings, collections of objects, professional tools and equipment, hobbies, 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, that is, 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 explore almost all psychological manifestations: temperament, thinking and intelligence, volitional qualities, desire for power and leadership skills, 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, such as the Cattell multifactorial questionnaire or thematic apperception test, there are tests designed to comprehensively study 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 a person to a certain category (for example, a 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 projective test are 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 this way, a psychologist can reveal the greatest number of psychological properties of a person, double-check the data of one test with the data of another, make an adjustment for Current state. The branch of psychology that deals with the development of psychological tests and the most effective application of them is called psychodiagnostics.

Testing in legal psychology is used to analyze the personality traits of persons under investigation, in special cases - plaintiffs and witnesses, as well as additional funds to identify roles and hierarchies in criminal gangs(for selection purposes).

Thus, 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 item- 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.

Methodological bases.

Each science has its own subject and corresponding research methods. However, regardless of the area in which the research is conducted, certain requirements are imposed on scientific methods:

firstly, the phenomenon under study must be studied in its development, in relation to the environment and other systems;

secondly, scientific research must be objective - this means that the researcher must strive to ensure that his subjective assessments and opinions do not affect the process of observation and the process of formulating final conclusions.

Legal psychology is an independent scientific discipline, which focuses on the problems of harmonizing a person and law as elements of a single system. It can successfully develop and solve the complex of tasks facing it only thanks to a systematic approach.

The basis of the systematic approach is the study of the process of activity in conjunction with the structure of the personality and the system of legal norms. Only the systemic method makes it possible to analyze the interaction of these structures in sufficient depth and to reveal the basic psychological patterns of such interaction.

The object of study of legal psychology and the psychology of legal labor is a person as a subject of law enforcement and a participant in legal relations. In this aspect, it is studied by jurisprudence, philosophy, psychology and a number of other sciences. The task of legal psychology is, first of all, to investigate and identify the psychological patterns of a person’s activity and personality in the field of legal regulation and develop practical recommendations for improving the effectiveness of law enforcement.

The methodology of this discipline is different in that the personality is studied in the dynamics of the offense, in the process of its reconstruction based on the materials of the investigation and court case.

One of the methodological principles of legal psychology is a personal approach. Legal psychology always has a personality as an object of study, since the system of legal norms is addressed to it.

One of the most important tasks of legal psychology is the identification of internal personal prerequisites, which, in interaction with certain external factors can create a criminogenic situation for a given person, i.e., the allocation of criminogenic personal qualities and prerequisites.

An example of the implementation of the system method in the psychology of legal work can be a professiogram, which is a complex hierarchical structure. Each of the sides of the professiogram reflects, firstly, a certain level of professional activity, and secondly, personal qualities, skills, abilities, as well as knowledge that ensure professional success at this level.

Classification of methods.

Legal psychology makes extensive use of various methods of jurisprudence and psychology to reveal the objective patterns it studies. These methods can be classified both in terms of goals and methods of research.

According to the objectives of the study, the methods of forensic psychology are divided into the following three groups.

METHODS OF SCIENTIFIC RESEARCH. With their help, they study the psychological laws of human relations, regulated by the norms of law, and also develop scientifically based recommendations for practice - the fight against crime and its prevention.

METHODS OF PSYCHOLOGICAL IMPACT ON PERSONALITY. These methods are used by officials involved in the fight against crime. The range of application of these methods is limited by the framework of criminal procedure legislation and ethics. They are aimed at achieving the following goals: preventing criminal activity, solving a crime and identifying its causes, re-educating criminals, adapting (adjusting) them to the conditions of normal existence in a normal social environment.

METHODS OF FORENSIC PSYCHOLOGICAL EXAMINATION.

Their purpose is the most complete and objective research conducted by an expert psychologist on the order of the investigating or judicial authorities. The range of methods used in this study is limited by the requirements of the legislation governing the production of expertise.

The main methods used by the methods of forensic psychological research are as follows:

method of psychological analysis of criminal case materials;

anamnestic (biographical) method;

methods of observation and natural experiment;

instrumental methods for studying individual psychological characteristics of a person.

From right choice research methods largely depends on the quality and scientific level of each specific examination of mental phenomena. An expert psychologist is not entitled to use insufficiently tested methods of psychodiagnostics in the course of an expert study. In some cases, when their use seems essential to study the subject matter of the examination, each new method should be described in detail in the PSE report, indicating its diagnostic capabilities and data on the reliability of the measurement.

One of the methodological principles of the organization and conduct of the SPE is the use of the method of reconstructing the psychological processes and states of the subject in the period preceding the crime event, at the time of the crime and immediately after it, identifying the psychological characteristics and dynamics of these processes.

Some authors distinguish three stages in the formation of an antisocial act: a) the formation of a person with an antisocial orientation; b) formation in the subject of a specific decision regarding the commission of an antisocial act; c) the implementation of this decision, including the commission of an act and its harmful consequences. An expert psychologist is faced with the task of identifying psychological determinants at each stage. Decision-making is considered as a process of interaction of the personality traits of the subject, his attitudes, value orientations and motives of behavior with the features of the objective external situation in which he must act.

