Forensic Psychological Examination Research Articles

Теоретические и практические аспекты судебно-психологической экспертизы по делам о насильственных действиях сексуального характера в отношении несовершеннолетних лиц

Теоретические и практические аспекты судебно-психологической экспертизы по делам о насильственных действиях сексуального характера в отношении несовершеннолетних лиц

ABOUT POSSIBILITIES OF FORENSIC PSYCHOLOGY EXAMINATION ON THE VICTIMS OF CRIMES RELATED TO HUMAN TRAFFICK

The problem of human traffick is transnational, wide-ranging character and threatens national security of states is considered. The OSCE data indicating a number of socio-economic and political factors that cause the growth of human traffick in Ukraine are presented. In the review of the main legislative acts of Ukraine the organizational and legal regulation of counteraction to human traffick, directions of public policy and international cooperation are denoted. Researches of Ukrainian experts studying socio-psychological factors that may be of significant importance for crimes related to human traffick are considered. Object, subject and tasks of the forensic psychological research on the victims of crimes falling within the scope of Art. 149 of the Criminal Code of Ukraine. Analysis of note 2 to this article was performed from the positions of legal (qualifying) signs of the vulnerable state of the injured person, as well as from the standpoints of scientific psychology and forensic psychological examination. In particular, since the legal concept of "vulnerable state" refers to the category of appraisal, the tasks of psychological research are determination of individual psychological characteristics of victim's personality, specifics of his motivational, intellectual and emotional spheres, specific activities in the situation of the particular offense, and other psychological factors that may be premorbidity for the formation of dependence on another person or on certain life circumstances that can create favorable conditions for manipulating the consciousness and volitional activity of victim while making a vital decision, limiting the regulation of his activities. Result of psychological research is a degree determination of victim conscious activity who has (or does not have) all the necessary signs of complex volitional behavior. Corresponding expert methodology for psychological research is being developed taking into account the relevance of this topic and increasing requests of judicial investigating bodies to perform appropriate psychological examinations at Poltava branch of the KhRIFE.

THE ROLE OF SUGGESTIBILITY IN FORENSIC PSYCHOLOGICAL EXAMINATIONS: CASE REPORT

Suggestibility is the degree to which someone res­ponds to and is influenced by suggestions made by someone or something. Scientific studies have shown that suggestibility most often correlates with memory processing, false memory and false confession phe­nomena and is crucial to child testimony and forensic psychological examination. Traditionally, there are two general suggestibility re­search approaches: the experimental psychology and the individual difference approach. Experimentally designed studies reflect the effects of misinformation – conditions under which suggestions affect recall of events. The individual difference approach seeks to identify people as being more or less suggestible, re­lating different degrees of suggestibility with several cognitive and personality variables. Both approaches suggest that certain social, cognitive and psycholo­gical factors affect the accuracy of a person`s report (testimony). The current article will focus primary on the accuracy of children reports in the context of forensic psycho­logical examination. The inaccuracy can be due to unconscious assimilation of false suggestions and pressure made by those (usually adults) who have access to the child (suggestibility) or to conscious lies on the part of the child. Some data extractions from research in relation to factors affecting the accuracy of children`s reports during forensic psychological examinations and overall children`s testimonies will be provided. In this context, a case study from fo­rensic psychological examination will be discussed.

Сложности психолого-психиатрической экспертной квалификации психического состояния несовершеннолетних, покончивших жизнь самоубийством

The article describes condition of teenagers’ suicidal activity. Features of the postmortal forensic psychological and psychiatric examination and its specificity in adolescents are considered. Difficulties of retrospective psychological and clinical-psychopathological assessment of mental state of minors who committed suicide are disclosed on the example of single case of the postmortal complex forensic psychological and psychiatric examination of the teenager's suicide. The article presents justification of the expert decision.

Нейропсихологическое исследование при судебно-психологической экспертной оценке сделкоспособности

Relevance of the research consists in consideration the forensic neuropsychological assessment in Russia. The new problem of use of neuropsychological methods in complex forensic psychological and psychiatric examination and forensic psychiatric examination is studied. The article presents the results of neuropsychological assessment of the persons, who could not understand the meaning of their actions, regulate and control them at the time of the transaction. The persons, who could not understand the meaning of their actions, regulate and control them at the time of the transaction, characterized by the presence of a decrease of the ability to control one's actions and the of spatial functions, the neuropsychological syndrome of memory and consciousness. The persons who were able to make decisions at the time of the transaction, such features were less. The importance of the use of neuropsychological methods in forensic examination was established.

