Analyzing the role of the forensic psychologist in criminal investigation and prosecution
Analyzing the role of the forensic psychologist in criminal investigation and prosecution
It should be noted that psychology has not had a clearly defined space in the judicial field. On the one hand, while the law demands tangible and verifiable data, psychology, answers from knowledge conjectural. Oracle named as legatees, seduces us with a place on condition that reveal the hidden, denied the truths we inquire, we are decoders that which appears as enigmatic to the right. "The psychologist is therefore an employee" handyman "who knows everything, very cooperative, but unscientific and therefore, with very little chance of being considered a serious professional and capable. The need to be active in psicolegal stage we do what we ask (Hollin, 1989, p. iii).
For this reason, the legal psychologist must tend increasingly to scientific training enables him to be an expert in different fields of action such as victimology, criminology, forensic exercise, psychology, prison, police psychology, psychology of the child, family, testimony, jurors, etc.., and a less explored in our society, from the forensic point-of-view, the conduct of criminal profiling, psychological autopsy, examination, analysis of evidence, all this aimed at supporting the criminal investigation through the lifting of fingerprints or psychological evidence. This notion places the legal psychologist in a new field that enables the reconstruction work in crminodinamica of the facts. The psychological scars found on the scene let you set any assumptions about the etiology of death and the alleged perpetrators in cases of homicide. Criminodinamica reconstruction would be a retrospective analysis and decoding of signs through physical elements found at the scene, so, the legal psychologist's presence in the scene is validated from the psychological scars that are both murderer and victim. Our intention is aimed at uncovering a possible role of the legal psychologist actively support the criminal investigation through the search and collection of psychological evidence in homicide cases (McGuire, 2004, p. iii).
Limitation being the code referring to the bodies that perform functions of judicial police does not negate the presence of a psychologist at the scene if he possesses judicial police functions. Although this is that psychologists who have judicial police functions and that are linked to state institutions do not perform activities related to the rise of "psychological scars" but their work is limited to conduct crisis intervention for possible victims or witnesses to behaviors punishable.
Enabling interdisciplinary exercise that includes the legal psychologist in the team as a support in the criminal investigation, would give us the opportunity to relieve the investigative work and lower the high levels of impunity over the stalled investigation by not knowing the attacker. If it is possible to support disciplinary research work which has been the impediment to developing such interdisciplinary exercise, What is the role of legal psychologist assists the scene?, What is the role of psychological evidence criminal investigation?, what is the profile of legal psychologist is part of the criminal investigation team in cases of murder?
Clement says that while psychologists have shown a continued interest and have achieved certain jobs since the stubborn insistence, the field of law has been little interest in psychology. At best, it just has to psychologists, as so many professionals as mere technical consultants. The right often thought to be self-sufficient, no need to create common or related fields or, regulates social relations without having to study or to individuals or to society (Anderson, Dyson & Brooks, 2002).
In pursuit of this role possible within the law and within the same legal psychology, the question arises about the management of psychological evidence from two perspectives: as a source of research activity and as a material / psychological evidence in the trial.
Examination shall be appointed in those cases when the initial inquiry, preliminary investigation and trial of criminal cases there is a need for specific studies with the use of special knowledge in science, technology, arts or crafts. As an expert may be caused by any person having the necessary knowledge to give an opinion (Winkel, Denkers & Vrij, 1994, p. 145)
Psychological knowledge - is knowledge in the field of psychology, therefore, in this case it is of special knowledge in science. Professional knowledge of the theory and methodology of psychology, practical skills and knowledge of psychological research has only psychologist who has a higher psychological education and working in their field. But this does not mean that any graduate high school, received a degree in "Psychology" has sufficient training to conduct forensic examination. In psychology, a lot of majors, so that psychologists do not have additional training in forensic psychology is and, respectively, with no experience of the expert work cannot be attributed to persons with the necessary psychological knowledge to give an expert opinion, and we cannot entrust them with the production of forensic .
This is very important for prescribers examination, since nowhere in the law does not specify who is a professionally competent for the production of forensic examination, including a psychologist conducted. If, in respect of psychologists who are members of the specialized expertise of institutions such doubt should arise, then the appointment of experts, other experts in the field of psychology (university professors, members of academic institutions and other agencies) the availability of their special psychological knowledge must be addressed individually . Ability to attract them to produce their particular expertise solved the person making the inquiry, the investigator, prosecutor or the court, taking into account education, specialization, a psychologist, his work experience, additional training in forensic psychology, the experience of expert activity, the availability of academic degree, etc. (Chancer & Donovan, 1994).
The main procedural form of special psychological knowledge is a forensic psychological examination, and complex types with her legal expertise.
In addition, the investigator may involve a person having special psychological knowledge, not as an expert, but as a specialist. The specialist may be called for and participation in the trial. The basic criminal procedural duties of the expert - is to participate in investigative actions by using their special professional knowledge and skills to assist the investigator in locating, securing and seizure of evidence, drawing attention of the investigator at the circumstances surrounding the discovery, fixing and removal of evidence, giving explanations on carried over his actions
In forensic practice, there are other forms of special psychological knowledge - first and foremost resource consulting activities knowledgeable person. This is a non-procedural, not adjustable criminal procedural law activities psychologist acting as well-informed person. It is to inform the investigator or the court about the possibility of the existence of certain phenomena, in terms of the current level of development of the theory of psychology and the psychology of the accumulated empirical evidence. Advisory note psychologist at the request of the investigator or the court shall be in writing and filed a criminal case. Consulting expert in the psychology of people, made them reference data can be taken into account when making the various procedural decisions.
If you must use special psychological knowledge of the investigators in each case must clearly decide what form this should be done. Failure to do so can lead to significant forensic investigative errors (Chancer & Donovan, 1994)
For example, the investigator, considering the criminal case against a doctor of a number of K. serious crimes for sexual reasons, including murder, has appointed a forensic psychological evaluation, as K. came from a prosperous and respected family, characterized by exceptionally positive, married, had two young children, and his prosecution of serious crimes has caused serious doubts surrounding. The experts were not allowed to ask questions K. pertaining to the subject of the charges and did not show the criminal case. In its opinion, the expert noted that the test "is the severity of criminal tendencies. The crimes committed by these people, senseless brutality, not planned, often make wild, unusually severe forms of sexual assault and murder ... The analysis of the psychological profile outlines the type of antisocial, amoral psychopath ." This conclusion was used by the investigator to prove the guilt of the alleged AK he acts. The experts-psychiatrists diagnosed with psychopathy K. complex sexual perversion. He was found sane and sentenced to capital punishment.
With regard to this "expert" should be noted. The use of psychological knowledge in the form of forensic suggests that the conclusion will be formulated on the circumstances, among which there is a unique relationship, and that set it, and with certainty, allows the current level of scientific knowledge. In this case it comes to determining the unique relationship between psychological characteristics and personality of the subject committed to them actions. Modern psychological science cannot answer the question, whether made subject, which is characterized by certain psychological qualities, action or not. Moreover, one of the key provisions of the science of psychology is the statement of the lack of unique correspondence personality characteristics of the subject of his actions and utterances. This…
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