In the problem of personal conditioning of decisions regarding the commission of an antisocial act, the main question is what role individual properties of the psyche play and whether they regulate the decision-making process. Each personality is characterized by an individual combination of techniques to get out of the difficulty, and these techniques can be seen as a form of adaptation.

Psychological defense is a special regulative system for stabilizing the personality, aimed at eliminating or minimizing the feeling of anxiety associated with the awareness of the conflict. The function of psychological defense is to protect the sphere of consciousness from negative, traumatic experiences. Among defense mechanisms stand out such as fantasies, rationalizations, projections, denial of reality, repression, etc. More complex forms of defensive reactions can be observed, manifested in simulative and dissimulative behavior. Psychological defense mechanisms are associated with the reorganization of conscious and unconscious components of the value system.

Features of psychological protection are determined by individual psychological and age characteristics.

Thus, taking into account the breadth and diversity of the tasks facing an expert psychologist, it is necessary not to conduct a one-time study of the subject's personality, but to study the process of its development, analysis of the diversity of its manifestations in different conditions. None of the psychological methods guarantees the receipt of completely reliable and valuable data about the individual. An important aspect of a productive study of personality is the combination of data from standard and non-standard studies, a combination of experimental and non-experimental methods.

The specific methods of legal psychology include the psychological analysis of a criminal case. Especially productive here is the study of the problem of decision making (criminal psychology, investigative psychology, litigation, psychology of the victim, etc.).

The peculiarities of legal psychology, in particular, include special, exceptional conditions and circumstances in which the person under study is located: the victim, the criminal, the eyewitness. These conditions (criminogenic situation, criminal situation, investigative situation, etc.) in which a person operates “reveal” such of its structures and qualities that, under the conditions of ordinary research, are either very difficult to detect or not visible at all.

Relevant for legal psychology is the method of psychoanalysis, which contributes to a deeper and more comprehensive study of the personality, especially the sphere of the subconscious.

The psychoanalytic model involves consideration and understanding of the internal dynamics of the mental life of the subject: the struggle between various conscious and unconscious needs and motives of his behavior, the requirements of reality, as well as an analysis of his psychological defenses, the nature and typical manifestations of resistance, etc.

The psychoanalyst seeks to help the client realize his deepest problems It is assumed that most of the difficulties in a person's life are caused by conflicts laid in the process of his development, and the goal of psychoanalysis is to help the person resolve the conflict. ^!

The goals of psychoanalysis are: the integration of conscious and unconscious components of the psyche; individuation as a process of spiritual maturation; awareness of the determining motives of one's behavior; awareness of one's own internal resources, talents, opportunities; development of mature relationships (care, responsibility); taking responsibility for one's behavior; improving the living conditions of others; development of ego functions; development of autonomy; development of the Self; productive being, activity, relationships, separation of internal and external reality; integration of past and present experience; clarification of the place of one's "I" among others; recognition of the value of the process of relations with oneself and the world; achievement of identity; overcoming isolation; the formation of basic trust, competence, intimacy; ego integration; emphasizing the uniqueness of each individual; awakening of social interest; understanding and shaping lifestyle. Psychoanalysis has become widespread in the study of the motives of criminal behavior, true reasons complex conflicts, definition, degree of social neglect, etc.

| With regard to methods of research, forensic psychology has methods of observation, experiment, questionnaire method and interview method.

OBSERVATION METHOD. Its main value lies in the fact that in the process of research the normal course of human activity is not disturbed. At the same time, in order to obtain objective results, it is necessary to observe a number of conditions: to determine in advance what patterns are of interest to us, to draw up an observation program, to correctly record the results, and, most importantly, to determine the place of the observer himself and his role in the environment of the studied persons. Compliance with these requirements is very important for situations that are studied in forensic psychology. To record the results of observation, technical means can be used, primarily recording the speech of the observed on tape. In some cases, it is useful to apply photography and filming. Observation can be carried out not only by a research psychologist, but also by any official who needs to obtain relevant information in order to use the results of its analysis in the fight against crime.

EXPERIMENTAL METHOD. The use of this method reveals the dependence of the characteristics of mental processes on 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 primarily 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.

The laboratory experiment is widespread mainly in scientific research, as well as in the conduct of forensic psychological examination. The disadvantages of a laboratory experiment include the difficulty of using technology in the conditions of practical activities of law enforcement agencies, as well as differences in the course of mental processes in laboratory conditions and in ordinary ones. These shortcomings are overcome by using the method of natural experiment. First of all, this refers to the conduct of investigative experiments, the purpose of which is to test certain psycho-physiological qualities of victims, witnesses and other persons. In difficult cases, we recommend inviting a specialist psychologist to participate in the investigative experiments.

QUESTIONNAIRE METHOD. This method is characterized by the homogeneity of questions that are asked about big group persons 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 forensic psychology, the questionnaire method has become widespread in the study of the mechanism for the formation of criminal intent (a large number of plunderers of state property and hooligans were surveyed). The questionnaire method was widely used in the study of the investigator's professiogram, his professional suitability and professional deformation. Currently, the questionnaire method has begun to be used to study some aspects of the causes of crime.

