Faculty of security
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10 and not the other, and implemented on criminal behavior, what is the difference between persons who commit crime and those who do not? Beginning from Lambroso‟s and Goring‟s anthropometric research who in 1913 made a hypothesis that the criminally oriented people have lower intellectual capacity, through psychoanalysis as the first psychological theory that explained the criminal behavior, continuing with Ayzenk who developed one of today‟s most influential theories about psychological research of the criminality, and reaching the five-factor theory of the personality drafted in 1997, the personality becomes one of the most explicated constructs of the criminal behavior. In psychology, especially during the past two decades the number of empiric findings which connect the structure of the personality and the criminality is growing. Further, we are going to try to delineate the ways in which psychology deals with the criminal behavior. 2. FORENSIC PSYCHOLOGY Forensic psychology is a clinical psychology 3 with a special task, to give the court (the forum) an evaluation of the individual‟s personality in relation to his criminal acting or other legal actions and thus providing a proof that would lead to legal resolutions. The psychological evaluation, in the domain of the forensic psychology, is carried out in legal proceedings and is called expert evidence, and the product of the expert evidence is a written report called expertise. Generally, the court asks for psychological expert evidence in cases of homicide and sexual crimes because it is thought that the motivation for certain offences, especially homicide and sexual abuse is mainly psychological, or even psychopathological. The psychological expert evidence is most often demanded for an evaluation of mental disease, evaluation of the defendant‟s danger and the ways of protection against him, what measures should be taken in order to change him, whether it is more rational to punish him or give him a medical treatment, and finally, to give a suggestion for further treatment. The specificity of the psychologist-forensicist is the communication with the court from which, as a final product, a public, psychological evaluation comes out which is available for discussion and which must be well-argued in court, where the truth is needed and the verdict is reached not outside the professional fields. The psychologist – expert witness must always be prepared, and before the court sets forth their finding. The evaluation can refer to the “total” personality or to some certain aspect of it. In the expert evidence of the eligibility for calculation, an expert witness – psychologist together with the rest of the team 4 state the capability of the respondent to comprehend the meaning of his actions and to be in control of his actions at the time the crime was committed, as well as a possible need for a security measure or psychiatric or psychological treatment of the perpetrator or, when a juvenile delinquent is in question, which educational measure should be taken. Subject of the evaluation can be the presence of any character trait: suggestion, different deviations (sexual deviations, pathological lying), possible psycho – pathological manifestations, capabilities in widest sense (intellectual, for testimony) but, before all, the expert witness is asked to explain the certain behavior of the individual – especially if he committed the crime in a bizarre way. The expert witness can be asked to determine the motive for the criminal deed. Prognosis of someone‟s behavior and suggestion for the most useful treatment the psychologist gives in cases of juvenile delinquency as well, together with the other experts from the Social Work center (with a social worker, pedagogue and a legal counselor). Apart from the psychiatrist, it is also asked for the prognosis for the derangement of persons on whom a measure for an obliged stay and treatment in a psychiatric institution was imposed. The psychological expertise contains a finding and forensic interpretation. The forensic interpretation is integration of the data received during an investigation, mainly oriented towards the delinquently behavior of the respondent. In a wider sense, it should explain the behavior of the respondent in the past and in the future. The interpretation is always in the function of understanding and explaining the respondent and the concrete case. It is normally based on some personality theory and so it is essential to be familiar with more personality theories because every case cannot be explained with one theory. The psychological expertise is handed to the court in a form of a written report in which first the requirement of the court is listed and then a list of performed tasks. The finding contains the following: 3 The clinical psychology is a branch of the psychology that deals with people with psychological difficulties, disorder, or mentally ill people and they use clinical methods in their work 4 Most often psychiatrist and a social worker 11 Studying the data from the court proceedings from which criminal and other legal acts are reconstructed; Psycho - diagnostic research 5 of the given respondent; Observation of the respondent‟s behavior in a hospital environment (if he was in a hospital); After that, the finding and interpretation comes. If a task was given, in the end a conclusion is made in which everything that was said before is contained in one direct and simple response. Components of the psychological finding are: 1. Basic data about the respondent and tasks for the research; 2. Current status of the respondent Bio-somatic characteristics (looks, information for the illness, heredity); Manifested characteristics of the person (based on behavior during the test and data received from the others); Interpersonal behavior (information on the marriage, employment, social communication etc.); 3. Intellectual functioning IQ and level of certain intellectual functions; Way of thinking and solving problems; Intellectual efficiency 4. Structure and dynamics of the person Traits and tendencies Affective status Evaluation of emotional and social maturity Conscious and unconscious motivation, especially in relation to the crime Ego functions (defense mechanism, strength of the ego, attitude towards oneself and attitude towards reality) Dominant conflicts Moral principles and systems of value Evaluation of the presence of psychopathological aspects and their analysis in relation to the forensic meaning Description and interpretation of the role of the developmental conditions 5. Diagnostic classification and recommendations Interpretation of the person in general Diagnostic classification (if needed) Responses to specific questions Evaluation of future behavior How can a finding that states test results turn into a report that would contain judgment on the person and recommendations? It should be constructed in the way that contains responses to the following questions: What is the issue (the respondent, the court)? What is the origin and the consequences of the issue? Which are the specificities of the respondent? What is the prognosis? What is recommended? In the study of the personality the family-genetic concept is dominant, which is based on the study of biography with which the development of the person is observed in the continuity of the life cycle. That 5 Psycho-diagnosis is a branch of the clinical psychology that deals with practical and methodical questions of diagnosis and psychological evaluation. It describes the work of the clinical psychologist who gives diagnosis by using psychological instruments. An Important characteristic of the psycho-diagnosis is that it links the two traditions: one test which actually represents a mix of the statistic and experimental method, and another one that represents medical or clinical finding. At that encounter, both approaches go through partial transformation and the product is called psycho-diagnosis. Yüklə 5,05 Kb. Dostları ilə paylaş:
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