In legal psychology, as in psychological science in general, there are four main groups of research methods:
1 group- organizational methods include: comparative method, survey, complex method, etc.;
2nd group- empirical methods include: observation and introspection; experimental methods; psychodiagnostic methods; analysis of activity products; biographical methods;
3 group- data processing methods: quantitative (statistical) to qualitative;
4 group- interpretive methods.
Let's look at the most important methods of the second group, since they play a special role in legal activities.
Observation - systematic, purposeful perception of a person, allowing one to draw a conclusion about his individual characteristics.
The subject of observation in psychology is not direct subjective mental experiences, but their manifestations in actions, behavior, speech and human activity. Depending on the purposes of observation, any aspect of personality can be studied: character traits, relationships, PERSONALITY qualities, general and special abilities, skills and behavioral habits.
The observation method allows us to study a person in development, his characteristics in the real circumstances of his activity (regardless of desire), those characteristics of a given personality that are usually not mentioned.
When organizing observation to study a person’s personal characteristics, the following requirements must be observed:
Formulate the purpose of the observation and bring it to the attention of all employees involved in the observations;
Plan observation by time and place in the most important areas where they can manifest themselves. characteristic features the subject being studied (planning observation means coordinating separate series of observations into a single process of studying the individual);
Monitoring should be carried out regularly.
The results of observations must be recorded (records are confidential).
Observation can be direct and indirect, non-involved and included.
In direct observation, the study is carried out by a person who then draws conclusions based on the results of the observation. Such observation is carried out by the investigator and the judge during investigative and judicial actions, the teacher of the correctional institution, etc.
With indirect observation, relevant information is obtained from other persons who conducted this observation. This type observation has a peculiarity: its results are always recorded in the case documents - in the protocols of interrogations of other persons, in expert opinions (forensic psychological, forensic psychiatric examinations), etc.
Non-participant observation is observation from the outside in which the researcher is a person outside the person or group of people being studied.
During participant observation, the researcher enters a social situation as its participant, without revealing the true motives of his behavior (research).
Survey - this is direct communication between a lawyer and a person in order to study individual characteristics. A lawyer must prepare in advance for such a conversation, understand its goals, draw up a plan for conducting it, and think through the tactics and techniques of an educational conversation.
Conversation - conversation tactics include: establishing contact with the interlocutor; leading the conversation in the right direction, observing the reaction of the person being studied; predicting his answers and correcting his behavior during the conversation.
When choosing (determining) a conversation technique, it is important to remember the need for self-control during the conversation, the choice of conditions and place for the conversation, as well as the order of questions.
When preparing and conducting an educational conversation, it is advisable to adhere to the following recommendations:
It is necessary to be clearly aware of what you want to know about a person;
Possible answers to questions should be provided, as well as ways to check them;
Questions should be formulated in such a way that the student answers them comprehensively and does not give monosyllabic answers. For this purpose, questions like: “Why”, “What do you think (believe)”, “Why”, etc. are used;
It is necessary to promote a person’s speech activity with his behavior, the ability to listen, express understanding or approval, use facial expressions and pantomimes, signs of attention;
The conditions, place and time of the conversation must be chosen so that they facilitate the conversation. Experience shows that this kind of conversation takes about 40 minutes;
When conducting an educational conversation, it is necessary to achieve mutual understanding and win the person over. This is achieved in certain ways: to demonstrate interest in the person; express approval of his merits and merits; carry on a conversation through communication; pay attention to statements; avoid preaching at the stage of establishing relationships; keep notes only when the interlocutor expresses his requests and wishes, etc.
During an educational conversation, you can study the needs and motives of behavior of the person being studied, the characteristics of his emotional sphere, the level of intellectual development, some character traits and communication qualities. Thus, only speech analysis will allow us to draw at least three conclusions: about the emotional state, the level of intelligence development and the level of
education.
In the first case, the nature of intonation and reaction to questions are taken into account. In the second, the interlocutor’s ability to establish relationships between what is being discussed and the issues, to form conclusions and methods of argumentation. In the third case, erudition and vocabulary, speech development and literacy.
During the conversation, you can also find out the typical reactions of the person being studied to questions in which various types of psychological defense are manifested.
The main types of psychological defense include:
Substitution - emotions of aggression (anger);
Denial – lack of understanding of the importance of what is happening;
Regression - a return to earlier types of behavior;
Compensation is the desire to make up for one’s own inferiority;
Projection - attributing one's thoughts and feelings to other people;
Intellectualization - explaining to oneself what is happening;
Repression is the exclusion of an unpleasant event, idea, or experience from one’s consciousness.
During the conversation, in addition to the above reactions, the following behavioral signs are also subject to recording:
Features of movements (facial expressions, gaze, gestures),
Emotional states (calmness, irritability, shyness, stubbornness),
Analysis of performance results and actions involves revealing a person’s true motives.
The methodological justification for this method is the relationship between behavior patterns, performance results and the motives and goals of the individual. Therefore, based on the external signs of behavior in its results, one can assess the fundamental properties of a person, his orientation and character. When studying the results of an activity, the researcher deals not with the person himself, but with the material products of his activity: work, education, play, crime, by which the process of activity and personality traits are recreated.
Questionnaire method. This is a survey of a large circle of people using a strictly established form - a questionnaire. The method is based on the anonymity of filling out the questionnaire, which allows you to obtain the most objective data about the processes, facts, and phenomena being studied. The obtained 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 spheres of activity to the field of legal implementation.
In parallel with the survey, a “public opinion machine” (telephone survey) is used. Its main advantage is complete anonymity. Thanks to this, subjects give the machine different answers to a number of “critical” questions than in the questionnaires.
A type of survey is interview method . During the interview, a person expresses his opinions regarding certain phenomena, circumstances, and actions. The interview should be conducted according to a clearly defined program. With its help, you can obtain a wide variety of information about the specifics of the activities of law enforcement agencies. Interviewing investigators and operational officers allows you to learn about their professionalism, the difficulties they encounter, their opinions about the causes of crime and ways to reduce it, etc.
Generalization of the interview results provides sufficiently representative material for theoretical conclusions and recommendations for the most effective implementation of law enforcement activities.
Psychological characteristics of the individual allow us to determine biographical method. The essence of the method is that biographical materials are collected and analyzed in order to identify human characteristics and their development. The method involves establishing specific biographical data, analyzing diaries, collecting and comparing the memories of other people, etc.
The biographical research method attracted the attention of many foreign lawyers, psychologists and criminologists who studied crime. Various biographical questionnaires, which have not lost their relevance to this day, served the purpose of studying the personality of criminals.
In investigative, judicial and penitentiary practice, certain aspects of the biographical method are an important means of obtaining information that can be used for tactical purposes.
In essence it is close to the biographical method method of generalization of independent characteristics , the purpose of which is to collect personal data from various sources that are independent of each other. The use of this method gives the researcher a wealth of material that allows him to form the most complete picture of a person through the analysis of opinions expressed by persons who are in one relationship or another with the person under study, and the analysis of various documents.
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 being studied previously had a criminal record, in which case the analysis of the court record is of great benefit. During the court hearing, some psychological characteristics personality (method of defense, attitude towards accomplices, etc.);
3) the prisoner’s personal file (if the person being studied served his sentence). From it you can obtain information about the behavior of a given person in a colony, his attitude towards loved ones, etc.;
4) medical records, medical history;
5) acts of forensic psychological and forensic psychiatric examinations, if the person under investigation was prosecuted.
Experimental method is fundamental in psychological science. It is aimed at studying mental phenomena in specially created conditions. According to its essence and types, the method is divided into laboratory and natural experiments.
Laboratory experiment mainly used in scientific research, as well as during forensic psychological examinations. The disadvantages of the method are the difficulty of using laboratory technology in the practical activities of law enforcement agencies, as well as differences in mental processes in laboratory and normal conditions. These disadvantages are overcome by using the natural experiment method.
In a natural experiment, its participants perceive everything that happens as a genuine event, although the phenomenon being studied is placed by the experimenter in the conditions he needs and is subject to objective recording.
Testing the psychological prerequisites for the effectiveness of legal norms can be carried out within the framework of such a specific method as legislative experiment . As a rule, the experiment covers proposals for improving legislation. Tests are carried out over a certain period of time in a limited area or even the entire country in order to avoid hasty and insufficiently mature decisions. Legislative experiments have been and are being carried out both abroad and in our country. Thus, in England in 1965, the use of the death penalty was experimentally suspended (until July 31, 1970). At the end of this period, Parliament had to either completely abolish the death penalty (which it did), or return to the previously existing situation, when the death penalty was provided for as the ultimate measure in a number of categories of murder cases.
In some regions of Russia, an experimental testing of the institution of jurors is currently being carried out. who consider criminal cases of the most serious crimes.
In legal psychology, such an experimental method as formative (educational) experiment . It is aimed at studying mental phenomena in the learning process and vocational training by introducing the most active teaching methods (including problem-based), 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 institutions in order to instill in convicts skills for work, new views and attitudes towards society, and the formation of socially acceptable behavior.
Finally, we note another type of experimental method - association experiment , first proposed by the English psychologist F. Galton and developed by the Austrian scientist C. Jung. The essence of the method is that the subject is asked to answer each word with the first word that comes to his mind. In all cases, reaction time is taken into account, i.e. the interval between the proposed word and the answer. The list of words is associated with the circumstances of the crime and leads to “let slips” about the actual act.
For a deeper study of personality it is used test method . The method is intended for promptly obtaining reliable information about specific psychological characteristics of an individual based on standard techniques.
Tests classified according to methodological principles
include:
· Objective tests - there is only one correct answer possible
Standardized self-reports:
self-questionnaire tests - a set of questions or statements, the answer to which is possible from two or three proposed options;
open questionnaires - a set of questions that do not provide standard answers;
scales - tests, the assessment of which is carried out according to the proposed scale, on which the degree of expression of quality is noted;
· projective techniques - stimulus material that generates imaginative processes in which personality characteristics are revealed;
· dialogical techniques are used by a psychologist who conducts a conversation in order to identify the personality characteristics of the subject.
Method of psychological analysis of documents . A document (in the broad sense of the word, 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 allows you to obtain such information. There are documents of legal significance and documents that are not related to law.
In the process of studying the legal norms regulating, say, criminal procedural activity, psychological analysis helps to understand the requirements for the profession of an investigator or judge, to discover in these norms a reflection of mental patterns taken into account when carrying out a number of investigative actions (for example, presentation for identification , interrogation of a minor
faces, etc.).