The main advantage of this method is its complete anonymity. Due to this, the subjects, when using the “machine”, gave different answers to a number of “critical” questions than in the questionnaires.

METHOD OF INTERVIEW (CONVERSATIONS). This auxiliary method can be used at the very beginning of the study for the purpose of general orientation and the creation of a working hypothesis. This application is typical, in particular, in the study of personality during the preliminary investigation.

An interview (conversation) can also be used after questionnaire research, when their results are deepened and differentiated through interviews. When preparing for a conversation, great attention should be paid to the wording of questions, which should be short, specific and understandable.

In recent years, there has been a sharp increase in interest in the use of computer psychodiagnostics. The first variants of automated psychological systems were developed in our country in the 1960s. But they did not receive mass distribution due to the complexity of operating computers and their high cost. And since the mid-1980s. computer systems are already widely introduced into testing practice.

In legal psychology, it seems very productive to study the psychological patterns of personality behavior, which has legal consequences in a problem situation. This approach is effective both for studying the psychological patterns of law-abiding behavior and for elucidating the mechanisms of illegal behavior and its various consequences (from the detection of a crime to the resocialization of a criminal).

So, a systematic approach in combination with various methods of psychology and jurisprudence allows you to analyze and identify the basic psychological patterns of the process of activity, the structure of the personality, the system of legal norms and the nature of their interaction, and also give an accurate description of this interaction, taking into account all the participating elements and highlight it. meaningful properties.

Name the main classification of methods according to the objectives of the study.

What refers to the instrumental methods of studying individual psychological characteristics?

List the basic principles of organizing a forensic psychological examination?

Describe in detail the methods: observation, experiment, interview method, questionnaire method.

What depends on the correct choice of research method?

Literature:

Legal psychology, VL Vasiliev, pp. 36-51 (according to the new fifth edition).

Any science, as you know, is primarily aimed at conducting an objective study and, therefore, determining its main methods and auxiliary methods.

Method- this is the path of knowledge, a way that allows you to explore the subject of science. Therefore, the methodology of science includes, along with principles, guidelines, scientific approaches also a system of research methods.

legal psychology uses the system of scientific methods of both psychology as a whole, being its branch, and a specific set of methods that provide the process of cognition of its subject. 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 as goals, as well as research methods. According to the objectives of the study, the methods of legal psychology can be divided into three groups.

1. Methods of scientific research. With their help, the mental laws of human relations, regulated by the rule of law, are studied, and scientifically based recommendations are developed for practitioners dealing with the problems of protecting the rights and freedoms of citizens.

2. Methods of psychological impact on personality. Persuasion can be attributed to the main method of influence that can be used in legal psychology. Persuasion is an impact on consciousness, feelings, will by communicating, explaining and proving the importance of a particular position, look, act or their inadmissibility in order to force the listener to change his views, attitudes, positions, attitudes and assessments, or to share the thoughts or ideas of the speaker (for example, to convince the defendant, the suspect, the accused, the witness, the victim to give truthful testimony). Persuasion is the main, most universal method of guidance and education and should be widely used in the activities of the judiciary and law enforcement agencies. The mechanism of persuasion is based on the activation of human mental activity. You need to be convincing. Argumentation is the presentation of logical arguments in order to prove the truth of a proposition. Persuasion is a complex method, as it requires a developed intellect and 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 the instillation of some idea in him), which occurs without the participation and attention of the perceiving person and often without a clear consciousness on his part (for example, hypnosis, religion, programming, etc.) . When suggestion is carried out purposeful verbal or figurative impact, causing non-critical perception and assimilation of any information. The method of suggestion and its variety - self-hypnosis, proved to be effective in psychotherapy, sports and educational psychology, 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 towards life, a state of boredom, excessive self-control, cynicism and distrust of oneself and others (E. Shostrom). 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.

3. Methods of forensic psychological examination (SPE). A forensic psychological examination is carried out by an expert psychologist by order of the investigating or judicial authorities and should be an objective and complete study of an individual (group of people). Forensic psychological expert research is limited by the requirements of the legislation regulating the production of expertise. The content of the set of methods used in the SPE is determined by the nature of the offense, the specific tasks assigned to the expert, and the age of the subject (persons). Some SPE methods are necessarily included in the research complex: conversation, observation and its variety - a behavioral portrait, analysis of the materials of a criminal case, a retrospective analysis of the behavior of an expert person (persons) in an offense situation under study. The forensic psychological examination itself is often called a method of studying an individual (group).

According to the methods of research, VL Vasiliev proposes to classify the following methods: observation, experiment, questioning, interview, conversation. But all these methods are methods of scientific research. Therefore, it seems to us more legitimate to consider the classification of psychological methods of research by B.G. Ananiev, widely known in domestic psychology 2 . He distinguishes four groups of methods.

