Brief history of the development of legal psychology. Background and Origins of Legal Psychology Early History of Legal Psychology

legal psychology

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In the early years of its inception, legal psychology took shape as a psychology

criminal

judicial

penitentiary

The accused is given a period of time - up to

20 days

days

30 days

Complete the table with the missing data:

Temperament GND type Balance of nervous processes Mobility of nervous processes
sanguine strong balanced 4
1 strong unbalanced mobile
Phlegmatic person 2 balanced sedentary
melancholic weak 3 sedentary

An impulsive reaction, reflecting the attitude of the individual to the significance of the phenomenon perceived by him, is

character

emotions

temperament

The PPA is entrusted

forensic psychiatric commission

expert psychologist

psychiatrists

Set match:

preventive psychology Section of legal psychology, which studies the psychological aspects of the trial, the problems of forensic psychological examination.
forensic psychology direction of legal psychology that studies the nature and mechanisms of deviant behavior from the position of an interdisciplinary system approach, including personal, social, socio-psychological, psychological and pedagogical factors that determine sociopathogenesis, and also offers scientifically informed recommendations on psychological support, prevention, diagnosis and correction of deviant behavior.
legal psychology psychology of reflection of legally significant phenomena in the minds of society, individual social groups and individuals.
criminal psychology a section of legal psychology that studies the patterns and mechanisms of preparing and committing crimes by individuals and criminal groups, the psychological aspects of guilt and the role of victims in a criminal act, and also develops psychologically based theories and typologies (classifications) of the personality of criminals, recommendations for improving the fight against crime.

Psychotrasology is

subsequent psychological factor

evidence of a criminal act

version detection

The antisocial illegal behavior of an individual, embodied in his actions (actions or inactions) that harm both individual citizens and society as a whole, is called ___________ behavior.

The method of psychological influence is the method

infections

individuation

beliefs

Preventive psychology studies

deviation prevention

amoral behavior

the nature and mechanisms of deviant behavior

Set match:

excitable (explosive) psychopaths characterized by an increased level of anxiety, timidity, self-doubt, extremely hypersensitivity to psycho-traumatic circumstances, maladaptation in mentally stressful situations.
psychasthenic psychopaths characterized by increased irritability, constant mental tension, explosive emotional reactivity, reaching inadequate fits of rage.
hysterical psychopaths differ mainly in their desire for recognition.
paranoid psychopaths characterized by an increased propensity for "overvalued ideas."

Intentional criminals are characterized by reactions

extrapunitive

intrapunitive

simple impulsive

Forensic psychology studies

psychological information about legal proceedings

psychological problems of procedural law

psychological aspects of the trial

Criminal formations, consisting basically of persons united according to a national or compatriotic principle, are called

communities

The POC in civil proceedings is appointed to resolve the issue of

capacity/incapacity

work/disability

sanity/insanity

forced hospitalization

Identification is an investigative _____1_____, consisting in the identification of an object according to ____2______ image of the identifying person, which must be _____3______ before this investigative action is carried out to clarify the circumstances under which he observed the corresponding object, its features and _____4_____ (choose 4 terms out of 11).

1. event 2. action 3. mental 4. actual 5. acting 6. interrogated 7. identified 8. witnessed 9. signs 10. signs 11. thoughts

Set match:

group legal consciousness the sphere of public consciousness, reflecting the law-significant phenomena of social life.
public legal awareness consciousness, depending on the interests of some groups, which often contradict public interests.
individual sense of justice It is determined by the legal consciousness of the individual, the conditions of its everyday formation.

Reckless criminals are characterized by (a)

euphoria

extrapunitive reactions

intrapunitive reactions

V.M. Bekhterov divided criminals into groups according to psychological characteristics:

1. criminals by ________ (impulsive and impulsive).

2. criminals with disadvantages of __________ spheres, who commit crimes without moral criteria, intentionally.

3. handicapped criminals _______.

4. criminals with weakened ________ (laziness, alcoholism, etc.).

The inability of a person to bear responsibility for antisocial illegal acts due to the morbid state of his psyche, the inability to account for his actions and manage them, this is _______________.

In the professional activity of the investigator, the function

formalized

cognitive-prognostic

socio-educational

The negative emotional state of irritability or anger in psychology is called ___________.

Set match:

reconstructive activity collection by the investigator of information about the event of the crime.
search (cognitive) activity the current and final analysis of all collected information and the nomination on the basis of this analysis and synthesis of special knowledge of versions explaining the event that happened.
certification activity bringing all the information obtained into a special form prescribed by law - a protocol, a resolution, etc.
communicative activity obtaining the necessary information through communication.
organizational activity consists in volitional actions aimed at the implementation and testing of hypotheses (versions) and plans.

Testimony incriminating a person in committing a crime that he did not commit (may be knowingly false, as well as the result of a conscientious error) is _________.

Set match:

law-abiding behavior the needs, desires, interests of the individual do not coincide with social requirements, but the individual, due to fear of punishment, obeys the requirements of the law.
law-abiding behavior the goals and means of achieving them coincide with social requirements not because of the inner conviction of the individual, but because of its conformity (pliability).
enforcement behavior the needs of the individual, the goals and means of achieving them coincide with the legal requirements.

The admission of one's guilt and self-condemnation of one's unlawful behavior, the readiness to bear a well-deserved punishment, is called ____________.