The analysis of judicial practice is especially rich in psychological content. those. judicial incidents (cases) on which a court decision was made.
If a lawyer is mainly interested in the correctness or incorrectness of the application of a rule (or norms) of law in a court decision, then the psychologist in his analysis will strive to see the life situation, the combination in it of interpersonal (socio-psychological) and individual (psychological) phenomena that the court showed solution.
It is the vital facts of court decisions that allow a psychologist to talk about the moral and legal state of society.
Qualitative analysis of a legal document (i.e. analysis of the meaning, its substantive side) is complemented by quantitative, formalized analysis (i.e. selection and processing of information units). The most common qualitative analysis is | | | | | | | | | | | | | | | |
Methodological foundations.
Each science has its own subject and corresponding research methods. However, no matter what area of research is being conducted, scientific methods there are certain requirements:
firstly, the phenomenon under study must be investigated in its development, in connection with 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 influence the process of observation and the process of formulating final conclusions.
Legal psychology is an independent scientific discipline, the focus of which is on the problems of reconciling man and law as elements of a single system. It can successfully develop and solve the complex of problems facing it only thanks to a systematic approach.
The basis of the systems approach is the study of the process of activity in connection with the structure of the individual and the system of legal norms. Only a systematic method makes it possible to analyze the interaction of these structures in sufficient depth and identify the basic psychological patterns of such interaction.
The object of study of legal psychology and the psychology of legal work is a person as a subject of law enforcement activities and a participant in legal relations. In this aspect, it is studied by law, philosophy, psychology and a number of other sciences. The task of legal psychology is, first of all, to research and identify the psychological patterns of human activity and personality in the field of legal regulation and to develop practical recommendations for increasing the effectiveness of law enforcement activities.
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 investigative and judicial case.
One of the methodological principles of legal psychology is the personal approach. Legal psychology always has the individual as its object of study, since it is to this person that the system of legal norms is addressed.
One of the most important tasks legal psychology - highlighting internal personal prerequisites, which, in interaction with certain external factors can create a criminogenic situation for a given individual, i.e., highlighting criminogenic personal qualities and prerequisites.
Example implementation system method in the psychology of legal work, a professiogram can be used, which is a complex hierarchical structure. Each side of the professiogram reflects, firstly, a certain level professional activity, and secondly, personal qualities, skills, abilities, as well as knowledge that ensure professional success at this level.
Classification of methods.
Legal psychology widely uses various methods of jurisprudence and psychology to reveal the objective laws it studies. These methods can be classified both by purpose and by research methods.
According to the objectives of the study, forensic psychology methods are divided into the following three groups.
METHODS OF SCIENTIFIC RESEARCH. With their help, they study the psychological patterns of human relations regulated by law, and also develop scientifically based recommendations for practice - the fight against crime and its prevention.
METHODS OF PSYCHOLOGICAL INFLUENCE ON PERSONALITY. These methods are used by officials fighting 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 them to the conditions of normal existence in a normal social environment.
METHODS OF FORENSIC PSYCHOLOGICAL EXAMINATION.
Their goal is the most complete and objective study, conducted by an expert psychologist according to the order of the investigative or judicial authorities. The range of methods used in this study is limited by the requirements of legislation regulating the examination.
The main methods used in 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 the right choice Research methods largely depend on the quality and scientific level of each specific examination of mental phenomena. An expert psychologist does not have the right to use insufficiently tested psychodiagnostic methods during an expert study. In some cases, when their use seems extremely necessary for studying the subject of examination, each new method must be described in detail in the SPE report, indicating its diagnostic capabilities and data on the reliability of the measurement.
One of the methodological principles of organizing and conducting an expert assessment is the use of the method of reconstructing the psychological processes and states of the subject in the period preceding the crime, 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 personality with an antisocial orientation; b) formation in the subject specific solution regarding the commission of an antisocial act; c) implementation of this decision, including the commission of an act and its harmful consequences. The expert psychologist is faced with the task of identifying psychological determinants at each stage. Decision making is considered as a process of interaction between the subject’s personal traits, 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 determination of decisions regarding the commission of an antisocial act, the main question is what role do individual mental properties play and whether they regulate the decision-making process. Each personality is characterized by an individual combination of techniques to get out of a difficulty, and these techniques can be considered a form of adaptation.
Psychological protection is a special regulatory system of personality stabilization, aimed at eliminating or minimizing the feeling of anxiety associated with awareness of a conflict. The function of psychological defense is to protect the sphere of consciousness from negative, traumatic experiences. Among the defense mechanisms are fantasies, rationalizations, projections, denial of reality, repression, etc. More complex forms of defensive reactions may 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 defense are determined by individual psychological and age characteristics.
Thus, taking into account the breadth and versatility of the tasks facing an expert psychologist, it is necessary not to conduct a one-time study of the personality of the subject, but to study the process of its development and analyze 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 productive personality research is the combination of data from standard and non-standard research, a combination of experimental and non-experimental methods.
Specific methods of legal psychology include psychological analysis of a criminal case. Particularly productive here is the study of the problem of decision-making (this is done by criminal psychology, investigative psychology, psychology trial, psychology of the victim, etc.).
The features of legal psychology, in particular, include special, exceptional conditions and circumstances in which the person being studied is located: the victim, the criminal, the eyewitness. These conditions (criminogenic situation, criminal situation, investigative situation, etc.), in which a person acts, “reveal” such of his structures and qualities that in the conditions of ordinary research are either very elusive or not visible at all.
Relevant for legal psychology is the method of psychoanalysis, which contributes to a deeper and more comprehensive study of personality, especially the sphere of the subconscious.
The psychoanalytic model involves consideration and understanding of the internal dynamics of the subject’s mental life: the struggle between various conscious and unconscious needs and motives of his behavior, the demands of reality, as well as an analysis of his psychological defenses, nature and typical manifestations of resistance, etc.
The psychoanalyst strives to help the client understand his deep-seated problems. It is assumed that most of the difficulties in a person’s life are caused by conflicts that arise in the process of his development, and the goal of psychoanalysis is to help a person resolve the conflict. ^!
The goals of psychoanalysis are: 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, capabilities; development of mature relationships (care, responsibility); taking responsibility for your 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 experiences; clarifying the place of one’s “I” among others; recognition of the value of the process of relationships with oneself and the world; identity achievement; overcoming isolation; building basic trust, competence, intimacy; Ego integration; emphasizing the uniqueness of each individual; awakening social interest; awareness and formation of a lifestyle1. Psychoanalysis has become widespread in the study of motives for criminal behavior, true reasons complex conflicts, definition, degree of social neglect, etc.
|In relation to research methods, forensic psychology has methods of observation, experiment, questionnaire method and interview method.
OBSERVATION METHOD. Its main value lies in the fact that the research process does not disrupt the normal course of human activity. At the same time, in order to obtain objective results, it is necessary to comply with a number of conditions: determine in advance what patterns interest us, draw up an observation program, correctly record the results and, most importantly, determine the place of the observer himself and his role among the people being studied. 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 person on tape. In some cases, it is useful to use photography and filming. Observation can be carried out not only by a psychological researcher, but also by any official who needs to obtain relevant information 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 the external stimuli acting on the subject. The experiment is designed in such a way that external stimulation changes according to a strictly defined program. The difference between an experiment and an observation lies primarily in the fact that during observation the researcher must expect the occurrence of one or another mental phenomenon, and during an experiment he can deliberately cause the desired mental process by changing the external situation. Laboratory and natural experiments have become widespread in the practice of forensic psychological research.
Laboratory experiments are common mainly in scientific research, as well as in forensic psychological examinations. The disadvantages of a laboratory experiment include the difficulty of using technology in the conditions of practical activity of law enforcement agencies, as well as differences in the course of mental processes in laboratory conditions and in ordinary ones. These disadvantages are overcome by using the natural experiment method. First of all, this applies to conducting investigative experiments, the purpose of which is to test certain psychophysiological qualities of victims, witnesses and other persons. In difficult cases, we recommend inviting a specialist psychologist to participate in investigative experiments.
QUESTIONNAIRE METHOD. This method is characterized by homogeneity of questions that are asked to a relatively large group of people to obtain quantitative material about the facts of interest to the researcher. This material is subjected to statistical processing and analysis. In the field of forensic psychology, the questionnaire method has become widespread in the study of the mechanism of formation of criminal intent (questionnaires were conducted on a large number of plunderers of state property and hooligans). The questionnaire method was quite 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. Thanks to this, when using the machine, subjects gave different answers to a number of “critical” questions than in the questionnaires.
METHOD OF INTERVIEW (CONVERSATION). 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 use is typical, in particular, when studying a person during a preliminary investigation.
Interviews (conversations) can also be used after questionnaire studies, when their results are deepened and differentiated through interviews. When preparing for a conversation, great attention should be paid to the formulation of questions, which should be brief, specific and understandable.
IN recent years Interest in the use of computer psychodiagnostics has sharply increased. The first versions of automated psychological systems were developed in our country back 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 being widely introduced into testing practice.
In legal psychology, it seems very productive to study the psychological patterns of individual 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 solving a crime to the resocialization of the criminal).
So, a systematic approach in combination with various methods of psychology and jurisprudence allows us to deeply analyze and identify the basic psychological patterns of the activity process, personality structure, system of legal norms and the nature of their interaction, as well as give an accurate description of this interaction, taking into account all the elements involved and highlight it significant properties.
Name the main classification of methods according to the purposes of the study.
What applies to instrumental methods 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, V.L. Vasiliev, pp. 36-51 (according to the new fifth edition).
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 activities.
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 an investigation, trial and in other areas of law enforcement.
The observation method excludes the use of any techniques that could introduce changes or disturbances in the natural course of the phenomena being studied. Thanks to this, the observation method allows us to understand the phenomenon being studied 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 a person’s actions and behavior, in his speech and activity.
To obtain objective results, a number of conditions must be met:
The phenomena to be studied are observed under their usual conditions, without making any changes to them. natural history. The very fact of observation should not violate the phenomenon being studied.
Observation is carried out under conditions most characteristic of the phenomenon being studied.
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.
Observation is carried out not once, but systematically in relation to the same person and in relation to the same phenomenon in many individuals and in various situations that are most characteristic of this phenomenon.