I. Organizational research methods. These include:

– comparative method- this is a comparison of various groups of subjects, individuals, mental processes among themselves or the same mental process, state, but in a different period (for example, the features of the functioning of the emotional sphere of the personality of the subject before, during and after the offense. This method is also used V legal disciplines;

– longitudinal method involves multiple examinations of the same persons over a sufficiently long period of time, allows you to study the dynamics and characteristics of individual development (for example, a psychological examination of persons who have been in places of punishment for a long time);

– comprehensive research programs in which representatives of other sciences participate. These programs are created, as a rule, to solve practical problems. In a comprehensive study with one object under study, there is a division of functions between separate approaches, which allows you to establish differences, connections and dependencies between phenomena different kind, for example, when conducting a comprehensive forensic psychological and psychiatric examination of affect (KSPPE), differences in the approaches of psychiatrists to pathological affect and psychologists to physiological affect.

II. empirical methods- the most extensive group of methods for obtaining scientific data. This group of methods includes:

- observation, self-observation, behavioral portrait;

– experimental methods;

– psychodiagnostic methods;

– analysis process and products of human activity;

– survey methods(questionnaire, interview, conversation);

- sociometry;

– biographical methods (analysis of events in a person's life path, documentation, evidence, content analysis) 3 ;

– method modeling is aimed at studying mental phenomena presented in simpler models (simulating these phenomena). Modeling is widely used in other areas of scientific knowledge. The model should reflect the most essential that is connected with the real phenomenon or object; this is also the main disadvantages of the modeling method. What is considered essential and what is insignificant? By not taking into account what seems insignificant in the model, you can miss very important elements. Two main forms of modeling are known: physical(a real phenomenon or object is replaced by a physical object - a material one in the form of a technical device (for example, notches, nodules for memory), then the invention of written speech, which laid the foundation for memory modeling, computer technology and the Internet system currently represent the most advanced models not only of memory , but also other components of intelligence, there are many different simulators for training in shooting, simulating driving a car, air and space flights, armed clashes, etc.) and mathematical, in which the real phenomenon, event, object are replaced by a system of equations, and their solution allows, for example, to build a forecast in relation to the phenomenon under study, mathematical models are known in the field of education, etc.

III. Data processing methods. These methods include quantitative(statistical) and qualitative(differentiation of material by groups, variants, description of cases both expressing types and variants most fully, and being exceptions) analysis.

IV. Interpretive methods: genetic And structural methods. The genetic method makes it possible to interpret all the processed research material in terms of developmental characteristics, highlighting the phases, stages, and critical moments in the formation of mental neoplasms. It establishes "vertical" genetic links between levels of development. The structural method establishes "horizontal" structural links between all the studied personality characteristics.

B.G. Ananiev believed that the classification proposed by the Bulgarian psychologist G.D. Piriev is quite complete (see Fig. 4.1. - 4.3.)

It should be noted that the research methods of legal psychology are used both in scientific, as well as in practical purposes.

Chapter 2 Methods of legal psychology

In legal psychology, there is a system of methods for the psychological study of 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.

To obtain objective results, a number of conditions must be met:

1. The phenomena to be studied are observed under their usual conditions, without making any changes in their natural course. The very fact of observation should not violate the phenomenon under study.
2. Observation is carried out under conditions most characteristic of the phenomenon under study.
3. The collection of material through observations is carried out according to a previously drawn up plan (program) in accordance with the objectives of the study.
4. Observation is carried out not once, but systematically in relation to the same person and in relation to the same phenomenon in many people and in various situations that are most characteristic of this phenomenon.

To record the results of observation can be used technical means: recording the speech of the observed on tape, the use of photography and filming. In the conditions of the preliminary investigation and trial, technical means can only be applied within the framework of the procedural law.

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 observation is carried out by an investigator and a judge during investigative and judicial actions, an educator of a correctional labor institution, etc.

Indirect observation occurs when information is received 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 conducted by a graduate of the law faculty of St. Petersburg University, who had an internship 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, the method of subjective observation is also used in psychological research - introspection (introspection). 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.

The scientific value of self-observation data depends on how objective they are and how they correspond to real facts. As life observations and experimental studies show, people tend to overestimate their merits and belittle their shortcomings.

While not the only method, self-observation combined with objective methods can produce positive results. The researcher can judge by himself, for example, the influence of certain factors on the participants in an investigative or judicial action, supplementing the results of self-observation with objective data.

conversation method. The purpose of psychological research is the deepest possible knowledge of the personality, its inner world, 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 material that is collected in this case has a speech form. The researcher judges the phenomenon under study by the speech reactions of the interlocutor.

The effectiveness of the conversation depends on: 1) the ability of the researcher to make personal contact with the interlocutor; 2) the presence of a carefully thought-out plan of the conversation; 3) the ability of the researcher to ask not direct, but indirect questions.

The significance of the conversation depends on the objectivity of the data obtained using this method. Therefore, it is recommended to receive more factual information in a conversation, some questions should be controlled by others, it is recommended to use tape recordings that record not only the content of conversations, but also intonations. The repetition of the conversation with the same person, but with a slightly modified plan to avoid cliché, is one of the conditions for the effectiveness of the method.