Establish a correspondence between the volitional qualities of a person and their definitions:

independence the ability to make and implement quick, informed and firm decisions
determination the ability not to be influenced by various factors, to critically evaluate the advice of other people, to act on the basis of one's views and beliefs
purposefulness conscious and active orientation of the individual to a certain result of activity
persistence the ability to constantly and for a long time pursue a goal without reducing energy in the fight against difficulties

The criminal behavior of officials who use their official behavior for personal enrichment is called __________________.

Criminal ___________ - antisocial behavior of the subject, encroaching on social relations protected by law.

A kind of examination of the human body to establish traces of a crime or special signs, when this does not require a forensic medical examination, is called ______________.

Legal psychology is a sub-branch of psychology

penitentiary
age
legal

A criminal entity, consisting basically of persons on a national or land basis, is

communities

bandit formations

persistent criminal groups

The gestures of insincerity are (three correct answers)

rubbing the eyelid
if for 2/3 of the time the eyes of the conversationalists meet each other
excessive politeness
ear scratching
self-confident statements
touch on the nose

The psychological defense mechanism is

Created the first experimental psychological laboratory in history

Z. Freud
A. Luria
W. Wundt

The psychopath is missing

Behavior that is contrary to the moral norms accepted in society is called

frustrated

deviant

expressive

The size of a simple organized group is

2-4 persons

5-10 people

300-500 people

Psychological barriers to interrogation

laziness

installation

frustration

Legal psychology is

applied direction

special part of psychological science

branch of criminal procedure

Penitentiary psychology is

W. James
C. Leonhard
R. Burns
E.Bern

In Russia, he dealt with the problems of creating a "lie detector"

Luria

Lombroso

Yu.Yu. Bekhterev

The mental state, expressed in the characteristic features of experiences and behavior caused by objectively insurmountable (or subjectively understood) difficulties that arise on the way to achieving a goal or solving a problem, is ___________________.

frustration

Set match:

infection a method of influencing the consciousness of a person through an appeal to her own critical judgment in order to form certain views and a worldview in general.
belief unconscious (involuntary) susceptibility of the individual to certain psychological states in which there is an uncritical acceptance of any information and feelings.
imitation a way of influencing people on each other, as a result of which there is an unconscious reproduction of personality traits and behavioral patterns.

The personality trait that characterizes her as a potential victim of a crime is

victimization

deviance

emotionality

Mental cognitive process is (are)

will

emotions

perception

Steady armed groups, consisting of a small number of members (usually up to ten people) and carrying out cruel mercenary and violent actions, are

communities

bandit formations

C. Lombroso

Yu. Yu. Bekhterev

A. F. Koni

Post-penitentiary assistance includes (give 2 answers)

consultations

psychoanalysis

employment

diagnostics

Enter the main investigative actions:
(enter with a lowercase letter) 1. ________ rate - an investigative action for the simultaneous interrogation of two persons interrogated earlier in order to eliminate the contradictions that exist in their testimony.
2. _________ - the most common way to obtain evidence in a case and at the same time one of the most difficult investigative actions: its implementation requires the investigator to have a high general, psychological and professional culture, a deep knowledge of people and their psychology.
3. Inspection ______ of the incident - the process of collecting information about the criminal event that occurred at the scene of its commission through active, purposeful perception, analysis and synthesis of the information received to solve the crime.
4. _______ - this is an investigative action aimed at a forced examination of a person, premises, structures, areas of the area under the jurisdiction of the searched person and members of his family or any organization, in order to find and seize hidden objects that are relevant to the case, as well as discovery of a wanted person or corpse.
5. presentation for __________ - an investigative action, consisting in the presentation of various persons and material objects for their identification (definition of identity).
6. __________ experiment is an independent investigative action, consisting in conducting special experiments in order to verify the evidence collected in the case, obtain new evidence, verify and evaluate investigative versions about the possibility of the existence of certain facts relevant to the case.

Set match:

schizoid (introverted) type characterized by a tendency to periods of wickedly dreary mood, accompanied by seething irritation and the search for a "scapegoat" on which to vent evil.
epileptoid (excitable) type is distinguished by isolation, immersion in the world of thoughts, ideas, images, hobbies that are far from the real world.
labile type characterized by extreme instability of mood, which changes too often and excessively sharply under the influence of insignificant, hardly noticeable to surrounding reasons.
hyperthymic type is distinguished by great noisiness, restlessness, sociability, excessive independence, even courage, a tendency to mischief.

In psychology, four types of human temperament are traditionally distinguished. Determine the description of what type of temperament is given below:
A lively, hot, mobile person, with a frequent change of impressions, with a quick reaction to all the events taking place around him, quite easily reconciled with his failures and troubles. Usually has expressive facial expressions. He is very productive at work when he is interested, getting very excited about it; if the work is not interesting, he is indifferent to it, he becomes bored. Answer ___________ .

Background and origins of legal psychology. In a number of textbooks on legal psychology, its origins are traced back to ancient times. Trends in the genesis of the legal worldview are analyzed, the statements of Socrates, the works of Democritus, Plato, Aristotle and other classics of the ancient era are cited on issues of justice and legitimacy, the need to take into account the peculiarities of the human soul.

However, such an approach to historiography is expansive, since in its implementation there is a mixture of three different in content, although to a certain extent interrelated, meanings of the term "psychology": worldly (don-scientific), philosophical and concretely scientific.