Observation can be: direct and indirect, non-involved and included.
In direct observation, the study is carried out by the person himself, who draws conclusions based on the results of this observation. Such observation is carried out by the investigator and the judge during investigative and judicial actions, the teacher of the correctional institution, etc.
Indirect observation occurs in cases where information is received about observations made by other persons. This type of observation has a peculiarity: its results are always recorded in the case documents - in the protocols of interrogations of other persons, in expert opinions (forensic psychological, forensic psychiatric examinations), etc.
Non-participant observation is observation from the outside, in which the researcher is an outsider to the person or group being studied.
Participant observation is characterized by the fact that the researcher enters a social situation as a participant, without revealing the true motives of his behavior (research). For example, when studying the institution of people's assessors, the method of participant observation was used. It was conducted by a graduate of the Faculty of Law of St. Petersburg University, who had practiced in court. The researcher received a detailed researcher-developed questionnaire relating to the progress of the trial and the deliberation of the judges, which he completed after the end of each case. The questionnaire was anonymous. Official permission to conduct the observation was obtained, but the judges were not informed about the study.
All of the above refers to the method of objective observation. In addition to this, psychological research also uses the method of subjective observation - introspection (self-observation). It consists both in monitoring one’s outwardly expressed activities, psychologically significant facts from life, and in monitoring one’s inner life, one’s mental state.
Conversation method. The goal of psychological research is the deepest possible knowledge of the individual, his inner world, beliefs, aspirations, interests, and attitudes towards various phenomena of social life. In such cases, the method of simple observation turns out to be of little use.
In such cases, the conversation method is successfully used. The essence of this method is a relaxed conversation with people on issues of interest to the researcher (the conversation should not turn into a questionnaire).
The material that is collected is in speech form. The researcher judges the phenomenon being studied by the speech reactions of the interlocutor.
The effectiveness of the conversation depends on:
the researcher’s ability to enter into personal contact with the interlocutor;
having a carefully thought-out plan for the conversation;
the researcher’s ability to ask indirect rather than direct questions.
The conversation method is largely 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 a free narrative with answers to specific questions that clarify, complement and control the presentation.
Questionnaire method. This is a survey of a large circle of people using a strictly established form - a questionnaire. The method is based on the anonymity of filling out the questionnaire, which allows you to obtain the most objective data about the processes, facts, and phenomena being studied. The obtained 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 spheres of activity to the field of legal implementation.
In parallel with the survey, a “public opinion machine” (telephone survey) is used. Its main advantage is complete anonymity. Thanks to this, subjects give the machine different answers to a number of “critical” questions than in the questionnaires.
A type of survey is interview method. During the interview, a person expresses his opinions regarding certain phenomena, circumstances, and actions. The interview should be conducted according to a clearly defined program. With its help, you can obtain a wide variety of information about the specifics of the activities of law enforcement agencies. Interviewing investigators and operational officers allows you to learn about their professionalism, the difficulties they encounter, their opinion about the causes of crime and ways to reduce it, etc.
To characterize the psychological characteristics of a person, the biographical method is of certain importance. The essence of this method lies in the collection and analysis of biographical materials that shed light on human characteristics and their development. This includes: establishing specific biographical data, analyzing diaries, collecting and comparing the memories of other people, etc.
Biographical method research 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 today.
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 its essence, the method of generalizing independent characteristics is close to the biographical method, the purpose of which is to collect data about a person from various sources independent of each other. This method provides rich material that allows one to get the most complete picture of a person through the analysis of opinions expressed by persons with whom the subject was in one relationship or another.
The most important official documents, information from which can be used to summarize independent characteristics, are:
characteristics from place of work, study, residence;
old criminal cases, if the person being studied was previously convicted. An analysis of the minutes of the court hearing is of great benefit. At the trial, some psychological characteristics of the individual (method of defense, attitude towards accomplices, etc.) are most clearly manifested;
personal file of the prisoner (if the person being studied served his sentence). From it you can get information about behavior in the colony, attitude towards loved ones, etc.;
medical records, medical histories;
acts of forensic psychological and forensic psychiatric examinations, if the person under investigation was prosecuted.
Experimental method- the leading method in psychological science. It is aimed at studying mental phenomena in conditions specially created for this purpose and, in its essence and types, is divided into laboratory and natural experiments.
In a natural experiment, its participants perceive everything that happens as a genuine event, although the phenomenon being studied is placed by the experimenter in the conditions he needs and is subject to objective recording.
An example is an experiment conducted by Romanian criminologists to test the reliability of eyewitness testimony. A quarrel and fight were staged at a market in Bucharest. The people studied were the people who were on the market at that moment, and those who subsequently carried out an investigation into this episode. None of them knew that they were dealing with a staging. Everything that happened unnoticed by those present was recorded using filming and sound recording. The behavior of the “intruder” was rehearsed in advance. Most of the witnesses were questioned within 7 to 14 hours after the “incident”, three - two months later. The testimony was not only recorded, but also recorded on tape.
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 intended to identify 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 test), tests using drawings, etc.
An example is the last test: the child is asked to draw his parents. Depending on whose figure is drawn larger - the father or the mother, we can conclude who dominates the family - the father or the mother.
The most widely used tests are when conducting forensic psychological examinations and studying the personality of a criminal.
Method for analyzing products of human activity. Products human activity are valuable objective material that allows us to reveal many features of the human psyche.
Important role in legal psychology, the study of the processes and results of law enforcement activities plays a role. To clarify the role of the personal factor, professional excellence generalization needed best practices, as well as errors in the activities of law enforcement agencies resulting from the actions of various psychological factors. For this purpose, materials on the exchange of experience, publications of famous lawyers are studied, which reveal the secrets of their skills and give advice on overcoming professional deformation and other negative phenomena.
Knowledge of the method of committing a crime to solve a crime was used by criminology back 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 - M08.
Method of psychological analysis of documents. A document in the broad sense of the word (that is, something that is written down, drawn or depicted in some other way), even if it is not related to law, may contain information of interest to legal psychology. Document analysis is a method that allows you to obtain such information. There are 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 or judge, to discover in these norms a reflection of mental patterns taken into account when carrying out 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 incidents, that is, cases in which a court decision was made.
1.3. 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 activities. 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 an investigation, trial and in other areas of law enforcement. The observation method excludes the use of any techniques that could introduce changes or disturbances in the natural course of the phenomena being studied. Thanks to this, the observation method allows us to understand the phenomenon being studied 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 a person’s actions and behavior, in his speech and activity. To obtain objective results, it is necessary to comply a number of conditions. The phenomena to be studied are observed under their usual conditions, without making any changes to their natural course. The very fact of observation should not violate the phenomenon being studied. Observation is carried out under conditions most characteristic of the phenomenon being studied. 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. Observation is carried out not once, but systematically in relation to the same person and in relation to the same phenomenon in many individuals and in various situations that are most characteristic of this phenomenon. To record the results of observation, technical means can be used: recording the speech of the observed person on tape, the use of photography and filming. In conditions of preliminary investigation and trial, technical means can only be used within the framework of procedural law. Observation happens: direct and indirect, not included and included. In direct observation, the study is carried out by the person himself, who draws conclusions based on the results of this observation. Such observation is carried out by an investigator and a judge during investigative and judicial actions, by a teacher at a correctional institution, etc. Indirect surveillance occurs in cases where they receive information about surveillance carried out by other persons. This type of observation has a peculiarity: its results are always recorded in the case documents - in protocols of interrogations of other persons, in expert opinions (forensic psychological, forensic psychiatric examinations), etc. Non-participant observation is observation from the outside, in which the researcher - a person outside the person or group being studied. Participant observation is characterized by the fact that the researcher enters a social situation as a participant, without revealing the true motives of his behavior (research). For example, when studying the institution of people's assessors, the method of participant observation was used. It was conducted by a graduate of the Faculty of Law of St. Petersburg University, who had practiced in court. The researcher received a detailed researcher-developed questionnaire relating to the progress of the trial and the deliberation of the judges, which he completed after the end of each case. The questionnaire was anonymous. Official permission to conduct the observation was obtained, but the judges were not informed about the study. The advantage of participant observation is direct contact with the object of study, registration of events that, with non-participant observation, could be hidden from the eyes of the researcher. All of the above refers to the method of objective observation. In addition to this, the method of subjective observation is also used in psychological research - introspection (self-observation) . It consists both in monitoring one’s outwardly expressed activities, psychologically significant facts from life, and in monitoring 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 strengths and belittle their shortcomings. Although not the only method, self-observation in combination with objective methods can produce positive results. The researcher can judge on his own, 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 goal of psychological research is the deepest possible knowledge of the individual, his inner world, beliefs, aspirations, interests, and attitudes towards various phenomena of social life. In such cases, the method of simple observation turns out to be of little use. In such cases, the conversation method is successfully used. The essence of this method is a relaxed conversation with people on issues of interest to the researcher (the conversation should not turn into a questionnaire). The material that is collected is in speech form. The researcher judges the phenomenon being studied by the speech reactions of the interlocutor. The effectiveness of the conversation depends on: the ability of the researcher to enter into personal contact with the interlocutor; having a carefully thought-out plan for the conversation; the researcher’s ability to ask indirect rather than direct 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. Repeating a conversation with the same person, but with a slightly modified plan to avoid stereotypes, is one of the conditions for the effectiveness of the method. The conversation method is largely 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 a free narrative 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 intended only to get to know the person, it can be carried out at the person’s place of work, residence, or recreation. Questionnaire method . This is a survey of a large circle of people using a strictly established form - a questionnaire. The method is based on the anonymity of filling out the questionnaire, which allows you to obtain the most objective data about the processes, facts, and phenomena being studied. The obtained 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 spheres of activity to the field of legal implementation. In parallel with the survey, a “public opinion machine” (telephone survey) is used. Its main advantage is complete anonymity. Thanks to this, subjects give the machine different answers to a number of “critical” questions than in the questionnaires. A type of survey is interview method . During the interview, a person expresses his opinions regarding certain phenomena, circumstances, and actions. The interview should be conducted according to a clearly defined program. With its help, you can obtain a wide variety of information about the specifics of the activities of law enforcement agencies. Interviewing investigators and 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, you can obtain information about ways to form their inner convictions, criteria for evaluating evidence, techniques for establishing psychological contact with defendants, disadvantages and advantages of the judicial procedure, etc. Generalization of the interview results 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, it is of certain importance biographical method . The essence of this method lies in the collection and analysis of biographical materials that shed light on human characteristics and their development. This includes: establishing specific biographical data, analyzing diaries, collecting and comparing the memories of other people, etc. The biographical research method attracted the attention of many foreign lawyers, psychologists and criminologists who studied crime. In order to study the personality of criminals, various biographical questionnaires were developed, which have not lost their relevance today. 