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.

Sometimes it is advisable to conduct a conversation in conditions that are most familiar to the person whose personality is being studied. Therefore, if the interrogation is aimed only at getting to know the person, it can be carried out at the place of work, residence, rest of the person.

questionnaire method. This is a survey of a large circle of people according to a strictly established form - a 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 corrective labor spheres 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. Due to this, the subjects give the automaton different answers to a number of "critical" questions than in the questionnaires.

The type of survey is 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.

By interviewing judges, one can obtain information about the ways in which their inner convictions are formed, the criteria for evaluating evidence, the methods of establishing psychological contact with the defendants, the advantages and disadvantages of the judicial procedure, etc.

Summarizing the results of the interview provides sufficiently representative material for theoretical conclusions and recommendations for the most effective implementation of law enforcement activities.

To characterize the psychological characteristics of a person, a certain value is biographical method. 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.

The biographical research method has attracted the attention of many foreign lawyers, psychologists and criminologists involved in the study of crime. In order to study the personality of criminals, various biographical questionnaires were developed, which have not lost their relevance at the present time.

Known, for example, is a questionnaire developed by the Italian professor Ottolenghi. Of greatest interest to a representative of legal psychology is that part of the questionnaire, "... which provides for obtaining information about the family of the student, heredity, living conditions and upbringing, habits (drugs, alcohol, smoking), favorite activities and entertainment (gambling, etc.) , data on behavior in the family, at work, in military service, abroad, on attitudes towards the police and criminal elements, family ties and acquaintances. Such questionnaires make it possible to study the identity of the offender more fully and methodically.

Certain aspects of the biographical method in investigative-judicial and penitentiary practice are an important means of obtaining information that can be used for tactical purposes.

In essence, close to the biographical method method of generalization of 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 most important official documents, information from which can be used to summarize independent characteristics, are:

1) characteristics from the place of work, study, residence;

2) old criminal cases, if the person under study had a previous conviction. In this case, the analysis of the minutes of the court session is of great benefit. In a court session, some psychological characteristics of a person are most clearly manifested (method of protection, attitude towards accomplices, etc.);

3) the personal file of the prisoner (if the person under study has served a sentence). From it you can get information about the behavior in the colony, about the attitude towards relatives, etc.;

4) medical records, case histories;

5) acts of forensic psychological and forensic psychiatric examinations, if the person under investigation was brought to criminal responsibility.

experimental method- 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.

The laboratory experiment is mainly used in scientific research, as well as in the conduct of forensic psychological examination. The disadvantage of this method is the difficulty of using laboratory equipment in the conditions of practical activities of law enforcement agencies, as well as the difference between the course of mental processes in laboratory conditions and their course under normal conditions. These shortcomings are overcome by using the method of natural experiment.

In a natural experiment, its participants perceive everything that happens as a genuine event, although the phenomenon under study is placed by the experimenter in the conditions he needs and is subjected to objective fixation.

An example is an experiment conducted by Romanian criminologists in order to verify the authenticity of witness statements. A quarrel and a fight were staged at the market in Bucharest. The persons being studied were those who were at that moment in the market, and those who subsequently carried out an investigation on this episode. None of them knew that they were dealing with a staging. Everything that happened unnoticed by those present was recorded with the help of filming and sound recording. The behavior of the "violator" was rehearsed in advance. Most of the witnesses were interrogated within 7 to 14 hours after the "accident", three - two months later. The testimony was not only recorded, but also recorded on tape.

Witnesses were asked questions regarding the behavior of the "violator" before and at the time of the incident, his appearance, the time of the "incident". 232 responses were analyzed. The most accurate were the indications relating to the main points of the event. They made it possible to establish the most significant aspects of the incident with a sufficient degree of accuracy: 85% of the answers were correct, 6% were uncertain, 8% were incorrect, and 1% was not related to the merits of the case. This experiment dispelled the skepticism of scientists regarding the reliability of the testimonies.

Checking the psychological prerequisites for the effectiveness of legal norms can be carried out within the framework of such a specific method as legislative experiment. This refers to proposals for improving legislation, which, before being finally adopted, must be tested for a certain period in a limited area or even the entire country, which makes it possible to avoid hasty and insufficiently mature decisions. Such experiments were carried out both abroad and in our country. So, on an experimental basis in England in 1965, the use of the death penalty was suspended (until July 31, 1970). After this period, the Parliament had to either finally abolish the death penalty (which it did), or return to the pre-existing situation, when the death penalty was provided as the highest measure in a number of categories of murder cases.

Currently, in some regions of Russia, an experimental approbation of the institution of jurors, who consider criminal cases for the most serious crimes, is being carried out.

There is also another kind of experimental method that can be used in legal psychology - this is formative (training) experiment. It is aimed at studying mental phenomena in the process of education and professional training through the introduction of the most active teaching methods, including problem-based ones, with the help of which the professionally important qualities of a future legal specialist are formed.