It seems more correct to analyze the prerequisites for the emergence of legal psychology to begin only a century when, on the one hand, there are real social needs to take into account the psychological factor in civil legal regulation, and on the other hand, in various sciences and in legal practice, empirical material is already beginning to accumulate, which "highlights" the role of psychological factors. phenomena in the legal field. So historical period is the Age of Enlightenment. It was then that in scientific discussions the foundations of a rationalistic approach to explaining the causes of crime were laid, and empirical psychological material was collected on the activities of the court and places of deprivation of liberty.

Overcoming theological and naturalistic views on crime is carried out in the works of French humanist philosophers D. Diderot, J.J. Russo, Sh.L. Montesquieu, M.F.A. Wolter, K. Helvetius, P. Holbach, where it was proved that law should not be the will of the rulers, but a socially conscious measure of social justice, based on the ideas of individual freedom and observance of its natural rights. At the same time, thanks to the scientific and legal developments of the Italian lawyer Cesare Beccaria (1738-1794), who laid the foundations for the rational-legal codification of crimes, and the English scientist Jeremiah Bentham (1748-1832), who created the "utilitarian theory of the causes of crime", interest in studying the factors of crime and the identity of specific types of criminals, the impact on them of the investigation, trial and punishment.

The first monographic works on legal psychology are traditionally considered to be the publications of the German scientists K. Eckartegausen "On the need for psychological knowledge in the discussion of crimes" (1792) and I.Kh. Shaumann "Thoughts on criminal psychology" (1792). However, interesting psychological ideas were contained in the works of their predecessors. So, the French lawyer Francois de Pitaval in 1734-1743. published a twenty-volume work "Amazing Criminal Cases", where he made an attempt to reveal the psychological essence of criminal acts. John Howard's monograph "The State of Prisons in England and Wales" (1777), written on the basis of a study of a significant number of places of deprivation of liberty throughout Europe (more than 300, including in Russia), not only actively advocated the ideas of improving the maintenance of prisoners and respect for their rights, but and pointed out the importance of studying and taking into account in penitentiary institutions the individual characteristics of persons serving sentences.

Among domestic scientists of the 18th century, quite fruitful views in the psychological aspect were contained in the works of I.T.

Pososhkov (1652-1726). In particular, he proved the relevance of developing a classification of criminals according to the "degree of depravity", and also substantiated psychologically effective ways interrogation of witnesses and accused. Another progressive figure in Russia of that era, V.N. Tatishchev (1686-1750) argued that laws are often violated out of ignorance, and therefore it is necessary to create conditions for their study from childhood. In the works of M.M. Shcherbaty (1733-1790) drew attention to the special importance of legislators' knowledge of the "human heart". F.V. Ushakov in his treatise "On the Right and Purpose of Punishment" (1770) attempted to reveal psychological conditions the impact of punishment and, in particular, "corrective bringing him to repentance." A.N. Radishchev (1749-1802) in his work "On the statute" substantiated measures to prevent crime, based on the psychology of the offender's personality (and, above all, his motivation).

Features of the first half of the XIX century. is the growth of publications about crime and the identity of the criminal, based on the achievements natural sciences(anatomy, biology, physiology, psychiatry, etc.). Such are the works of German scientists I. Hofbauer "Psychology in its main applications to judicial life" (1808) and I. Friedreich "Systematic Guide to Forensic Psychology" (1835), as well as publications of domestic scientists A.P. Kunitsyna, A.I. Galich, K. Elpatyevsky, G.S. Gordienko, P.D. Lodiy on the psychological justification of punishment, correction and re-education of criminals.

In the first half of the 19th century, the phrenological (from the Greek fren - mind) theory of the Austrian anatomist Franz Gall (1758-1828), who tried to prove a direct relationship between mental phenomena and external physical features of the structure of the human brain (the presence of bulges, depressions and ratios of parts of the skull). Gall's followers tried to create "phrenological maps" to identify types of criminals. Propaganda of the "phrenological idea" also took place in Russia. For example, Professor H.R. Stelzer, first at Moscow (1806-1812), and then at Yuryev (now Tartu) Universities, taught future lawyers a special course "Criminal Psychology According to F. Gall".

The apotheosis in the development of a biologizing approach to the personality of a criminal was the publication by the Italian prison psychiatrist Cesare Lombroso (1835-1909) of the monograph "Criminal Man, Studied on the Basis of Anthropology, Forensic Medicine and Prison Studies" (1876), who developed the concept of a "born criminal", believing that he is characterized by atavistic traits related to savage ancestors. According to C. Lombroso, a typical "born criminal" can be recognized by certain physiognomic features: a sloping forehead, elongated or undeveloped earlobes, prominent cheekbones, large jaws, dimples on the back of the head, etc.

Ch. Lombroso's advocacy of an objective approach to the study of the personality of criminals found active support from scientists from many countries of the world, including Russia (I.T. Orshansky, I. Gvozdev, in the early works of D.A. Dril). At the same time, due to domestic socio-cultural traditions and interdisciplinary orientation, they were immediately criticized by many lawyers (V.M. Spasovich, N.D. Sergievsky, A.F. Konii, etc.) and psychologically oriented scientists (V.M. Chizh, P.I. Kovalevsky and others).

