Forensic Psychological Examination Research Articles

Возможности использования интеллектуальных систем машинного зрения в судебной психологической экспертизе

The objective of this study is to develop and experimentally verify the expert method of non-contact psychological and physiological diagnostics of emotional and mental state of a person by measuring complex patterns of facial micro-movements beyond the conscious control
 of the person through the use of special software, as well as to determine the opportunities and limitations of using this method in forensic psychological examinations. The authors substantiate the prospects of unbiased methods for assessing a person’s emotional and mental state by measuring behavioural patterns using modern digital technologies. The paper identifies the key factors that determine the effectiveness of forensic psychological examination methods.
 The results of the study revealed both general regularities to distinguish patterns and their individual characteristics. However, there were no consistently repeated facial patterns that would allow differentiating the initial stimuli of emotional reactions. It was established that the essential factor subject to the evaluation through the analysis of facial expressions is the level of cognitive load, representing the weight of the situation for a certain person. By applying machine-learning method, the authors developed a technology of the binary classification of questions according to the degree of their subjective cognitive complexity based on the facial micro-­movements when a person answers the interview questions.
 The predictive model served as the basis for the development of a pilot version of the expert study method to assess the subjective cognitive complexity of the interview questions. The paper provides minimum technical requirements of “Systems of Psychological and Physiolo­gical Studies” software for the analysis of video footage in forensic psychological examination, including standardized requirements for recording an examined person’s facial expressions during the interview. The authors also developed the sequence of the expert’s actions. The paper includes the legal rationale for a new expert study method to be implemented.

Features of forensic psychological examination in the investigation of criminal cases of crimes committed by minors

Features of forensic psychological examination in the investigation of criminal cases of crimes committed by minors

The System of Concepts As a Metalanguage of Forensic Science

Concepts are an integral part of a forensic activity forming a specific terminological system, determining forensic science’s metalanguage, distinguishing it from the related legal sciences: criminalistics and procedural law. The article aims to review the conceptual system of forensic science. The authors point out the heterogeneity of its terminological and conceptual systems, which results from the synthetic nature of this science. Based on the existing classifications of concepts and terms of the general theory of forensic science, a new classification is proposed, including not only traditionally recognized terms such as general and specific scientific, legal notions and special concepts of forensic expertology language, but also the so-called expert concepts: interdisciplinary, intermediate notions, obtained as a result of the transformation of basic sciences’s data. Interdisciplinary notions form the theoretical and conceptual framework for some kinds of forensic examinations, first of all, complex forensic psychological and psychiatric and forensic psychological examinations, which traditionally refer to them as ‘’expert’’. When used in quotation marks, the word ‘’expert’’ indicates the terms’ conditional character, indicating the scope of application and functioning of the concepts, contrasting them to the legal concepts of the same name and basic sciences’ categories.

Current Capacities of Forensic Psychological and Comprehensive Analysis When Examining Footage of Procedural and Non-Procedural Actions

The article addresses some typical situations arising in the course of a forensic psychological examination of footage when it is necessary to establish the following factual data: signs of the credibility of the information reported, spontaneity and preparedness of an interrogated person’s speech, external influence on the given testimony, the emotional state of the interrogated person and his/her psychological characteristics. The author analyses the situations that arise when examining the footage showing informal communication. The article also determines the range of tasks to solve which, the expert needs various specialized knowledge, primarily in the fields of forensic psychology and linguistics. Expert tasks occurring in forensic analysis of the footage of procedural and non-procedural actions depend on the case’s category, significance and procedural status of the footage in the evidentiary framework on the case, and some other factors. The author pays particular attention to the scope of expert competence for different specialties, including on the issues that cannot be solved by expert means at the current stage of scientific development.