In a modified form, this method can be used in the activities of correctional labor institutions. With its help, convicts can be instilled with skills for work, new views and attitudes towards society, and socially acceptable behavior can be formed.

Finally, one more kind of experimental method can be noted - associative experiment, first proposed by the 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. The application of this method for psychodiagnostics (determining the involvement of a suspect in a crime) will be discussed in more detail in the chapter on the history of the development of legal psychology.

A variation of the experimental method, applied in a narrower range, is method tests. 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.

In modern psychology, assessment tests, projective tests and personality questionnaires are most widely used.

In legal psychology, in some cases, projective (or affective) tests can be used. They are designed to reveal personal attitudes, as they provoke a person to reveal them. The most common among them are the Rorschach test (using ink blots), the Murray thematic apperception test (TAT), the Rosenzweig test (frustration), tests using drawings, etc.

An example is the last test: the child is asked to draw the parents. Depending on whose figure is drawn larger - father or mother, one can conclude who dominates in the family - father or mother.

There is, for example, a test that studies legal consciousness: a case is presented that allows different interpretations of both the fact itself and questions of law, and it is proposed to make a choice between possible solutions. Such is the World-and-Lopez test of adultery. The interviewee is asked to put himself in the place of the deceived spouse and choose one of ten possible solutions: kill the rival, kill the culprit, leave her, dissolve the marriage, etc.

Personality questionnaires are built on the principle of a person's self-esteem. Among them, the most famous is the MMP1 test, which contains 384 statements. Based on the results of the answer, a psychological profile of the individual is compiled. The questionnaires of Taylor and Eysenck are similarly constructed: the first determines the level of anxiety of the individual, the second - the degree of isolation, sociability, emotional imbalance. The Eysenck questionnaire also makes it possible to determine the type of temperament and some personality traits.

The most widely used tests in the conduct of forensic psychological examination and the study of the personality of the offender.

Method for analyzing 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.

An important role in legal psychology is played by the study of the processes and results of law enforcement. To clarify the role of the personal factor, professional skills, it is necessary to generalize best practices, as well as errors in the activities of law enforcement agencies resulting from the action of various psychological factors. For this purpose, materials on the exchange of experience, publications of well-known lawyers are studied, which reveal the secrets of their skills and give advice on overcoming professional deformation and other negative phenomena.

A specific variation of this method is the study of the results of criminal activity, methods of committing a crime.

Criminalists are well aware that recidivist criminals who "specialize" in a particular type of crime usually commit them in the same way. Repeating, the method of crime forms the so-called "criminal handwriting". Sometimes the "calling card" of a criminal can be an encroachment on the same objects, for example, theft of only paintings (precious items, video equipment, cars).

Knowledge of the method of committing a crime to solve a crime was used by forensic science at the end of the 19th century, when a special type of forensic accounting of criminals was developed - according to the method of committing a crime - MOS.

Experienced detectives have long adopted it in the investigation of crimes, which is reflected in fiction. The Czech writer-humorist Karel Capek wrote about this story "The Stolen Document No. 139/VII Sect. C".

Its essence is as follows. General Staff Colonel Gampl took home a top-secret document to work on. At night, on the advice of his wife, he put the document in a pasta tin, which he locked in the pantry: what kind of spy, if he is hunting for a document, will look for him there? At night, a window was broken in the pantry and the tin was stolen. Summoned by Gample, lieutenant colonel of counterintelligence Vrzal immediately realized that they could not do without spies, and set the entire counterintelligence apparatus in motion.

When the bell rang in the hallway, Humple, who was waiting to be arrested, thought that they had come for him. “But instead of the officers, a red-haired man entered with a bowler hat in his hand and bared his squirrel teeth in front of the colonel.

Let me introduce myself. I am Pishtora from the police station.

What do you need? - barked the colonel and gradually changed his position from "attention" to "at ease".

They say your pantry was cleaned out, - Pishtora grinned with a confidential air. - Here I come.

What do you care? said the colonel.

I dare to report, - beamed Pishtora, - that this is our site. Your maid said in the bakery that you were robbed. So I say to the authorities: "Mr. Police Commissioner, I'll look there."

Don't worry, the Colonel muttered, it's just a tin of pasta stolen. Drop this thing.

It's amazing, - said the detective Pishtora, - that nothing else was stolen.

Yes, very surprising,” the Colonel agreed grimly. - But it doesn't concern you.

Someone must have interfered with him,” Pishtora beamed, overshadowed by a sudden insight.

So, all the best, - cut off the colonel.

I beg your pardon, - said Pish-tora, smiling incredulously. “I should check out this closet first.

The colonel wanted to shout at him, but resigned himself.

Let's go, - he said reluctantly and led the little man to the pantry.

Pishtora looked around the pantry with interest.

Well, yes, - he said with satisfaction, - the window was opened with a chisel. It was Pepik or Andrlik.

Who, who? the Colonel asked quickly.

Pepik or Andrlik. Their work. But Pepik now seems to be sitting. If glass had been squeezed out, it could have been Dundr, Loyza, Novak, Gosichka or Kliment. But here, apparently, Andrlik worked.