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 it is close to the biographical method method of generalization of independent characteristics , the purpose of which is to collect personal data from various sources independent of each other. This method provides rich material that allows one to get the most complete picture of a person through the analysis of opinions expressed by persons with whom the subject was in one relationship or another. The most important official documents, information from which can be used to summarize independent characteristics, are: characteristics from place of work, study, residence; old criminal cases, if the person being studied was previously convicted. An analysis of the minutes of the court hearing is of great benefit. At the trial, some psychological characteristics of the individual (method of defense, attitude towards accomplices, etc.) are most clearly manifested; personal file of the prisoner (if the person being studied served his sentence). From it you can obtain information about behavior in the colony, attitude towards loved ones, and other medical records, medical history; acts of forensic psychological and forensic psychiatric examinations, if the person under investigation was prosecuted. Experimental method - the leading method in psychological science. It is aimed at studying mental phenomena in conditions specially created for this purpose and, in its essence and types, is divided into laboratory and natural experiments. Laboratory The experiment is mainly used in scientific research, as well as in forensic psychological examinations. The disadvantage of this method is the difficulty of using laboratory equipment in the 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 disadvantages are overcome by using the natural experiment method. At natural In an experiment, its participants perceive everything that happens as a genuine event, although the phenomenon being studied is placed by the experimenter in the conditions he needs and is subject to objective recording. An example is an experiment conducted by Romanian criminologists to test the reliability of eyewitness testimony. A quarrel and fight were staged at a market in Bucharest. The people studied were the people who were on the market at that moment, and those who subsequently carried out an investigation into this episode. None of them knew that they were dealing with a staging. Everything that happened unnoticed by those present was recorded using filming and sound recording. The behavior of the “intruder” was rehearsed in advance. Most of the witnesses were questioned within 7 to 14 hours after the “incident”, 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, and the time of the “incident.” 232 responses were analyzed. The most accurate readings were those 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% were not related to the essence of the matter. This experiment dispelled scientists' skepticism regarding the reliability of eyewitness testimony. Testing 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 over a certain period of time in a limited area or even in the entire country, which avoids hasty and insufficiently mature decisions. Experiments of this kind were carried out both abroad and in our country. Thus, on an experimental basis in England in 1965, the use of the death penalty was suspended (until July 31, 1970). At the end of this period, Parliament had to either permanently abolish the death penalty (which it did), or return to the previously existing situation, when the death penalty was provided as the ultimate penalty in a number of categories of murder cases. Currently, in some regions of Russia, an experimental testing of the institution of jurors is being carried out, who consider criminal cases for the most serious crimes. There is also another type of experimental method that can be used in legal psychology - this is formative (educational) experiment. It is aimed at studying mental phenomena in the process of education and professional training by introducing 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 institutions. With its help, convicts can be taught work skills, new views and attitudes towards society, and develop socially acceptable behavior. Finally, we can note another type of experimental method - 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 asked to answer each word with the first word that comes to his mind. In all cases, reaction time is taken into account, i.e. the interval between the word and the answer. The use of this method for psychodiagnostics (determining the involvement of a suspect in committing 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 over a narrower range, is test method . A psychological test, called a test, has long been used to resolve various issues: checking the level intellectual development, determining the degree of giftedness of children, professional suitability, 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 intended to identify 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 test), tests using drawings, etc. An example is the last test: the child is asked to draw his parents. Depending on whose figure is drawn larger - the father or the mother, we can conclude who dominates the family - the father or the mother. There is, for example, a test that studies legal consciousness: a case is presented that allows for different interpretations of both the fact itself and issues of law, and it is proposed to make a choice between possible solutions. This is the Mira y Lopez test for adultery. The interviewee is asked to put himself in the place of the deceived spouse and choose one of ten possible solutions: kill a rival, kill the culprit, leave her, divorce, etc. Personality questionnaires are built on the principle of a person’s self-esteem. Among them, the most famous test is "MMPI", containing 384 statements. Based on the results of the answer, a psychological profile of the individual is compiled. The Taylor and Eysenck questionnaires are constructed similarly: the first determines the level of anxiety of an individual, the second - the degree of isolation, sociability, and emotional imbalance. The Eysenck Questionnaire also makes it possible to determine the type of temperament and some personality traits. The most widely used tests are when conducting forensic psychological examinations and studying the personality of a criminal. Method of analysis of activity products person. The products of human activity are valuable objective material that allows us to reveal many features of the human psyche. Analysis of the products of activity allows us to characterize the characteristics of skills, techniques and methods of work, personality traits expressed in attitude 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 and professional skills, it is necessary to generalize best practices, as well as errors in the activities of law enforcement agencies that arise as a result of the action of various psychological factors. For this purpose, materials on the exchange of experience, publications of famous lawyers are studied, which reveal the secrets of their skills and give advice on overcoming professional deformation and other negative phenomena. A specific variety of this method is the study of the results of criminal activity and methods of committing a crime. Criminologists are well aware that repeat offenders who “specialize” in a particular type of crime usually commit them in the same way. Repeatedly, the method of crime forms the so-called “criminal handwriting”. Sometimes the “calling card” of a criminal can be an attack on the same objects, for example, the theft of only paintings (precious items, video equipment, cars). Knowledge of the method of committing a crime to solve a crime was used by criminology back 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 - M08. Analysis of the method of committing a crime may indicate the emotional state of the criminal. Inflicting a large number of bodily injuries on the victim may sometimes indicate that the offender was in a state of strong emotional arousal or passion. Method of psychological document analysis. A document in the broad sense of the word (that is, something that is written down, drawn or depicted in some other way), even if it is not related to law, may contain information of interest to legal psychology. Document analysis is a method that allows you to obtain such information. There are 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 or judge, to discover in these norms a reflection of mental patterns taken into account when carrying out 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 incidents, that is, cases in which a court decision was made. If a lawyer is mainly interested in the correctness or incorrectness of the application of a norm (or norms) of law when making a judicial decision, then the psychologist in his analysis will strive to see the life situation, the combination in it of interpersonal (socio-psychological) and individual (psychological) phenomena that were revealed by the judicial solution. In court decisions, the psychologist is interested in life facts, 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 aspect, valuable material for the sociological, socio-psychological and psychological study of family life. The same can be said about decisions in cases, about the responsibility of parents for crimes committed by their children, where defects in legal socialization visibly appear. The judge who made the decision can also become the object of psychological analysis. The motivation for this decision, the factors that influenced the formation of the judge’s internal conviction, etc. are psychologically interesting. In addition qualitative analysis a legal document, i.e. analysis of the meaning, its substantive side; there is a quantitative, formalized analysis, selection and processing of units of information. The most common method here is content analysis . The essence of the method is to highlight semantic units (words and symbols) in the text content, which can be unambiguously recorded and translated into quantitative indicators using counting units. As units of counting, 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 and not legal documents, materials that are of particular interest to legal psychology. Here you can dwell on the analysis of press materials and works of fiction. The press always pays sufficient attention to legal topics. It is reflected various areas public opinion, knowledge of which is interesting for a psychologist, since it allows one to get an idea of the level of development of legal consciousness, the legal culture of the population as a whole and its individual layers, the prestige of law in society, and a number of other points. Document analysis also makes it possible to obtain information about the person being studied. These can be letters, diaries, notes, reports, notes, literary works, etc. When assessing a person using 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 occupies graphology- a science that aims to determine personality traits based on the characteristics of individual handwriting. From the letter one can determine a person’s gender, level of education, emotional state, speech and mental disorders, and some features of temperament. Any study of an individual ends with a generalization of all materials received, which is reflected in the psychological characteristics of the individual. Drawing up a profile helps to navigate the collected material, helps identify and eliminate existing contradictions, and allows one to establish the socio-psychological reasons for the crime committed (if the person being studied is the accused). Recently, within the framework of research carried out in forensic and criminal psychology, the scope of studying the personality of a suspect, accused, or convict has been determined, although this volume or scheme of personality study can apply to any object of psychological research.
METHODS OF LEGAL PSYCHOLOGY
Systematic approach to the study of personality and groups in legal psychology
Classification of methods of legal psychology
The test method and the limits of its application in legal psychology
Sociometry and its modifications
A systematic approach to the study of personality and groups in legal psychology
The systems approach and the increasing role of system knowledge were determined both by the new needs for the development of scientific knowledge and by broader practical needs. The accumulation and deepening of scientific knowledge, its differentiation and integration lead to a deeper understanding of the phenomena under study. At the same time, this picture is becoming more and more complex, dissected and dynamic. Naturally, scientific methodology had to find appropriate forms to express these complex structures, dependencies and relationships, so systems concepts turned out to be very timely.
The essence of the systematic approach to the study of objective reality lies in the fact that objects of knowledge are considered as integral formations. The systems approach is based on the position that the specificity of a system (Greek systema - a whole made up of parts, an association) is not reduced to the characteristics of its constituent elements, but is rooted primarily in the nature of the connections and relationships between them.
Integrity is the result of the integration of parts of the whole; this concept reflects the process and mechanism of combining parts, acquiring a complex of integral aggregate qualities. Any system can be considered as part of another larger system, a system complex.
A system complex is a holistic composite phenomenon, when the system itself consists of two or more independent, but interconnected systems. Thus, a personality, on the one hand, can be considered as a system, and on the other hand, as a system complex, which includes systems such as memory, thinking, character, etc.
The system complex can be represented in the following systems: the personality of the leader - the team of the institution; victim – group of offenders – witnesses, etc.
In a system, the subject of study is its structure, the laws of connecting parts into a whole, its internal mechanisms and integral laws. In a system complex there are hierarchical connections, interactions and relationships between two or more systems. The integrity of the complex is no longer an organic integrity, but only the unity of interacting systems (for example, a driver and a car; an individual and a group).
The principle of the hierarchy of systems in a system complex is very productive for legal psychology. The systems approach allows us to present legal psychology as a system included in higher-ranking system complexes - psychology and jurisprudence, or as a system complex including systems of criminal, forensic psychology, etc.