PSYCHOLOGICAL ASPECTS OF LIE DETECTION IN STUDIES USING A POLYGRAPH

The article analyses the psychological category of lies in the perspective of polygraph examinations, which are now popular and in demand. It is emphasized that polygraph examinations are the only tool for establishing the truth, which is built taking into account the patterns of neural connections in the human brain and involves comprehensive consideration of psychophysiological changes in an individual’s body. Testing with a lie detector is a unique instrumental technique, a complex process of special equipment depending on a polygraph examiner’s professionalism in order to establish the truth, because a polygraph is a device that detects lies, i.e. special hardware for special verification of truthfulness. In our country the use of the polygraph is indirectly regulated at the legislative level, in particular, examinations of people in general are allowed, but polygraph testing is not specified. There is still no special law determining an algorithm for polygraph using. The current regulations governing the procedure for polygraph inspections are departmental and relate to staffing. The activity of polygraph examiners in Ukraine is widespread, but in the format of services provided by public organizations. The essential content of lie detection, which is understood as a set of techniques that help determine the reliability and veracity of information, is analyzed. Because a lie means deliberate distortion of information and polygraph examinations are a type of research activity aimed at truth establishing, the concepts, functions, forms and types of lies are described. During a polygraph investigation, a lie means transmission of information that is completely or partially untrue; it means distortion (cognitive changes), untruth, insincerity (pretending), deception aimed at truth concealing or misleading. Given that the most common reasons for using a lie detector are a competition or examination of candidates for a vacant position, official investigations, forensic psychological examination or personal initiatives, the examined people mostly tries to convince, prove something, justify, etc., so the function of lies to protect interests, often their own. There are two forms of lies: silence and distortion. By default, the information is hidden, but not distorted; in the case of distortion, it is not only hidden, but also supplemented or replaced and pretended to be true. Common types of lies in polygraph research are: mystification, substitution of concepts, self-deception, lying for good, misleading, exaggeration / belittling, slander. Levels of lie recognition (psychophysiological, verbal, nonverbal) and approaches to its detection (emotional, volitional, cognitive) are determined. Emphasis is placed on the psychological aspects of lie detection when using a polygraph. Attention is paid to topical issues of lie detection with a polygraph.

Psychodiagnostic evaluation of parental position in settlement of legal disputes on child upbringing in the course of forensic psychological examination

This article explores the crucial points associated with the objective assessment of parental position in the process of forensic psychological examination. The subject of this research is the specificity of parental position in the situation of forensic psychological expert study. The object is the parents in the situation of forensic psychological examination. The author describes the main capabilities of psychological diagnostics of parental position in the expert practice. The article analyzes the data acquired from psychometric surveys carried out among 46 parents/custodians involved in forensic psychological examination on civil cases related to disputes over child upbringing. The study employs the psychometric surveys for evaluation of child-parent relations (“The Analysis of Family Relationship” and “Child-Parent Interaction”). Based on the array of expert material, the author carries out statistical analysis of the data acquired via tested psychometric methods aimed at the assessment of parental position. The obtained correlation between the scales of psychometric surveys, the author highlights the most significant diagnostic criteria give an integral estimate of parental position. The novelty of this work consists in determination of diagnostic parameters that verify the key criteria of parental position in the course of forensic psychological examination: adequacy, predictivity, flexibility. The acquired materials contribute to objectification of conclusions of the psychologist in complicated expert situations on settling the issues related to child upbringing.

Diagnostics of an anomalous personality

It is necessary for a clinical psychologist to determine adequately whether a person is structurally normal or abnormal. Such a diagnosis prejudges work with the person either in the penal system or in the health care one. Several hundred professional tests are successfully used in professional psychology and clinical medicine. It should be noted that most of them have been developed in clinical medicine and foreign psychiatric clinics. The article analyzes in detail the projective tests as a clinical method of psychodiagnostics. Rorschach test, Shondi test, M. Luscher color test, TAT method, and others are the most popular among the specialists. Their distinctive feature from questionnaires is that the obtained result processing is not quantitative, but qualitative. Patient diagnosis depends on the experience and value orientations of a clinical psychologist and psychiatrist. Scientific schools and the culture of various countries play a significant role in this. Although there are certain international criteria for the diagnosis of personality. They are based on DSM–IV diagnostic table. Its indicators are more intended for a psychiatrist and psychotherapist. The authors raise a very unequivocal problem of using personal questionnaires from a legal point of view. Foreign studies reveal the impact of clinicians on the criminal law system, as well as the impact of legislation on the psychiatric clinics system. In the late XX century, a complex forensic psychological and psychiatric examination (CSTI) appeared at the junction of the expert application of psychiatry and psychology. It is important to note that the objects of its research are persons with borderline neuropsychiatric disorders and character anomalies. A key aspect in the activities of professional psychologists and psychiatrists is studying the validity in diagnosis using a case of the «Picture of a Man»(RFC) test. The results of foreign studies have shown that the decisions that clinical psychologists make about their patients are nothing more than a projection of their preconceived opinions. Thus, when making a fateful decision for each individual person, in no case should one make mistakes.