Look, make no mistake, - muttered the colonel.

Do you think there's a new storeroom specialist? asked Pishtora, and immediately became serious. - Hardly. As a matter of fact, Myrtle also sometimes works with a chisel, but he does not deal with pantries ... "

Pishtora's assumptions came true: Andrlik really stole the tin. The document was returned to the colonel, and when he was overflowing with gratitude, Pishtora remarked:

"- Oh, Lord, this is a trifling matter ... Thieves, you know, unintelligent people. Everyone knows only one specialty and works in the same way until we catch him again."

The study of the method, place and time of the commission of a crime sometimes makes it possible to establish some personal characteristics of the offender (cruelty, prudence, frivolity, etc.). The dismemberment of a corpse or attempts to destroy it by burning may indicate the composure or emotional dullness of the offender (sometimes this is a sign of a mental disorder).

According to the method of committing a crime, in addition to those already noted above, professional skills and abilities, the level of intellectual development, and the abilities of the accused can be established. Making, for example, fake stamps, seals, banknotes is far from being possible for every person; opening complex safes requires detailed knowledge and excellent abilities.

Analysis of the method of committing a crime may indicate the emotional state of the offender. The infliction of a large amount of bodily harm on the victim may sometimes indicate that the offender was in a state of strong emotional arousal or passion.

Method of psychological analysis of documents. A document in the broad sense of the word (i.e., 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 between documents of legal significance and documents that are not related to law. Let's focus on legal documents for now.

In the process of studying the legal norms governing, say, criminal procedure, psychological analysis helps to understand the requirements for the profession of an investigator, a judge, to discover in these norms a reflection of mental patterns taken into account in the production of a number of investigative actions, for example, presentation for identification , interrogation of a minor, etc.

The analysis of judicial practice is especially rich in psychological content, since it is primarily the study of judicial cases, i.e., cases in which a court decision was made.

If a lawyer is mainly interested in the correctness or incorrectness of the application of the norm (or norms) of law in a court decision, then the psychologist in his analysis will seek to see the life situation, the combination of interpersonal (social-psychological) and individual (psychological) phenomena in it, which the judicial decision revealed. solution.

IN judgments the psychologist is interested in the facts of life, because they allow us to talk about the moral and legal state of society. That is why decisions, say, in divorce cases, which are usually very poor in legal terms, are in their factual side valuable material for the sociological, socio-psychological and psychological study of family life. The same can be said about decisions on cases of parental responsibility for the commission of offenses by their children, where defects in legal socialization are visible.

The judge who made the decision can also become the object of psychological analysis. Psychologically interesting are the motivation of this decision, the factors that influenced the formation of the inner conviction of the judge, etc.

In addition to a qualitative analysis of a legal document, i.e., an analysis of the meaning of its content side, which was discussed, there is a quantitative, formalized analysis, selection and processing of information units. The most common here is content analysis method. The essence of the method lies in the selection of semantic units (word and symbol) in the content of the text, which can be unambiguously fixed and converted into quantitative indicators using counting units. As units of account, the frequency of occurrence of a feature in the text, the volume of text containing a semantic unit (in lines, paragraphs) are used.

There is an analysis of non-legal documents, materials, which is of particular interest to legal psychology. Here you can dwell on the analysis of press materials, works of fiction.

The press always pays sufficient attention to legal topics. It reflects various spheres of public opinion, which are interesting for a psychologist to know, since this allows you to get an idea of ​​the level of development of legal consciousness, the legal culture of the population as a whole and its individual strata, the prestige of law in society, and a number of other points.

One of the means of obtaining psychological and legal knowledge are works of fiction. The best examples of detective literature, as well as the works of the classics - O. Balzac, V. Hugo, F. Dostoevsky, L. Tolstoy, L. Andreev, and in our time A. Solzhenitsyn, V. Shalamov, who covered the events of a criminal nature, provide an extensive material for the knowledge of the psychology of the criminal, the life and customs of the criminal world, the psychological aspects of investigative and judicial activities.

The analysis of documents also makes it possible to obtain information about the person being studied. These can be letters, diaries, abstracts, reports, notes, literary works, etc.

When evaluating a person according to documents, it is necessary to take into account not only their content, but also the form of expression of thoughts, feelings, states.

A special place in the study of personality is occupied by graphology - a science that aims to determine the properties of a person according to the characteristics of individual handwriting. By writing, you can determine the gender of a person, the level of education, emotional state, disturbances in speech and psyche, and some features of temperament.

Any study of an individual ends with a generalization of all the materials received, which is reflected in the psychological characteristics of the individual.

Drawing up a characterization helps to navigate the collected material, helps to identify and eliminate existing contradictions, and allows you to establish the socio-psychological causes of the crime (if the person being studied is the accused).

Recently, within the framework of research conducted in forensic and criminal psychology, the volume of studying the personality of a suspect, accused, convicted person has been determined, although this volume or scheme for studying personality can refer to any object of psychological research.