The system of mental phenomena is multi-level, which is built hierarchically. It includes a number of subsystems with different functional qualities. We can distinguish three main inextricably interconnected subsystems: cognitive, in which the function of cognition is realized; regulatory, providing regulation of activity and behavior; communicative, formed and realized in the process of communication between people. In turn, each of these subsystems can be further divided into smaller ones.
A systematic approach requires consideration of phenomena in their development. The integrity of the system is formed and destroyed during its development.
The object of study of legal psychology is a person as a subject of law enforcement activities and a participant in certain legal relations. The task of legal psychology is primarily to study and highlight the psychological patterns of individual activity in the field of legal regulation, as well as to develop practical recommendations to improve the efficiency of law enforcement activities. A systematic approach in legal psychology allows us to establish the mechanism of the determining influence of the social environment on the lawful or unlawful behavior of a person and social groups.
The systems approach allowed us to move away from linear determinism (causality). For a long time, psychology has tried to present human behavior as a direct, unidirectional chain of causes and effects: “cause – effect”, “new cause – new effect”. The primitive concept of linear determinism described a single chain of events, which is well illustrated by the old song:
There was no nail - the horseshoe was gone.
There was no horseshoe - the horse went lame.
The horse went lame - the commander was killed.
The cavalry is defeated - the army is fleeing.
The enemy enters the city, not sparing prisoners,
Because there was no nail in the forge.
An essential characteristic of system determination is its nonlinearity:
– firstly, a departure from the search for a single determinant (cause);
– secondly, refusal to understand the “cause-effect” relationship as an immediate, close-in-time manifestation, recognition of a cumulative cause, which involves the accumulation of a certain critical mass of changes (for example, the accumulation of negative experiences, as a result of which stress or affect may occur in the future);
– thirdly, a violation of direct habitual relationships between certain parameters, the emergence of “perverted” relationships (for example, the reverse effects of overly significant motivation - disorganization, maladaptation, “slipping” to lower levels of regulation, etc.).
To reveal cause-and-effect relationships in individual behavior, such a concept as a system-forming factor seems very important. In human behavior, motives, goals, tasks, attitudes, interpersonal relationships, emotional states, etc. can act as a system-forming factor. When studying a system that includes the fact of a crime, the victim, the offender, and witnesses as structural elements, it is important to understand which system-forming factor has become the leading one for this system.
Classification of methods of legal psychology
Any science, as is known, is primarily aimed at conducting objective research and, therefore, determining its main methods and auxiliary techniques.
A method is a way of knowledge, a way that allows you to explore the subject of science. Therefore, the methodology of science includes, along with principles, guidelines, and scientific approaches, also a system of research methods.
Legal psychology uses a system of scientific methods both of 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, jurisprudence).
These methods can be classified both by purpose and by 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 patterns of human relations regulated by the 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 psychological impact to the individual. The main method of influence that can be used in legal psychology is persuasion. Persuasion is an influence on consciousness, feelings, will through communication, explanation and proof of the importance of a particular position, view, action 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 a person under investigation, a suspect, an accused, a witness, a victim to give truthful testimony). Persuasion is the main, most universal method of leadership and education and should be widely used in the activities of judicial and law enforcement agencies. The mechanism of persuasion is based on the activation of human mental activity. You need to convince with reason. Argumentation is the presentation of logical arguments in order to prove the truth of a proposition. Persuasion is a complex method, since it requires the person using it to developed intelligence, knowledge of logic.
Other methods in this group include suggestion and manipulative tactics.
Suggestion is nothing more than an invasion into a person’s consciousness (or instilling in him an idea), occurring without the participation and attention of the person receiving it and often without clear consciousness on his part (for example, hypnosis, religion, programming, etc.) . With suggestion, a targeted verbal or figurative influence is carried out, causing uncritical perception and assimilation of any information. The method of suggestion and its variety, self-hypnosis, has proven effective in psychotherapy, sports and educational psychology, and in solving educational problems.
Manipulative influence is a form of interpersonal communication in which influence on a communication partner in order to achieve one’s intentions is carried out covertly. Manipulation involves an objective perception of a communication partner, the desire to achieve 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 “permitted manipulation” is business, propaganda, business relations in general. Manipulators are also found in everyday life.
It should be noted that the range of application of these methods in legal psychology is limited by legislation (in civil and criminal cases) and ethical standards.
3. Methods of forensic psychological examination (FPE). A forensic psychological examination is carried out by an expert psychologist by order of the investigative or judicial authorities and must represent an objective and full research individual (group of people). Forensic psychological expert research is limited by the requirements of the legislation regulating the examination. The content of the set of methods used in the EIT is determined by the nature of the offense, the specific tasks assigned to the expert, and the age of the subject(s). Some SPE methods are necessarily included in the research complex: conversation, observation and its variety - behavioral portrait, analysis of criminal case materials, retrospective analysis of the behavior of the subject person(s) in the crime situation under study. The forensic psychological examination itself is often called a method of studying an individual (group).
According to research methods, V.L. Vasilyev 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 research methods of B.G. Ananyev, widely known in Russian psychology. He identifies four groups of methods.
I. Organizational research methods. These include:
– comparative method is a comparison of different groups of subjects, individuals, mental processes among themselves or the same mental process, state, but in different period(for example, features of the functioning of the emotional sphere of the personality of the person being examined before, during and after the offense. This method is also used in legal disciplines;
– the longitudinal method involves multiple examinations of the same individuals over a fairly long period of time, allowing one to study the dynamics and characteristics of individual development(for example, psychological examination of persons who have been in prison for a long time);
– complex research programs, in which representatives of other sciences participate. These programs are created, as a rule, to solve practical problems. In a complex study of one object being studied, there is a division of functions between individual approaches, which makes it possible to establish differences, connections and dependencies between phenomena various kinds, for example, when conducting a comprehensive forensic psychological-psychiatric examination of affect (CSPE), there are differences in the approaches of psychiatrists to pathological affect and psychologists to physiological affect.
II. Empirical methods are the most extensive group of methods for obtaining scientific data. This group of methods includes:
– observation, introspection, behavioral portrait;
– experimental methods;
– psychodiagnostic methods;
– analysis of the process and products of human activity;
– survey methods (questionnaire, interview, conversation);
– sociometry;
– biographical methods (analysis of events life path person, documentation, evidence, content analysis);
– the modeling method 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 must reflect the most essential things that are associated with a real phenomenon or object; this is the main disadvantage of the modeling method. What is considered essential and what is not important? By not taking into account what seems unimportant in the model, very important elements can be missed. Two main forms of modeling are known: physical (a real phenomenon or object is replaced by a physical object - material in the form of a technical device (for example, notches, knots for memory), then the invention of written language, which marked the beginning of memory modeling, computer technology and the Internet system at present represent the most advanced models not only of memory, but also of 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 a real phenomenon, event, object are replaced by a system of equations, and their solution allows, for example, to build a forecast regarding the phenomenon being studied; mathematical models in the field of education are known, etc.
III. Methods for processing the obtained data. These methods include quantitative (statistical) and qualitative (differentiation of material into groups, variants, description of cases that most fully express types and variants, and those that are exceptions) analysis.
IV. Interpretive methods: genetic and structural methods. The genetic method makes it possible to interpret all processed research material in terms of developmental characteristics, highlighting phases, stages, and critical moments in the formation of mental neoplasms. It establishes “vertical” genetic connections between levels of development. The structural method establishes “horizontal” structural connections between all studied personality characteristics.
B.G. Ananyev believed that the classification proposed by the Bulgarian psychologist G.D. Piryev is quite complete (see Fig. 4.1. – 4.3.)
It should be noted that research methods of legal psychology are used for both scientific and practical purposes.
Observation method and its modifications
Observation is an intentional, purposeful perception that does not change the conditions of existence of the object or phenomenon under consideration. Observation is systematic, subordinated to a specific goal and takes place according to a pre-drawn plan, using special means, technical devices to implement observation and record the received data.
Observation is used both in scientific research and in various types of professional activities: observations of physicists, chemists, etc. over the course of physical and chemical processes; monitoring by the power system operator of instrument readings on the control panel; surveillance during operational search, investigative activities and judicial proceedings; psychologist's observations.
Scientific observation is always aimed at achieving cognitive, research goals. Observation included in practical activities serves this activity, and the results obtained are used to achieve the main goal of practical activity: by a doctor to make a diagnosis, a teacher to increase the efficiency of the educational process, an operative and investigator to solve a crime, an operator to maintain the normal operation of the power system .
Observation is a universal method, as it is used in studies of a wide range of mental phenomena; a flexible method, since it is possible to change the observation process, put forward and test hypotheses; can be carried out without technical equipment; is one of the main methods of psychology.
Observation is selective in nature, since it is impossible to observe everything in general due to the limitless diversity of existing things, despite the requirement for completeness or photographic observation.
The presence of an observer can influence the behavior of the person being observed. To reduce this influence, different methods are used: 1) the private presence of the observer in the environment surrounding the observed, deepening into his work, as if not paying attention to the observed, allows him to “get familiar”; 2) replacing the observer with recording equipment (television transmitter, video recorder, movie camera, etc.); 3) covert filming; 4) observation from a room separated from the room where the observed person is located, using special glass that makes the observer invisible, etc.
Difficulties for observation in psychology are caused by some features of mental phenomena: their uniqueness, originality, very short or very long duration. For example, some emotional expressions last 1/8 of a second (fast motion filming is usually used to observe them); when the observed phenomenon lasts for a long time, discrete (intermittent) observation is used.
Observers may differ in visual and hearing acuity, ability to concentrate and distribute attention, characteristics of memory, thinking, emotional stability, temperament, etc. Differences in personal characteristics can lead to differences in observational data, and targeted observation training can reduce the level of action of these factors.
As a rule, they will highlight the following types observations: included and not included; open and hidden; field and laboratory, as well as provoked.
Participant observation: the researcher is a member of the group of people he observes, a full participant in events (for example, used in operational-search activities when introducing a law enforcement officer into a criminal environment); with non-involved, external observation, the observer is third party(often used when preparing a research program, to clarify hypotheses, and determine the principles of organizing research).
Observation can be open, obvious and hidden (for example, the observer is hidden, invisible behind Gesell glass).
Field observation is carried out in natural conditions for the person being observed and allows you to explore natural life object of observation, but the situation of interest is little controllable, and may not appear at all - this is often a wait-and-see, unsystematic observation.