Psychological examination of parent-childrelations with the use of digital tools in law practice

The article is devoted to the lawyers’ practice of using the conclusions of the psychological examination in cases of child-parent relationship. The author believes that a forensic psychological examination that resolves questions about the psychological characteristics of family members, their relationships, attachments, can provide significant assistance in civil proceedings. In the context of digitalization, many tools appear that allow to accelerate the conduct of the expert survey and to make more transparent. Online communication services are such a tool. Video recording of the psychological examination procedure fully complies with the principle of verifiability, and will allow to evaluate the expert opinion, make sure that the law on expert activity has not been violated, whether the methodological recommendations have been followed, and whether the expert conclusions are sufficiently justified. An example of remote conduct of an expert psychological research on the case of determining the mode of communication with the child is given. The lawyer, which was representing the father, used this conclusion to confirm the legal position in court. The court attached this conclusion to the case file, and the father’s claim was largely satisfied.

Разработка вероятного психологического портрета пользователя социальной сети

We present an overview of the current state of the issue of developing a psychological profile of a social network user, including methodological and applied aspects. The deviant behavior issue among students on the Internet and its prevention in the educational environment is relevant. The author's psychological technology to build a probable psychological profile of a social network user is presented. According to the method of analyzing the content of the user's Internet page, the method of profiling corresponds to the method of analyzing documents, which is used, in particular, in the complex forensic psychological and linguistic examination of documents with extremist content. It is recommended to take into account the main theme and title of the text; the concepts used in the text; the modality of the emotional evaluation of the object to which the narrative is dedicated; the formation of a certain attitude of the audience towards this object. The development and construction of a probable psychological profile of a social network user are based on systemic, activity-based, subjective approaches, the main provisions of general, social, pedagogical, age and legal psychology, imagology, the basics of forensic psychological examination and methods: analysis of documents with elements of content analysis, psychological reconstruction and drawing up a psychological profile. Using this technology to prevent social deviations, criminal behavior, to develop methodological recommendations for teachers and psychologists on psychological and pedagogical support for children and adolescents with identified social deviations is possible.

Current opportunities of forensic-psychological expertise in solving the question of will

This article examines the main problems associated with forensic psychological examination in the Republic of Uzbekistan in civil proceedings. The psychological and legal mechanisms of the concept of transaction ability are revealed, taking into account both the circumstances of the case and mental states caused by the individual psychological characteristics of the research subject.

Ценности, самоидентификация и личностная мотивация обвиняемых в совершении особо тяжких преступлений

The article presents the results of examination of personality specifics in the individuals charged with particularly serious crimes. The sample consisted of 59 men aged 18-60, the average age was 33.7 years. At the same time, 54 men with socially normative behavior and with no criminal record served as a comparison group. We used the following: "Value Spectrum" technique by D.A. Leontyev, "Who am I?" test by M.Kuhn & T. McPartland (adapted by T.V.Rumyantseva), Motivational Induction method by Joseph R. Nuttin. It has been established that in persons who were under investigation on charges of particularly serious crimes the personality values have been appropriated at the nominal level and don't serve as effective control of their behavior or activities. This category of persons are distinguished by the following: a narrowed down time perspective of one year, problem and nonadaptive self-identity, less prominent (as compared to the norm group) moral and educational needs and the need for creativity. Persons charged with particularly serious crimes have psychological self-protection and autonomy as their prevalent motivations. The results of the research can be used by experts in their investigative actions with regard to persons under discussion both at the stage of pre-trial investigation and during judicial proceedings, as well as be taken into account at forensic psychological examinations.