The activation in the second half of the 19th century of psychological research into the causes of crime and the personality of the offender was significantly influenced by progress in the field of social sciences and the humanities, current demands of legal theory and practice. Judicial reforms carried out in many countries of the world (in Russia since 1864), as a result of which the principles of independence and irremovability of judges, the adversarial process and equality of the parties, the recognition of the verdict of the jury, etc., were affirmed in the judiciary, created favorable conditions for the demand for psychological knowledge. S.I. Barshev in his work "A Look at the Science of Criminal Law" (1858) wrote: "Not a single issue of criminal law can be resolved without the help of psychology, ... and if the judge does not know psychology, then this will be a trial not of living beings, but of corpses" . K.Ya. Yanevich-Yanevsky in the article "Thoughts about criminal justice from the point of view of psychology and physiology" (1862) and V.D. Spasovich in the textbook "Criminal Law" (1863) draw attention to the importance, on the one hand, of establishing legal laws taking into account the nature of man, and on the other hand, the psychological competence of lawyers.

THEM. Sechenov (1829-1905) - the leader of Russian physiologists and at the same time the founder of the objective behavioral approach in psychology as an independent science - in his work "The Doctrine of Free Will from a Practical Side" argued that "coercive measures against criminals, based on physiological and psychological knowledge of the internal laws of development individuals, should pursue the goal of their correction. In the monograph of the domestic psychiatrist A.U. Frese "Essays on Forensic Psychology" (1871) argued that the subject of this science should be "the application to legal issues of information about the normal and abnormal manifestations of mental life." In an article published in 1877 by the lawyer L.E. Vladimirova " Psychological features criminals according to the latest research "it was stated that the social causes of crime are rooted in the individual character of the criminal, and therefore thorough psychological research is required. YES. Dril, who has both medical and legal education, in a number of his publications of the 80s of the last century ("Criminal Man", 1882; " Juvenile delinquents", 1884, etc.) purposefully defended an interdisciplinary approach, arguing that law and psychology deal with the same phenomena - the laws of a person's conscious life, and therefore law, not having its own means for studying this phenomenon, should borrow them from psychology.

In the late 80s of the XIX century, one of the most theoretically deep typologies of criminals (insane, casual, professional) was developed by professor of St. Petersburg University I.Ya. Foinitsky and his followers (DA. Dril, A.F. Lazursky, S.N. Poznyshev and others).

The elucidation of the psychological patterns of the jury's activity was reflected in the publications of L.E. Vladimirova, A.F. Koni, A.M. Bobrischev-Pushkin and many other Russian scientists1.

Among the active supporters of the introduction of psychological examinations into legal proceedings were lawyers L.E. Vladimirov, S.I. Gogel, psychiatrists V.M. Bekhterev, S.S. Korsakov and V.P. Serbsky.

Speaking about the significant increase in interest in psychological knowledge in Russia after the judicial reform of 1864, it should be noted the role of the works of Russian writers N.G. Chernyshevsky, F.M. Dostoevsky, as well as the journalistic and journalistic works of A. Semiluzhsky ("The community and its life in the Russian prison", 1870), N.M. Yadrintsev ("The Russian community in prison and exile", 1872) and P.F. Yakubovich ("In the world of outcasts, notes of a former convict", 1897). The publications of these authors, who experienced the torment associated with being in places of deprivation of liberty, intensified scientific discussions about the motives for crimes, about the possibility and nature of the process of correcting prisoners.

In foreign countries, after the emergence of psychology as an independent science2, many of its theories began to be actively in demand to explain the causes of crime. Thus, guided by the ideas of Gustav Le Bon

1 For more details, see: Budilova E.A. Socio-psychological problems in Russian science. - M., 1983. - S. 54-63.

2 Historians of psychology consider the date of its emergence as an independent science 187? when the first experimental psychological laboratory was created by Wilhelm Wundt in Leipzig. In Russia, the first such laboratory was opened in 1885 in Kazan (headed by V.M. Bekhterev), and before the end of the last century they also arose in Kiev, Kharkov, Odessa, Tartu, St. Petersburg, Moscow, Lvov (P.I. Kovalevsky, I. A. Sikorsky, N. N. Lange, V. F. Chizh, S. S. Korsakov, and A. A. Tokarsky).

(1841-1931), who was the first to begin a psychological analysis of the "crowd" phenomenon and revealed the role of the "infection" mechanism, a number of scientists tried to develop them in their concepts explaining the causes of the illegal acts of the masses. Gabriel Tarde (1843-1904), in his fundamental works "Laws of Imitation" and "Philosophy of Punishment", published in Paris in 1890, proved that criminal behavior, like any other, people can learn in a real society based on the psychological mechanisms of "imitation" and "learning". Viewing criminals as a kind of "social ex-crement", Tarde argued that legal dispositions should be based rather on psychological basis than on the premise "about equal punishments for the same crimes."

The development of the socio-psychological approach to the study of the causes of crime was significantly influenced by the works of the French sociologist E. Durkheim (1858-1917). In Russia, lawyer N.M. Korkunov in "Lectures on general theory law" (1886), society was regarded as a "mental unity of people", and law was interpreted as a tool for ensuring a certain order in the event of conflicts in interpersonal relations. Social and psychological views developed in the works of such domestic scientists as SA Muromtsev, P.I. Novgorodtsev, M. M. Kovalevsky, I.D. Kavelin, N.Ya. Grot, M.N. as a mental phenomenon.