Laboratory observation is aimed at studying an individual (group) in a controlled situation, which is created artificially and this can distort the results obtained.
Provoked observation is close in form to a natural experiment, since the researcher creates a situation that interests him.
In all cases, based on observation data of human behavior in various life situations, a psychological description human behavior – “behavioral portrait”. As a rule, for a more complete picture of the person being studied, this data is supplemented with information obtained using other techniques and methods (conversations, studying the life path, characteristics of acquaintances, friends, etc.).
Main lines of observation and parameters of the “behavioral portrait”.
The subject of observation here is the behavior of an adult in natural living conditions. However, data from observing behavior alone is not enough for a psychological analysis of behavior and understanding the meaning of the latter. After all, human behavior cannot be separated from the context of the situation in which it unfolds. This means that within the framework of field observation, observation itself is carried out simultaneously along two lines: both of human behavior and of the situation in which the latter takes place.
The main parameters of a behavioral portrait include individual features of appearance that are important for the characteristics of the observed person (style of clothing and hairstyle, desire for one’s own appearance“to be like everyone else” or to stand out, to attract attention; indifference to one’s appearance or attaching special importance to it). What elements of behavior confirm this and in what situations:
– pantomime (posture, gait features, gestures, general stiffness or, conversely, freedom of movement of the subject, characteristic individual poses);
– facial expressions (general facial expression, restraint, expressiveness; in which situations facial expressions are especially animated, in which - constrained);
– speech behavior (silence, talkativeness, verbosity, laconicism; stylistic features, content and culture of speech; intonation richness, inclusion of pauses in speech, tempo of speech);
– behavior towards other people – position in the team and attitude towards this, method of establishing contact, nature of communication (business, personal, situational, cooperation, egocentrism), communication style (authoritarian, focused on the interlocutor or on oneself), position in communication (active, passive, contemplative, aggressive, desire for dominance);
– the presence of contradictions in behavior – demonstration of different, opposite in meaning, ways of behavior in similar situations;
– behavioral manifestations of attitude towards oneself (towards one’s appearance, shortcomings, advantages, opportunities, one’s personal belongings);
– behavior in psychologically significant situations (task completion, conflict);
– behavior in the main activity (work);
- examples of characteristic individual verbal cliches, as well as statements characterizing their horizons, interests, and life experience.
The mastery of the “behavioral portrait” method by legal psychologists and lawyers allows them to create a more complete picture of the specific person being monitored, the person’s mental state, character traits, social status. For the purpose of disguise, a person can change his appearance (wig, cosmetics, plastic surgery, change of clothes, etc.), but a significant number of behavioral features that have become automatisms, i.e. controlled at the level of the unconscious mental, it is difficult or even impossible to change.
Data psychological portrait may serve to identify a specific person. Behavioral portraits of representatives of the criminal environment occupying various positions in hierarchical structure criminal group, can be used by police officers when developing a “scenario” for implementation.
A behavioral portrait helps investigators and operational workers in searching, monitoring and detaining escaped criminals, in searching for missing persons, in identifying suspects, accused, witnesses and victims.
When searching for escaped criminals and missing persons, it is used to prepare search requirements, which describe in detail the appearance of the wanted person, the characteristics of “special signs” and “catchy signs”, which allows individuals to firmly retain in their memory the mental image of the wanted person.
Considering that some signs of appearance and behavior that are important for search can be easily changed, search activities using a “verbal (and equally “behavioral”) portrait” should be carried out quickly and efficiently.
Self-observation (introspection) is observation of one’s own internal mental processes, but at the same time observation of their external manifestations. Currently, self-observation is often used in the form of a verbal report or written questionnaire. This method makes it possible to learn about a person’s reactions to situations in which observation is difficult (for example, “Are you afraid of heights,” “Do you like to play the same game for a long time,” etc.). This method is used in the psychology of creativity (based on memoirs, autobiographical notes of famous scientists, artists, and other creative workers), legal psychology (analysis of data from criminal and civil cases, testimonies of victims, witnesses actually represent self-reports about their states and experiences).
The “Psychological Autobiography” technique is one of the situational psychodiagnostic techniques. A situation is a product of active interaction between the individual and the environment, when a person’s life path is explored, i.e. those specific biographical events in which significant social processes are experienced (social transitions, crises, etc.). The basic unit of such analysis is the event, i.e. “a turning point in a person’s life path associated with his acceptance of long period his life's important decisions."
The technique allows us to identify the peculiarities of perception of significant, most important events in a person’s life. This technique can be considered as projective, since with his answer the subject gives it personal meaning.
The subject is asked to list the most important events that have happened in his life, as well as those that he expects in the future. Events must be assessed both happy and sad in points (from +1 to +5; from –1 to –5), and also indicate the approximate date of the event. When interpreting, productivity is analyzed (by the number of named events), the significance of life events, the average time of retrospection (the remoteness of events into the past, and the more distant it is, the higher the degree of implementation) and adaptation of events (their remoteness into the future, the further it is, the higher the degree their potential), content of events, etc.
Experimental method in legal psychology and legal practice
This method is one of the leading in psychology, because the penetration of experimental and mathematical methods into it determined its formation as an independent science and contributed to its separation from philosophy in the 19th century.
The main features of the experiment are as follows: 1) in the experiment, the researcher himself causes the phenomenon he is studying, and does not wait, as in observation, for it to manifest itself; 2) the experimenter can change, vary the conditions under which the phenomenon of interest occurs (with simple observation, only those conditions that exist are recorded); 3) an experiment allows you to identify causal dependencies and answer the question: “What caused the change in behavior?”, since it can reveal the significance of individual, specially created conditions and establish natural connections that determine the process being studied; 4) as a result of the experiment, quantitative patterns that can be formulated mathematically are established. It was mainly thanks to experiment that natural science came to the discovery of the laws of nature. An experiment is an “active” method of studying phenomena. If observation allows you to answer the questions: “How? When? How?”, then the experiment answers the question: “Why?”
Thus, the essence of an experiment is to conduct research under specially created, controlled conditions to test an experimental hypothesis about a cause-and-effect relationship. During the experiment, the object under study is always observed and its condition is measured.
An experiment can have different types (for example, laboratory and natural).
A laboratory experiment takes place in specially created conditions, when special equipment is used, and the subjects know that they are participating in an experiment and their actions are determined by instructions.
A natural experiment takes place under normal conditions of play, educational or professional activity and communication, and the subjects do not know that they are participants in the experiment.
When conducting a forensic psychological examination, a laboratory experiment is most often used, but if the subject of the examination is a child, then it is better when the study takes place in natural conditions (for example, games). An investigative experiment (for more details, see 10.6) is more related to a laboratory experiment, since the person being studied knows that an experiment is being conducted, and the conditions in which it is carried out cannot be “identical” to natural conditions during the commission of a crime.
An example of a natural experiment in legal practice is a legislative experiment aimed at testing proposals for improving the legislation of a country. Before being accepted, these proposals must be tested within a certain period throughout the country or part of it. This allows you to avoid mistakes and hasty decisions. Thus, on an experimental basis in England in 1965, the use of the death penalty was suspended (until July 1970). At the end of this period, Parliament had to either permanently abolish the death penalty (which it did), or return to the previously existing position, when the death penalty was provided for as the ultimate penalty in a number of categories of murder cases.
Currently, in some regions of the Russian Federation, for example, an experimental testing of the institution of jurors is being carried out, who consider criminal cases for the most serious types of crimes.
An association experiment is also a type of experiment. According to the instructions, the subject is asked to respond to every word spoken to him with the first word that comes to his mind. The time interval between the named word and the answer (reaction time) is taken into account.
The famous Czech writer K. Chapek in his short story “The Experiment of Professor Rouss” showed how this method is used during interrogation.
They bring a certain Suchanek to the professor, who has been under arrest for a week on suspicion of murdering taxi owner Josef Cepelka. The missing Cepelka's car was found in Suchanek's barn, and blood stains were found on the steering wheel and under the driver's seat. The arrested man denies everything and even begins to respond to the professor’s words only after threats from the chief of police.
“A glass,” repeated Professor Rouss.
“Beer,” Suchanek grumbled.
“That’s another matter,” said the celebrity. - Great now.
Suchanek looked at him suspiciously. Isn't this whole idea a trap?
“The street,” the professor continued.
“Carts,” Suchanek responded reluctantly.
- We need to hurry up. House.
- Lathe.
- Brass.
- Very good.
Suchanek apparently no longer had anything against such a game.
- Mom.
- Dog.
- Kennel.
- Soldier.
- Artilleryman.
The roll call is getting faster and faster. Suchanek was amused by this. It looks like a game of cards and all sorts of things you can’t remember!
“The road,” C.D. Rouss said to him at a rapid pace.
- Beroun.
- Hide.
- Bury it.
- Cleaning.
- Rag.
- Shovel.
Silence…
- Dead body! – the professor repeated persistently. -You buried it under the fence. So?
– I didn’t say anything like that! – exclaimed Suchanek.
“You buried it under the fence in your garden,” Rouss repeated decisively. – You killed Chepelka on the road to Beroun and wiped the blood in the car with a bag. Where did you put this bag?
Professor Rouss was right. Cepelka's corpse, wrapped in a blood-stained bag, was buried under a fence in Suchanek's garden.
This associative experiment, to a certain extent, can be considered a prototype of the polygraph (lie detector), which is currently used in investigative and judicial practice in modern Western countries or when testing company employees (for more details, see 10.1).
Depending on the degree of intervention in the course of mental processes, phenomena and states, the experiment can be classified into ascertaining, formative and transformative.
The ascertaining experiment reveals certain mental characteristics and provides preliminary material regarding the level of development of any psychological qualities.
A formative experiment allows you to develop specific qualities in a person under certain, controlled conditions.
A transformative experiment is aimed at transforming and changing already formed qualities.
Survey methods (questionnaire, interview, conversation)
A survey is a method of collecting primary information based on direct (conversation, interview) or indirect (questionnaire) socio-psychological interaction between the researcher and the respondent. The source of information in this case is a person’s verbal or written judgment.
The widespread use of this method is explained by its versatility, comparative ease of application and data processing. The researcher can quickly obtain information about real activity, the actions of the interviewee, information about his moods, intentions, assessments of the surrounding reality.