The method of studying the interaction of a parent with a child in a comprehensive forensic psychological and psychiatric examination of family disputes between parents about the upbringing of a child

The method of studying the interaction of a parent with a child in a comprehensive forensic psychological and psychiatric examination of family disputes between parents about the upbringing of a child

Способность гражданина к совершению сделки: критерии судебно-психологических экспертных оценок

A psychological examination of 88 men and 42 women aged between 26 and 88 (116 of them had mental disorders, and 14 were mentally healthy) has been carried out while they were undergoing the complex forensic psychological and psychiatric examination for purposes of assessment a person's deal-making ability at the time of the transaction and diminished capacity. In respect of 46 persons, forensic experts took the decision that the persons ‘were unable to understand the meaning of their actions, regulate and control them at the time of the transaction’; 48 persons were found to be ‘able to understand the meaning of their actions, regulate and control them at the time of the transaction’; and 26 persons were found to be ‘able to understand the meaning of their actions, regulate and control them only if assisted by others’. In respect of 10 persons, the questions posed to forensic experts failed to be definitively resolved. 57 indicators, reflecting the disturbances of cognitive processes, individual psychological peculiarities, and data on socialization had been diagnosed for each of the examinees. Factor analysis made it possible to identify the pathopsychological symptom complexes that are relatively specific for persons who either have or lack the deal-making ability at the time of the transaction (Article 177 of the Civil Code of the Russian Federation), as well as for persons with diminished capacity due to mental disorder (Para. 2 of Article 30 of the Civil Code of the Russian Federation).

Психотравмирующая ситуация как признак состава преступления по ст. 106 УК РФ (Убийство матерью новорожденного ребенка)

The study is aimed at finding general grounds of criminal responsibility for neonaticide (murder by a mother of her own newborn child). The formal crime signs listed in article 106 of CCRF have been analysed. The theoretical analysis is supplemented with a study of 40 criminal cases. It was concluded that the common ground for inclusion of the three formal elements of the crime (differing in a number of criteria) is the mother's limited capability to consciously and arbitrarily control her behavior while murdering her newborn child. In the first case, the main factor limiting this legally significant capability is a legislator-presumed specific psychophysical condition of the parturient woman, in the second case it is a specific emotional state caused by a psychologically traumatic event associated with pregnancy and childbirth. The third case is a mental disorder not excluding sanity. A remark about the baby-murdering mother's special emotional condition limiting her capability to be aware of her actions (and control them) has been suggested for inclusion in the text of the article. The advisability of obligatory prescription for a comprehensive forensic psychological and psychiatric examination has been substantiated when the offence is categorized under article 106 of CCRF.

Целесообразность специальных познаний психолога по уголовным делам несовершеннолетних

The relevance of this study lies in the issues of the rights of minors, which are under the scrutiny of law en-forcement agencies. The tendency is towards specialization in the aspect of knowledge of child psychology by inter-rogators, investigators, juvenile judges work with full dedication. However, the implementation of constitutional principles, the humanization of criminal proceedings in juvenile cases require the introduction of modernized means and tactics of investigation and consideration of cases. The purpose is to substantiate the need to expand the competence of a psychologist, in some cases and a psychiatrist, to determine the individual properties of a minor in order to ensure a competent choice of tactics for the production of investigative and procedural actions with his participation. Objectives: to draw the attention of scientists and practitioners to the individualization of the procedural form in cases of minors in the light of personal characteristics; to consider the specifics of the participation of a psychologist as an assistant in the choice of tactics for the production of investigative actions with the participation of minors; to note the need for the most frequent appointment of a forensic psychological examination to understand the personality characteristics and inclinations of a minor. Methodology. The methodological basis of the research is the method of dialectical scientific knowledge, as well as a systematic approach to the problem under consideration, a formal-logical method, analysis, synthesis. The results of the study are to substantiate the potential of psychological knowledge in order to establish com-petent tactics for the production of investigative actions with the participation of a minor. Conclusion. The issues of juvenile rights are under the scrutiny of law enforcement agencies. The tendency is towards specialization in the aspect of knowledge of child psychology by interrogators, investigators, juvenile judges work with full dedication. However, the implementation of constitutional principles, the humanization of criminal pro-ceedings in juvenile cases require the introduction of modernized tactics of investigation and consideration of cases. In particular, it is advisable both to expand the grounds for the participation of a psychologist in juvenile affairs and to optimize the production of a forensic psychological examination to determine the tactics of criminal proceedings from the standpoint of an individual approach to the personality of a minor.