Late XIX- the beginning of the 20th century is also significant in that a number of fundamental psychological and legal works appeared. So, the Austrian scientist G. Gross in 1898 publishes the monograph "Criminal Psychology". V. Stern together with G. Gross and O. Lipman in 1903-1906. in Leipzig they publish a special journal, Reports on the Psychology of Indications. In Russia since 1904, edited by V.M. Bekhterev published "Bulletin of Psychology, Criminal Anthropology and Hypnotism".

For the late XIX - early XX centuries. the intensification of efforts to study the psychology of persons serving sentences is characteristic (in Russia - M.N. Gernet, S.K. Gogel, A.A. Zhizhilenko, N.S. Tagantsev; abroad - I.B. Goring, V. Khilee and etc.).

Given the emerging significant expansion of the range of psychological and legal problems that began to be subjected to careful scientific study, the Swiss psychologist Edouard Claparede (1873-1940) introduces in 1906 the general term legal psychology. At that time, three main areas were clearly identified in it - criminal, judicial and penitentiary psychology.

In the development and application of the legal psychology of the experimental method, a significant role belongs to the largest Russian psychologist, psychiatrist and neuropathologist V.M. Bekhterev (1857-1927). In the article "On the experimental psychological study of criminals" published by him in 1902, and also 10 years later in the book "Objective psychological method in application to the study of crime, "an integrated approach to the study of a criminal person was promoted, including taking into account genealogical heredity, the influence of education, the environment of life and the characteristics of the genesis of the psyche itself. His talented student A.F. Lazursky (1874-1917) not only developed the method of "natural

experiment", but also created a theory of personality, which, as an application, contained a fairly productive typology of the personality of criminals. A special criminological section worked in the Psychoneurological Institute created in 1908 by V.M. Bekhterev. as a whole or in its separate branches. For example, E. Claparede in Geneva since 1906 led the "Course of lectures on legal psychology", R. Sommer in Hesse read the "International Course of Forensic Psychology and Psychiatry", and YES. psychology".

The main trends in the development of foreign legal psychology in the XX century. At this time, foreign scientists began to actively introduce the methodological developments of such schools of psychology as psychoanalysis, behaviorism, psychotechnics into the practice of legal regulation. Thanks to the research of psychoanalysts F. Alexander, G. Staub, A. Adler, B. Karpman, B. Bromberg and a number of other scientists, the role of the unconscious sphere of the personality in criminal behavior was revealed, and it was also proved that criminal inclinations and stylistic features of the behavior of delinquents are often the result of early mental traumatization.

The merit of the representatives of behaviorism (behavioral psychology) is a broad study of the mechanisms of learning criminal behavior and the active introduction into the practice of penitentiary institutions of various programs of "modification of the behavior of prisoners" aimed at their resocialization.

In the 20-30s of this century, guided by the methodological guidelines formulated by the founder of psychotechnics, Hugo Münsterberg (1863-1916), his followers sought to develop and introduce into legal practice a diverse psychological toolkit, including for solving the following key tasks: to prevent violations of law; to clarify the subjective composition of crimes; on the interpretation of legal cases (on making a decision in court), on the psychological support of the work of law enforcement officers (development of professiograms, professional selection, scientific organization of labor).

In the XX century. abroad, the diagnostic tools of legal psychology and, above all, the testological approach to the study of the personality of criminals are being intensively developed. The creator of one of the first intelligence tests, Alfred Binet, used it only in the forensic psychological examination of juvenile delinquents, and later to prove the assumption that criminals have a lower level of mental development. But in the end, it was proved that the level of intelligence of criminals is not lower than that of the general population.

Among the tests of a catopsychological nature in legal practice, methods are widely used both for individual motor-physiological and mental processes, and for the study of integral personality properties (accentuations of character, delinquent abilities, personality orientation and projective tests ("ink stains" by G. Rorschach - 1921, "thematic apperceptive test "- TAT X. Morganai and G. Murray - 1935, L. Szondi's "portrait" technique - 1945, S. Rosenzweig's "drawing frustration" technique - 1945, "color choice" test

F. Luscher - 1948, etc.), as well as multi-purpose personality questionnaires (MMPI, CPI, EPI), etc. A significant achievement in the development of psychological tools is the creation of an associative experiment technique that made it possible to identify the truthfulness / falsity in the testimony of criminals. In the 70-80s, foreign scientists began to resort to computer modeling in their research. Thus, in the monograph "The Theory of Catastrophes and Its Application" published in Russia by American scientists T. Poston and S. Stewart, approaches and results of modeling group violations in prison are discussed.

To improve understanding of the essence of legal norms and psychological justification of ways to improve legal regulation in last years methods of legal hermeneutics are being developed and implemented.

In the field of introduction into the legal sphere of the achievements of psychocorrection and psychotherapy in the XX century. penitentiary institutions usually served as a kind of testing ground for the initial testing of their methods.