The scope of the study of personality:

1. Socio-demographic data: time and place of birth, nationality, education, specialty, place and nature of work, position, marital status, place of residence, financial situation of the family, housing conditions, family relationships, negative inclinations of family members (abuse of alcohol, drugs, committing illegal acts, sexual promiscuity, etc.).
2. Criminal law data (if the person being studied is the accused): when, under what article of the Criminal Code he was involved, what measure of punishment was imposed by the court where he served his sentence; if he had several convictions - is there a general or special relapse.
3. Medical data: state of physical and mental health, physical and mental health of family members (including parents).
4. External (physical) data: face (a brief verbal portrait, if possible, structural features of the face); height (low, medium, high, growth anomalies); weight and physique (very thin, thin, slim, full); voice (loud, medium, quiet, pleasant - unpleasant, features - burry, nasal, stuttering, etc.); manners (produces pleasant impression- an unpleasant impression); clothes (tidy - untidy, taking care of himself, extravagant); tattoos (on the hands, fingers, other parts of the body, the content of the drawings).
5. Life path: parents (time and place of birth, nationality, place of residence, social status, education, profession, their hobbies, etc.); childhood (life in the family, what kind of child is in a row, brothers and sisters, relationships with them, the most striking events of childhood, did you attend kindergarten, relationships with peers, etc.); school (specialization of the school, favorite subjects, relationships with peers and teachers, whether there was a favorite teacher, violations of school discipline, successes, school friends, status among peers, whether he had nicknames, whether he was registered with the commission (inspectorate) for minors); educational establishments(reasons for admission, successes, acquired knowledge, skills, abilities); labor activity and service in the army (nature of work and service, attitude to work and service, position among colleagues, satisfaction, influence labor activity on personality); family life(the birth of children, with whom he currently lives).
6. Lifestyle: family (relations between spouses, attitude towards children, towards parents, etc.); profession and specialty (motives for choosing a profession and work, the degree of job satisfaction, promotion at work, social status at work, has permanent job rarely or often changes jobs); is engaged in housework (garden, vegetable garden, etc.), leads an idle lifestyle; political and social activity (active - passive, etc.); spending free time (sports, cinema, television, theater, gambling, drinking with friends, prefers to spend free time in the family, etc.); material living conditions (does he have an apartment, a summer house, a car, what is the situation in the apartment, the family budget, does he have side earnings, etc.).
7. Behavior: moral and legal behavior (observance of norms, propensity to violate, attitude towards a woman, justice in controversial relationships, intolerance towards violators of norms, etc.); behavior in a stressful situation (cold-blooded, restless, confused, rational behavior is violated - not violated); behavior in a state of frustration (irritability, aggressiveness, compliance, depression, tolerance, self-accusation, etc.); behavior when intoxicated (calm, peaceful, aggressive, pugnacious, losing control, etc.); volitional behavior (decisiveness, initiative, courage, passivity, lack of initiative, cowardice, etc.).
8. Orientation of the personality: dominant needs (physiological, the need for security, social attachments, status, the need for respect for one's personality, for self-expression); value orientations (orientation to meet only one's own needs or members of one's family, to help other people, orientation to the norms of behavior accepted in society, respect for the rule of law); material values(money, things, property); worldview (views, ideas, beliefs, ideals, life principles, etc.); interests (hobbies and hobbies, breadth, narrowness of interests, degree of their stability).
9. Abilities: intellectual (general) abilities (level of education, erudition, quality of mind - the ability to analyze, synthesize, flexibility, resourcefulness, slowness, speed, etc., memory properties - accuracy, ease, memorization strength, imagination properties - a tendency to fantasize, realism, poverty of imagination, etc.); special abilities (organizational, musical, artistic, technical, communicative - the ability to get acquainted, get close, influence people, etc.).
10. Temperament: Sociability (sociable, unsociableny, uncommunicative, closed); propensity for leadershiplack of inclination); performance (capable of long-termwork without getting tired, noise-resistant, breaks in work are required,gets tired quickly) emotionality (strength and depth of emotionalreactions, a tendency to form "stagnant" emotional states, tendency to affective outbursts, stability, evenness of mood, prevailing mood - optimistic, dull, gloomy, angry, etc., the ability to control, restrain the manifestation of emotions, etc.).
11. Character: attitude towards people (respect, benevolence, rudeness, rudeness, the ability to empathize (empathy), cruelty, truthfulness, deceit, aggressiveness, authority, subordination, suggestibility, independence, a tendency to conformism, conflict, peacefulness, etc.) ; attitude towards oneself (self-esteem - considers himself better than others, worse, like everyone else); level of claims (high, low, medium); pride (selfishness, modesty, healthy ambition, touchiness, etc.); attitude to work (hard-working, disciplined, conscientious, lazy, irresponsible, loose, etc.); attitude towards things (thrift, extravagance, greed, a tendency to hoarding, acquisitiveness, accuracy, carelessness, etc.).

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1 Ratinov A. R. Forensic psychology for investigators. M., 1967. S. 32.

2 Chapek K. Sobr. op. in seven volumes. M., 1974. T. 1. S. 286-288.