Правовые проблемы оспоримости завещания (часть 2)

The article is devoted to the analysis of current legal problems related to the judicial challenge of wills. It is concluded that the main attention in the analysis of these problems should be paid to the forensic psychological and psychiatric examination of such a category of disputes, since it is the key evidence in a civil case of contesting a will. The problems of legal capacity of testators, the complexity of the system of evidence for this category of disputes from the point of view of notary and judicial practice are revealed.

Некоторые аспекты института судебно-психологической экспертизы в рамках гражданского судопроизводства

Article reveals the object and subject of forensic psychological examination in civil proceedings, considers the rules of its production, requirements for the registration of the expert’s conclusion, the main points of assessment of the expert’s conclusions.

Правовые проблемы оспоримости завещания (часть 1)

The article is devoted to the analysis of current legal problems related to the judicial challenge of wills. It is concluded that the main attention in the analysis of these problems should be paid to the forensic psychological and psychiatric examination of such a category of disputes, since it is the key evidence in a civil case of contesting a will. The problems of legal capacity of testators, the complexity of the system of evidence for this category of disputes from the point of view of notary and judicial practice are revealed.

BULLYING:

The relevance of the problem under research is due to a significant increase in the number of forensic psychological examinations during considering administrative cases and criminal proceedings in issues of bullying, the conduct of which clearly demonstrates the presence of a number of defects in the theoretical justification of this type of examination. The purpose of the study is to try to solve the problems of forensic psychological examination of bullying, the need for which arises in administrative and criminal proceedings. The methodological basis of forensic psychological examination of bullying is made up of general psychological scientific principles: termism, development of the human psyche in the unity of its consciousness and activity, systematic nature, which involves the study of mental activity as a whole. The study found that the current stage of development of forensic psychological examination of bullying is characterized by unequal treatment of both lawyers and psychologists. Forensic psychological examination of bullying requires the development of an appropriate methodology for its implementation, based on the use of a significant number of general psychological and special methods. The materials in this article may be useful for law enforcement personnel, legal proceedings, psychology specialists, and research workers focused on conducting research on bullying problems.

Психологические особенности и проблемы сопровождения гражданских и уголовных дел, связанных с защитой прав и интересов детей

the article presents data from an analytical review of civil cases related to the protection of the rights and interests of minors in disputes over the right to raise children. The main purpose of the study is to justify the need for a significant correction of the procedure for participation in them by a specialist psychologist. The article shows that a large number of conclusions of psychologists have procedural, methodological and ethical errors. The expert's conclusion, which is accepted in the case as evidence, is not evaluated for completeness, validity and correctness of conclusions. However, the presence of a conclusion of a specialist psychologist in some cases is seen by the judge as a reason for refusing to appoint a forensic psychological examination, in cases where it is clearly necessary. At the same time, in order to ensure a comprehensive assessment of the psychological components of legally significant circumstances that need to be established and proven in disputes over the right to raise children, it is important to apply a more formally defined forensic psychological study. In our opinion, if the parties submit to the court a specialist's opinion based on the conclusions of a pre-trial psychological study, it is necessary to subject it to mandatory review by specialists of state and non-state expert institutions.