According to analytical reviews on legal psychology, which in 1994-1996. were made by the M. Planck Institute (Germany; Helmut Curie), currently only in countries Western Europe there are more than 3.5 thousand psychologists directly working in law enforcement agencies. In addition, there are a significant number of specialized scientific centers and academic institutions, where targeted research is being carried out on the problems of legal psychology. In addition to integrating efforts on a domestic scale (primarily through the creation of professional communities of legal psychologists: 1977 - in England, 1981 - in the USA, 1984 - in Germany, etc. .) in recent years, there has been a tendency to increase contacts and connections at the international level (conducting cross-cultural studies, international symposiums, etc.).

Development of domestic legal psychology in the Soviet and post-Soviet periods. In Russia, in the first 15 years of Soviet power, due to the social order and the creation of organizational and institutional conditions for applied research, favorable circumstances arose for the development of almost all areas (branches) of legal psychology. Through the efforts of employees of special offices that arose in the 1920s in many cities (in Saratov, Moscow, Leningrad, Voronezh, Rostov-on-Don, Samara, etc.), as well as the State Institute for the Study of Crime and Criminals, created in 1925 in Moscow only a significant increase in psychological and legal knowledge was ensured, but diverse means of studying the personality of offenders and influencing them were developed. Poznyshev "Criminal psychology: Criminal types" (1926), M.N. Gernet "In prison. Essays on prison psychology" (1927), Yu.Yu. Bekhterev "Studying the Personality of a Prisoner" (1928), A.R. Luria "Experimental Psychology in Forensic Investigation" (1928), A.E. Brusilovsky "Forensic psychological examination" (1929).

1 For more details, see: Pozdnyakov V.M. The identity of the offender and the correction of the convict (historical and psychological essay). - Domodedovo, 1998.

At the 1st Congress on the Study of Human Behavior held in 1930, legal psychology is already recognized as an applied science, the merits of scientists in the development of problems of a criminal, judicial and penitentiary orientation are noted (A.S. Tager, A.E. Brusilovsky, M.N. Gernet and others .). However, later (for more than three decades) research in the field of legal psychology in our country was discontinued for political reasons.

Research in the field of legal psychology resumed only in the 60s. The greatest activity was shown in restoring the scientific and subject status and conducting research in forensic psychology (Yu.V. Ivashkin, L.M. Korneeva, AR. Ratinov, AV. Dulov, I.K. Shakhrimanyan and others). Its teaching in law schools began in 1965-1966, its problems were discussed at sections III and IV of the Congresses of the Society of Psychologists of the USSR (1968 and 1971), as well as at the All-Union Scientific and Practical Conference "Actual Problems of Forensic Psychology" (1971) and the second conference in Tartu in 1986. In 1968, at the All-Russian Research Institute of the USSR Prosecutor's Office under the leadership of A.R. Ratinov, a psychological research sector began to work, and in 1974 at the Academy of the Ministry of Internal Affairs - the Department of Management Psychology. In 1975, the first (and for 20 years the only) dissertation council in legal psychology was created at the Academy, where more than 10 doctoral and about 50 candidate dissertations were defended.