One of the difficulties faced by a researcher using survey methods is ensuring the validity and reliability of the data obtained. The information that the interviewer receives is subjective in nature, since it depends on the degree of sincerity of the respondent, his ability to adequately evaluate his actions and personal qualities, as well as other people, ongoing events, etc. Therefore, the data obtained as a result of the survey should be compared with data obtained by other methods (experiment, observation, analysis of documentation, etc.).
The survey can be group or individual; oral and written.
A conversation is one of the survey methods, which is a relatively free dialogue between the researcher and the subject(s) on a specific topic, i.e. a method of obtaining information based on verbal (verbal) communication. In a conversation, you can identify the relationship of the person being examined to people, their own behavior, and events; determine the cultural level, features of moral and legal consciousness, level of intellectual development, etc.
Thus, a free, relaxed conversation, during which the investigator studies the main characteristics of the interlocutor’s personality, develops an individual approach and comes into contact with the interrogated; such a conversation very often precedes the main part of the interrogation and the achievement of the main goal - obtaining objective and complete information about the crime event. During the conversation, you should make a favorable impression on your interlocutor, arouse interest in the issues being discussed, and a desire to answer them. What should you pay attention to when establishing personal contact with your interlocutor?
A favorable climate for conversation is created by:
– clear, concise and meaningful introductory phrases and explanations;
– showing respect for the personality of the interlocutor, attention to his opinion and interests (you need to let him feel it);
– positive comments (every person has positive qualities);
– a skillful manifestation of expression (tone, timbre of voice, intonation, facial expressions, etc.), which is designed to confirm a person’s conviction in what is being discussed, his interest in the issues raised.
A conversation between a police psychologist and a victim of a crime can and should have a psychotherapeutic effect.
What is usually worthy of sympathy and compassion? This is grief and torment, all the troubles that came unexpectedly, the death of close relatives, illness and injury, loss of property, undeserved accusations and punishment.
Understanding the emotional states of another person, expressing sympathy for him, the ability to put oneself in his place (the mechanism of empathy); demonstration of sympathetic attention to the immediate needs of a person - important condition establishing contact with the interlocutor.
The conversation must be well organized, as this ensures the effectiveness of its results, i.e.:
– delivered specific tasks;
– a preliminary plan has been drawn up;
– the appropriate time and place are selected, taking into account their influence on the results;
– methods for recording the information received in the conversation have been chosen;
– an atmosphere of mutual trust has been created.
The conversation helps the psychologist and lawyer demonstrate their positive qualities, the desire to objectively understand certain phenomena, which also helps to establish and maintain contacts with the person being interviewed. In the case when the direction of the conversation and the nature of the questions are strictly posed, when the interviewer only asks questions, and the interviewee only answers them, we are dealing with another type of survey - an interview.
An interview is a method of obtaining the necessary information through direct, targeted conversation in the form of question and answer.
The conversation, as a rule, is not limited in time and sometimes it is difficult to “fit” into the initially given direction. In an interview, the pace and plan of the conversation is “imposed”; the interviewer stays more strictly within the framework of the issues being discussed. During the interview, feedback is weakened to some extent - the interviewer maintains a neutral position, only records answers, statements, and it is often difficult for the interviewee to understand the attitude of the interviewer to his answers (whether he accepts them, believes them, shares the same views). A significant part of the interrogation during the investigation takes place in the form of an interview.
Through interviews, you can obtain a wide variety of information about the specifics of the activities of law enforcement agencies. Interviewing investigators and operational workers allows you to learn about their professionalism, the difficulties they encounter, their opinion about the causes of crime and ways to reduce its level.
By interviewing judges, you can obtain information about ways to form internal convictions, criteria for evaluating evidence, techniques for establishing psychological contact with defendants, the disadvantages and advantages of the judicial procedure, etc.
Conducting a conversation and interview is a great art that both psychologists and lawyers must master. These survey methods require special flexibility and clarity, the ability to listen and at the same time conduct the survey along a given path, understand the emotional states of the interlocutor, react to their changes, and record external manifestations these conditions (facial expressions, pantomime, redness, paleness of the facial skin, tremors or obsessive hand movements).
Questioning is conducting a survey in written form. For this purpose, a set of structurally organized questions (questionnaire) is used. The advantage of this method is the ability to conduct research on a large group of people at the same time and the relative ease of statistical data processing.
In the field of legal psychology, the questionnaire method was used to study the origins of criminal intent, professiograms, professional suitability, professional deformation of investigators and other law enforcement system specialists.
Compiling a questionnaire is a complex process that requires the researcher to have a certain level of professional skill and a clear understanding of the goals of the upcoming study. According to the form, the survey questions are divided into: open (the answer is formed by the respondent himself in free form) and closed (the wording of the question contains a list of possible answers); direct (formulated in a personal form) and indirect (formulated in an impersonal form).
When drawing up a questionnaire (interview plan), you should adhere to a number of general rules and principles:
– the formulation of questions must be clear and precise, their content understandable to the respondent, corresponding to his knowledge and education;
– complex and ambiguous words should be excluded;
– there should not be too many questions, since interest is lost due to increasing fatigue;
– include questions that test the degree of sincerity.
The test method and the limits of its application in legal psychology
A test (English test - test, test) is a psychodiagnostic method, which is a system of tasks presented to the test subject, and is defined as a standardized change and assessment of the individual characteristics of a person, his states, reactions. The test is used to check the level of intellectual development, determine the degree of giftedness of children, professional suitability (for example, lawyers); A number of test methods are used in forensic psychological examination. The test can also be used to measure the socio-psychological characteristics of groups and the severity of group phenomena.
Psychodiagnostics is the science and practice of making a psychological diagnosis. The term "diagnosis" is most often understood as the recognition of any deviation from normal functioning or development and as a way of determining the state of a specific object (individual, family, small group, one or another mental function or process in a specific person).
The ideas of professional psychodiagnostics occupied humanity back in Ancient Babylon and Ancient Egypt. So, in order to evaluate candidates for the role of priests, they were tested on their ability to listen and remain silent, to be in a dark dungeon all alone, and to overcome the fear of fire and water. IN Ancient China the system for testing the abilities of persons wishing to become government officials included 6 indicators: archery, horse riding, ability to count, write, understand music and knowledge of rituals. Every three years, officials were examined by the emperor himself, thus confirming their erudition. Intellectual abilities were considered especially important. Thus, the great mathematician of Ancient Greece, Pythagoras, argued that a person who was unable to quickly solve a mathematical problem cannot count on further professional advancement: “Not every tree can be carved into Mercury.”
The first testing methods for checking individual differences were formulated by the English scientist F. Galton in 1884-1885. The term “mental test” was first used in scientific literature by the American scientist J. Cattell (1860-1944).
Depending on the area to be diagnosed, there are intellectual tests; achievement and special ability tests; personality tests; tests of interests, attitudes, values; tests diagnosing interpersonal relationships, etc.
Tests can, firstly, be based on tasks that require the correct answer (many intelligence tests, tests of special abilities, etc.) or on tasks for which there are no correct answers, and the tasks are characterized only by the frequency (and direction) of that or another answer, but not its correctness (most personality tests). Secondly, it is possible to distinguish between verbal (mediated by the speech activity of the subjects) and non-verbal (performance of the task is based on non-verbal abilities - sensory, perceptual, motor). There are a large number of tests aimed at assessing personality, abilities and behavioral characteristics.
However, the use of only such tests that meet the following requirements is considered scientifically justified:
– standardization, which consists in creating a uniform procedure for conducting and assessing the performance of test tasks (linear or nonlinear transformation of test scores, the meaning of which is to replace the original scores with new, derivative ones that make it easier to understand the test results, using methods of mathematical statistics);
– reliability, meaning the consistency of indicators obtained from the same subjects when repeated testing (retest) using the same test or its equivalent form:
– validity (adequacy) – the degree to which the test measures exactly what it is intended to measure;
– practicality, i.e. economy, simplicity, efficiency of use and practical value for many various situations and types of activities.
It is advisable that testing, i.e. conducting, processing the results obtained and their interpretation were carried out by a specialist psychologist with appropriate training. The use of tests by non-professionals will not give the necessary results.
The disadvantages of the test method include poor prognostic ability, “attachment” of the results to the specific testing situation, the attitude of the subject to the procedure and the researcher, the dependence of the results on the state of the person being tested (fatigue, irritability, stress, etc.).
Test results, as a rule, provide only a current snapshot of the quality being measured, while most personality and behavior characteristics can change dynamically. Thus, testing a person accused of committing a crime (who is in a pre-trial detention center), when solving the problems of a forensic psychological examination, can give an incorrect, distorted idea of the personality due to a state of anxiety, possible depression, despair, anger, etc.
Loss individual approach in personality research. Tests are the most common “comb” under which all people are adjusted. They cannot be absolutized as a method, made the only exhaustive research methods; since the tests are intended to complement only the traditional and the methods we indicated above.
It should be noted that in the West the “test boom” has now noticeably declined. Thus, in some US states, testing is prohibited by law, and where it is still used, global hopes are no longer placed on its results.
Many circumstances contributed to this. Let's give one illustrative example. In the mid-70s. A New York court considered the claim of a certain D. Hoffman against the city department of education. The essence of the claim was as follows. At the age of six, Hoffman was tested, based on which he was recognized as mentally retarded and sent to an appropriate educational institution. The boy suffered from mild speech underdevelopment and had recently been tested at a speech center. This time the test did not include verbal tasks, and Daniel showed good results. However, this did not affect his fate. After graduating from a school for the mentally retarded, he was retested for placement in the appropriate vocational training group. The test this time revealed enough high level his intelligence, and the young man was not accepted into the vocational training group as he did not correspond to the specifics of its contingent. Finding himself on the threshold of adulthood without a full education and without a profession, he went to court demanding compensation for his crippled fate. The court recognized the claim as fair and ordered the responsible pedagogical organization pay him $750,000. The Court of Appeal upheld the court's decision, however, reducing the amount of compensation... to half a million dollars.
Without going into discussions about the advantages of the rule of law, let us turn to some important conclusions arising from this unusual case. Firstly, it must be recognized that working methods, such as tests, serve at the same time as a powerful tool for social selection. After all, based on the results of their use, conclusions are drawn that radically decide the fate of a particular person. A specialist who considers himself entitled to make such decisions, firstly, must be aware of the full extent of his responsibility. Secondly, it is quite obvious that one-time testing is not enough to make such a decision. There are various variants of techniques aimed at different manifestations of intelligence. However, their results may differ markedly.