Despite the fact that legal psychology is one of the relatively young branches of psychology, the use of psychological knowledge in order to ensure justice and other areas of law enforcement originates in ancient times. Tests of the participants in the process, sometimes of a mystical nature, but to a large extent synthesizing the empirical experience of many generations, took place already in ancient and medieval criminal trials. They were based on the application of knowledge of human psychology, its various manifestations at the time of testing. True, in both ancient and medieval trials, the main evidence was the personal confession of the suspect. This confession, as the main evidence, was obtained by any means, including the use of torture and torture; along with physical torture, moral torture was also used, which was based on generalized empirical data, everyday psychology.
In order to force a person to testify, a shock situation was specially created, an environment that provoked the expression of feelings, attitudes towards the event under investigation. For example, the suspect was unexpectedly led into a dimly lit room where the corpse of the murdered lay, and there the suspect was exhorted to tell the truth, hoping that the shocked culprit would give himself away.
The feudal medieval investigative process is being replaced by a bourgeois competitive process with its characteristic publicity and orality. Witness testimony and data on the identity of the defendant, the injured plaintiff and the defendant are of great importance. Of course, here, too, for a correct assessment of the testimony of interested parties, there is a need to attract and use psychological knowledge.
In Russia, the need to take into account the psychology of criminals in the 18th century was expressed by I. T. Pososhkov, who proposed various methods of interrogating accused and witnesses in The Book of Scarcity and Wealth. He explained how to detail the testimony of false witnesses in order to obtain extensive material for their exposure, recommended classifying criminals in order to avoid the harmful influence of the worst on the less corrupt. Prince M. M. Shcherbatov, historian and philosopher, author of “Russian History from Ancient Times”, pointed out the need for the legislator to know the “human heart” and create laws taking into account the psychology of the people. He was one of the first to raise the issue of the possibility of early release of a reformed criminal and the need to involve those held in prisons in work. VF Ushakov in his treatise "On the Law and Purpose of Punishment" revealed the psychological conditions for influencing the offender with punishment. He considered the main thing to bring the criminal to repentance. The spread of the idea of ​​correction and re-education of the criminal led to the appeal of law to psychology for the scientific substantiation of these problems, which were worked on in Russia at the beginning of the 19th century by P. D. Lodiy, V. K. Elpatyevsky, G. S. Gordienko, H. R. Stelzer and other scientists. However, general psychology, which at that time was speculative in nature, could not at that time, even in alliance with criminal law, develop sufficiently scientific criteria and methods for studying the human personality.
A significant number of works devoted to legal psychology appeared in Russia during the legal reform of the last third of the 19th century. These are the works of I. S. Barshev “A look at the science of criminal law”, K. Ya. Yanevich-Yanovsky “Thoughts about criminal justice from the point of view of psychology and physiology”, A. Frese “Essay on forensic psychology”, L. E. Vladimirova "Mental characteristics of criminals according to the latest research" and some others. In these works, the ideas of a purely pragmatic study of psychological knowledge in the specific activities of judicial and investigative bodies were expressed.
The end of the 19th and the beginning of the 20th centuries in Russia are associated with the intensive development of psychology and psychiatry and a number of legal disciplines. Many scientists representing these sciences at that time occupied progressive positions (I. M. Sechenov, V. D. Spasovy, D. A. Dril, L. E. Vladimirov, I. Ya. Foinitsky, V. M. Bekhterev, S. S. Korsakov, V. P. Serbsky, A. F. Koni and others). As a result of the active development of the problems of psychology, psychiatry and law, it became necessary to formalize legal psychology as an independent scientific discipline. P. I. Kovalevsky in 1899 raised the question of the separation of psychopathology and legal psychology and the introduction of these sciences into the course of legal education.
At the beginning of the 20th century, in theory and in practice, experimental studies in legal psychology. A significant number of works of this period are devoted to the actual problem of the psychology of testimonies. These are the works of I. N. Khomyakov, G. R. Portugalov, O. V. Goldovsky, E. M. Kulisher and others. (I. Petrazhitsky, S. P. Poznyshev, G. S. Feldshtein, M. N. Gernet and others).
The resolution of methodological problems in legal psychology continued after the establishment of Soviet power. The problem of applying psychological knowledge in inquiry, preliminary investigation and trial was studied. In evidentiary law new system justice expertise, including psychological, has taken a leading place. Intensive research at that time was carried out by the psychologist A. R. Luria. He studied the possibilities of using the methods of experimental psychology to investigate crimes.
In Russia, in the first fifteen years of Soviet power, due to the social order and the creation of organizational and institutional conditions for applied research, favorable circumstances arose for the development of almost all areas (branches) of legal psychology. In 1925, the State Institute for the Study of Crime and the Criminal was established in Moscow, which contributed to the growth of psychological and legal knowledge. Diverse means of studying the personality of offenders and influencing them have been developed. Among the most significant works of that period, it should be noted the works of K. Sotonin “Essays on Criminal Psychology” (1925), S. V. Poznyshev “Criminal Psychology: Criminal Types” (1926), M. N. Gernet “In Prison. Essays on prison psychology "(1927), Yu. Yu. Bekhterev "Study of the personality of a prisoner" (1928), A. R. Luria "Experimental psychology in a forensic investigation" (1928), A. E. Brusilovsky "Forensic psychological examination" ( 1929). At the 1st Congress for the Study of Man, held in 1930, legal psychology is already becoming a generally recognized applied science and the merits of scientists in the development of problems of a criminal, judicial and penitentiary orientation are noted.
The resumption of research in the field of legal psychology occurred only in the 60s. Applied psychological research was launched to meet the goals of law enforcement, law enforcement and preventive activities.
The studies of domestic specialists in the field of legal psychology over the past 30 years have a wide range. These are not only the problems of using forensic psychological expertise, the psychology of inquiry and investigation, the psychological problems of offenses, but also questions of the psychology of the personality of the offender, the psychology of legal proceedings, lawful behavior, etc. At that time, a modern school of domestic legal psychology was formed, which is worthily represented by such names of lawyers and psychologists, such as A. R. Ratinov, V. F. Pirozhkov, A. D. Glotochkin, A. G. Kovalev, A. M. Stolyarenko, V. A. Bakeev, V. L. Vasiliev, A. V. Dulov, K. I. Shikhrimanyan, M. I. Enikeev, G. G. Shikhantsov, F. V. Glazyrin, M. M. Kochenov, V. G. Deev, A. I. Ushatikov, A. N. Sukhov, A. I. Papkin, V. V. Romanov, I. A. Kudryavtsev, O. A. Sitkovskaya.
In foreign jurisprudence, the first monographic works on legal psychology are traditionally considered to be the publications of German scientists - K. Eckartegausen "On the need for psychological knowledge in the discussion of crimes" (1792) and I. Kh. Schaumann "Thoughts on criminal psychology" (1792).