Testing practice has revealed certain limitations in the capabilities of tests due to a number of reasons. First of all, a test is usually a set of tasks, and the final result is the sum of marks for completing individual tasks. However, if the test is not homogeneous, as is most often the case (i.e., its tasks are aimed at identifying various components of intelligence), then the final result of its implementation does not give an idea of the characteristics of the mental activity of the subject. Two different people each can solve half of the test tasks, and these may be different halves, consisting of dissimilar tasks, but the final result is the same, which, in principle, should indicate the equality of the abilities of these people. If the completion of some tasks (the most difficult) is rated higher than others and some third person solved only these tasks (and the rest, for example, did not have time), but scored the same number of points, then his intelligence will be equal to the previous two. This illustrates the fundamental drawback of the test: the assessment is given only on the final result without taking into account the qualitative uniqueness of mental activity. In other words, the test indicates how smart (stupid) a person is, but does not say anything about in what sense he is smart, what exactly is hidden behind this assessment. Yes, most tests do not pretend to do this. Being, in essence, a measurement mechanism, the test exists outside the concept of measure and without a clear definition of the object of measurement.
Sociometry and its modifications
Sociometry (Latin socio – community, society; metrum – to measure) is a method for studying interpersonal relationships in a group or team. Sociometric technique is used to diagnose interpersonal and intergroup relations in order to change, improve and improve them. With the help of sociometry, one can study the typology of social behavior of people in group activities, and judge the socio-psychological compatibility of members of specific groups.
Along with the official or formal structure of communication, reflecting the rational, normative, obligatory side of human relationships, in any social group there is always a psychological structure of an unofficial or informal order, which is formed spontaneously as a system interpersonal relationships, likes and dislikes. The features of such a structure largely depend on value orientations participants, their perception and understanding of each other, mutual assessments and self-esteem. As a rule, several informal structures arise in a group (for example, mutual support, mutual influence, popularity, prestige, leadership, etc.). The informal structure depends on the formal structure of the group to the extent that each individual subordinates his behavior to the goals and objectives of joint activity, and the rules of role interaction. With the help of sociometry, this influence can be assessed. Sociometric methods allow us to express intragroup relations in the form of numerical values (graphs) and thus obtain valuable information about the state of the group.
For sociometric research, it is important that any structure of an informal nature is always projected in one way or another onto the formal structure, i.e. on the system of business, official relations, and thereby influenced the cohesion of the team and its productivity. These provisions have been tested both experimentally and in practice.
The method of sociometry in legal psychology is widely used in the study of educational groups of cadets and students of educational institutions of the Ministry of Internal Affairs; teams of police departments, where the effectiveness of educational and professional activities depends on the degree of cohesion of the group. In the penitentiary system, this method is also used to study interpersonal relationships and groupings in groups of convicts.
The essence of the sociometric procedure is to conduct a survey related to the need to select group members or evaluate their activities. The sociometric procedure can be carried out in two forms:
– non-parametric sociometry (without limiting the number of elections of group members);
– parametric sociometry (with a limited number of choices, for example, in a group of 25 people, everyone is asked to choose up to 4-5 people).
The choice can be positive or negative.
A sociometric procedure can be aimed at: a) measuring the degree of cohesion (disunity) in a group; b) identification of sociometric positions, i.e. the ratio of the authority of group members on the basis of sympathy (antipathy), where the “leader” of the group and the “rejected” are at the extreme poles; c) detection of intragroup subsystems, cohesive formations, which may have their own informal leaders at their head.
The results of sociometry are subject to triple quantitative processing: tabular (sociomatrix), graphic (sociogram) and indexological (individual and group indices characterizing the individual as a member of the group and the group itself).
The selection criteria are determined depending on the program of this study: whether labor relations, leisure, for example:
– Who would you like to do... tasks with?
– Who would you not want to do these tasks with under any circumstances?
– Who would you like to invite to the New Year’s Eve party?
– Who would you like to invite to the New Year’s Eve party?
Sociometry can take additional forms.
1. If the selection of a new group to perform a complex and responsible task for a long time in special conditions depended on you, then which of the group members would you include in its composition and who would not?
2. Who do you think would include you in a group to perform a complex and responsible task?
Semi-standardized interview (conversation) questions.
1. How are you feeling?
2. Who, in your opinion, “passed” the experiment most successfully?
3. How do you assess the group as a whole? What qualities, in your opinion, characterize her?
4. Which member of your group would you prefer to see as your most desirable communication partner?
5. What changes have occurred in the group, in your opinion, over the past period (in recent days)?
6. Would you like to take part in experiments as part of this group, if possible?
7. Are you satisfied with your membership in this group?
8. How, in your opinion, are the “roles” distributed in organizing leisure and everyday life among group members? Which of them showed the greatest activity and in what sphere of life?
Note. The sequence and content of questions is determined by the researcher depending on the goals of the study.
Visual analogue scale.
1. Please mark on the line shown below how WORKED your group is. A mark on the far left will mean that your group is completely unsuccessful. A check mark at the far right will indicate that your group is as successful as possible. Mark with an “X”:
full maximum
absence 0__________________ 100 possible
harmony harmony
2. Please mark on the line shown below how PSYCHOLOGICALLY COMPATIBLE your group is. A checkmark at the far left will indicate that your group is completely incompatible. A mark at the far right will mean that your group is completely compatible. Mark with an “X”:
complete absolute
absence 0____________________ 100 psychological
compatibility compatibility
3. Please mark on the line shown below how SUCCESSFUL your group is in PERFORMING the task assigned to it. A mark on the far left would indicate a very low success rate. A mark at the far right end will indicate a very high success rate. Mark with an “X”:
very very
low 0_________________100 high
success success
The author of the method is Ya.L. Moreno was a universal creative personality of the United States (doctor, teacher, poet, journalist, cultural scientist, philosopher, engineer, inventor of the first tape recorder). He also created sociodrama as a method of solving social problems and conflicts and was one of the first to raise the problem of mental health at the level of social context. The development of his approach was significantly influenced primarily by the works of K.S. Stanislavsky.
At the end of the 30s. XX century Moreno conducted a classic experiment in group transformation at the state girls' correctional facility in Hudson, New York. In this colony there were about 500 girls with delinquent behavior from dysfunctional families. In the colony, conditions should have been created for them to acquire social behavior skills, receive a school education, as well as the prerequisites for independent, professional activity. Favorable conditions for this were created in the colony, and yet relations in the colony were tense: between the girls and the school management, group feud between the houses (in which the girls lived) and within them, low levels of academic performance and constant attempts to escape from the colony.
Hudson's Moreno project had diagnostic and therapeutic sections.
Diagnostic is the collection of data using:
– sociometric survey;
– constructing a sociogram;
– psychodramatic diagnosis.
Therapeutic section included:
– psychodrama and role-playing game;
– repeated sociometric survey;
– transformation of the group according to sociometric indicators.
Psychodrama was carried out for the final diagnosis of the sociometric structure of the groups.
Thus, the scenes of the skirmish between the newly admitted girl and the “center of attraction”, the leader of the group, led to an understanding of what was going on in the group. One of the techniques of psychodrama is role exchange. If, after long-term psychodramatic therapy, the sociometric position of a particular girl remained unfavorable, then regroupings were made.
Method of psychological analysis of documents. Content analysis
In social sciences, documents are specially created objects designed to transmit or store information about facts, events, phenomena of objective reality and human mental activity. Information can be recorded in handwritten or printed text, on magnetic tape, on photo, film, video tape, on a floppy disk, etc. Since more and more new means of recording information are emerging, a document is any specially recorded information. A document, even if it is not even related to law, may contain information of interest to legal psychology. Document analysis is a method that allows you to obtain the necessary information.
Analysis is the selection of individual aspects, properties, elements in a cognizable object, its division into certain components. In psychological and legal analysis, causal connections are established with external and internal factors and criminal behavior, as well as the behavior of the victim in a criminogenic situation. The crime and its subject, victim behavior and the victim appear before the psychologist as a single whole, however, in order to master the subject of knowledge it is necessary to dismember it, to highlight the main, defining features.
In the process of studying the legal norms regulating, say, criminal procedural activity, psychological analysis helps to understand the requirements for the profession of an investigator or judge, to discover in these norms a reflection of psychological patterns taken into account when carrying out a number of investigative actions (for example, for identification, interrogation of a minor, etc.).
It is important to analyze the complex of documents contained in criminal and civil cases. Information for the study is contained in the testimony of witnesses, victims, accused, defendants, civil plaintiffs and defendants; in characteristics at the place of residence and work, in the results of examinations, investigative experiments, etc. Analysis of documents is aimed at studying the system of dominant relationships of the person being studied, typical actions and motives.
In addition to qualitative analysis of legal documents, quantitative, formalized analysis, selection and processing of information units are used. The most common of these is content analysis.
Content analysis (content analysis) is that its procedure involves counting the frequency (and volume) of mentions of certain semantic units of the text under study, and then psychological conclusions are drawn based on the ratio of these frequencies. Initially, the method was developed for the socio-psychological analysis of newspaper texts, but then its principle extended to other variants of verbal (speech) products of human activity ( fiction, letters, diaries, notes, reports, notes, etc.).
With the advent of more advanced audio and video recording techniques, methods of such analysis began to be applied to audio and video tapes, in which live behavior and statements are unambiguously recorded and can be reproduced many times for a formal statistical analysis of the frequency of occurrence of unambiguously recorded facts.
The content analysis method arose as an alternative to traditional methods based on general logical operations of analysis and synthesis, comparison, evaluation, and comprehension. Formalized quantitative methods make it possible to reduce the share of subjectivity (for example, subjective biases in the perception and interpretation of the content of legal and other documents). Their reasons may be some psychological characteristics of the researcher - stability of attention, memory, fatigue; unconscious defensive reactions to the content of documents - highlighting “pleasant” and omitting “unpleasant” aspects; installations with an accusatory bias, etc.
A distinctive feature of the modern period is the increasingly widespread use of computers in content analysis. The press and television always pay sufficient attention to legal topics. It reflects various areas of public opinion, knowledge of which is always interesting for a legal psychologist, since this allows one to get an idea of the level of development of legal consciousness, the legal culture of the population as a whole and its individual segments, the prestige of law in society, etc.