In general, in the XVIII century in the world legal science, Firstly, the philosophical and rationalistic interpretation of the causes of delinquent acts prevailed (and mainly in the context of the idea of ​​"free will"), secondly, the importance of a humanistically expedient definition and execution of punishment (i.e. penitentiary institutions of educational facilities) thirdly, the first empirical studies of the personality of various types of criminals were carried out (primarily using the biographical method and observation).
As part of the orientation towards the achievement and methods of the natural sciences, in the first half of the 19th century, the phrenological (from the Greek “fren” - mind) theory of the Austrian anatomist F. Gal gained great popularity. This scientist tried to prove a direct relationship between mental phenomena (mental, moral and other qualities) and the external physical features of the structure of the human brain.
The futility of the anatomical-phrenological approach was proved already by the middle of the last century, and, above all, thanks to the convincing experiments of the French physiologist Pierre Flourance, who established that the brain is an integral organ-substrate of the main mental functions. However, attempts to identify an unambiguous relationship between the external signs of a person and his mental properties, which can lead to crimes, did not stop in the future.
The Italian prison psychiatrist C. Lombroso in his published monograph "Criminal Man, Studied on the Basis of Anthropology, Forensic Medicine and Prison Studies" (1876) cited data from anthropological measurements and analysis of the appearance of prisoners. On the basis of the latter, it was concluded that "typical criminals" are not normal people, but due to their anatomical, physiological and mental abnormalities, they constitute a special kind of human race - "born criminals" who have atavistic features that make them related to their savage ancestors. According to C. Lombroso, a typical “born criminal” can be recognized by certain physiognomic features: a sloping forehead, elongated or undeveloped earlobes, prominent cheekbones, large jaws, dimples on the back of the head, etc. According to C. Lombroso, it turned out that one third of the prisoners are “born” criminals, another third is a borderline psychiatric species and, finally, the last third are random offenders who, at times, may not commit further crimes.
In foreign countries at the end of the 19th century, after the emergence of psychology as an independent science, many of its general scientific developments began to be actively in demand, primarily to explain the causes of crime.
The end of the 19th - beginning of the 20th centuries is also significant in that a number of fundamental psychological and legal works appeared. So, in 1898, the German scientist Hans Gross published the monograph "Criminal Psychology". In it, this author introduces lawyers to the achievements of psychology to improve investigative and forensic activities.
At the turn of the century, in the works of German psychologists W. Stern, K. Marbe, M. Wertheimer, the issues of truthfulness/falsehood of testimonies, manifestations of objective and subjective factors in court began to be carefully studied. The prominent French psychologist A. Binet, publishing the book "Suggestibility", devotes a whole chapter to the consideration of the influence of suggestion on the testimony of witnesses.
A significant achievement in the development of psychological tools is the creation of an associative experiment technique that made it possible to identify the truthfulness / falsity in the testimony of criminals (Carl Gustav Jung, K. Marbe, V. Stern, M. Wertgeiner).
In the 20-30s of our century, foreign scientists began to actively introduce the methodological developments of such schools of psychology as psychoanalysis, behaviorism, and psychotechnics into the practice of legal regulation. So, thanks to the research of psychoanalysts F. Alexander, G. Staub, A. Adler, B. Karpmen, B. Bromberg and a number of other scientists, the role of the unconscious sphere of the personality in criminal behavior was revealed, and it was also proved that criminal inclinations and stylistic features of the behavior of delinquents are often the result of early mental trauma, inadequate mechanisms of psychological defense and lifestyle, defects in such personality substructures as the "Super-Ego" (super-I) and "Ego" (I).
In the 20-30s of this century, the peak of activity was also observed in the psychotechnical support of legal regulation. Guided by the methodological guidelines formulated by the founder of psychotechnics G. Munsterberg, his followers sought to develop psychological tools for solving the following key tasks: first, to prevent violations of the law; secondly, to clarify the composition of crimes; thirdly, on the interpretation of legal cases (decision and enforcement of punishment); fourthly, on the psychological support of the work of law enforcement officers (development of professiograms, professional selection, scientific organization of labor). Both among foreign and domestic scientists in psychotechnical developments, priority was given to the study of the features, primarily investigative and judicial activities (A. Helwig, K. I. Sotonin, and others).
In foreign countries in the 30-70s, both theoretical developments and versatile approaches to creating tools for psychodiagnostics, psychocorrection and psychotherapy received further multifaceted development. A significant number of psychological theories were proposed during this period to explain the causes of crime and the identity of criminals. In foreign review publications on legal psychology, the following approaches are distinguished as key ones:
- biopsychological theories;
- psychoanalytic theories;
- theories of personality traits;
- theories of emotional problems;
- theories of classical, operant and socio-cognitive learning;
- theories of mental disorders;
- theories of informational social control;
- theories of sociopathic personality;
- theories of self-concept and attribution;
- theories of mental models.
Taking into account the psychological complexity of the personality phenomenon, later some authors made attempts to integrate diverse ideas from the above approaches. Thus, H. Yu. Eisenck (1977), J. Wilson and R. Herrstein (1985) made efforts to combine ideas from theories of learning and theories of personality traits, and T. Hirschi (1969), D. Elliot, A. Olin and J. Wilson (1985) - ideas from theories of emotional problems and informational social control. IN recent decades abroad, research is also intensifying in areas such as integrated science victimology (studying crimes from the standpoint of the relationship and personality of the victim), as revealing the role of the phenomenon of "stigmatization", i.e. "peculiar public stigmatization" on the development of criminals (according to E. the way of life of criminals, the genesis of their specific subcultures), as an analysis of the effectiveness of various correctional programs (according to Clark, through the study of the influence of psychotechnologies of resocializing and rehabilitation effects on reducing relapse).
Currently, only in the countries of Western Europe there are more than 3.5 thousand psychologists directly working in law enforcement agencies. In addition, there is a significant number of specialized scientific centers and academic institutes, where purposeful research is carried out on the problems of legal psychology.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

After " second Russian revolution» a new stage of development has begun: laboratories and research centers have begun to revive, departments have been opened, and books have been published. They began to introduce full-time jobs for psychologists in district police stations, pre-trial detention centers, and places of serving sentences. Forensic psychological examination has acquired a new status.

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