FEATURES OF MORAL HARM RESEARCH IN CRIMINAL PROCESS

The paper considers contradictions which arise after entering amendments in 2014 into article 242 of the Criminal Procedural Code of Ukraine, in which an obligatory appointment of psychological examination for the determination of moral harm amount in criminal trial is allocated. The thought on inexpediency of appointment of the person moral sufferings examination within the limits of criminal proceedings on the basis ofsuch positions is subtatiated: 1) before pronouncement of a court sentence on criminal proceedings a person’s guilt is not proved, in this case forensic psychological examination will be based on not proved premise - possibility of guilt which conflicts to an innocence presumption according to the Criminal Code of Ukraine. The expert conclusion is one of procedural sources ofproofs. Carrying out forensic psychological examination of moral harm within criminal proceedings, the expert, being based on the inadmissible assumption of guilty, creates the proof; 2) if the question of moral sufferings presence is considered within criminal proceedings, the fact of absence of the claimantfault has to be established by the court along with definition of the respondent fault degree; 3) pronouncement of a court sentence with definition of the parties guilty degree is an important point for definitive qualitative and quantitative formalizing moral sufferings. At the stage «before a sentence» the psychological trauma has not been yet led to the fullforming ofmoral sufferings, therefore during carrying out psychological research on the materials of criminal proceedings the amount of compensation should be defined only as "a preliminary"; 4) for the determination of the depth and heaviness of the person’s sufferings a psychologist needs to conduct a research only in 1 yearfrom the moment of injuring events (the person should go through stages of distress after losing close relative, to be treated and feel consequences at health damage).

МІСЦЕ СУДОВО-ПСИХОЛОГІЧНОЇ ЕКСПЕРТИЗИ В КРИМІНАЛЬНОМУ ПРОЦЕСІ ТА АЛГОРИТМ ПРОВЕДЕННЯ ПСИХОДІАГНОСТИЧНОГО ДОСЛІДЖЕННЯ НЕПОВНОЛІТНІХ ЖЕРТВ НАСИЛЬСТВА

У даній статті розкрито основні положення щодо організації та проведення судово-психологічної експертизи неповнолітніх жертв насильства. Розглянуто поняття фізичного, сексуального та психологічного насильства над дитиною. Теоретично проаналізовано місце судово-психологічної експертизи неповнолітніх жертв насильства та її значення в кримінальному процесі. Визначено предмет, об’єкт та завдання судово-психологічної експертизи. Розглянуто особливості прояву психотравматизації дитини як наслідка насильства. Розроблено алгоритм психодіагностичного інструментарію відповідно до вікових періодів неповнолітніх жертв насильства. &nbsp

Как построить предметный вид судебно-психологической экспертизы

The methodology of the subject types of forensic examinations with the application of psychological knowledge is analyzed. The history of the formation of subject types of forensic psychological examination and a comprehensive forensic psychological and psychiatric examination is considered. Shows their transformation and expansion under the influence of changes of domestic legislation. Based on the definition of the research subject of a legal expert- psychologist, concluded that the first step of building the subject of a separate judicial review should be the analysis of its legal significance. Discussed options for legal consequences and the role of expert opinion in in making judicial decisions. The second step is expertelligence analysis. It is the allocation of the psychological characteristics of legal rules (legal criteria). The third stage of psychological analysis consists in the correlation of concepts with expert knowledge in scientific psychology. The need of adaptation and transformation of scientific psychological knowledge (as basic science) in forensic psychological expertise (special knowledge of the expert) are shown. Discusses ways of formation of special knowledge of the expert-psychologist and the limits of its competence.

Клинико-психологические факторы криминальной агрессии

The article substantiates approach to the study of crime of aggression, taking into account the analysis of the behavior principles of interaction of personal and situational factors; interaction of aggressive and antiaggressive personal factors. Three-dimensional typology of crime of aggression formed three axles: high – low aggressiveness; formation – aborted personal aggression inhibitors; neutral – a legally significant traumatic situation. This typology has been verified on the basis of empirical material, including 329 people (257 males and 72 women aged 18 to 70 years) charged with violent crimes. All of the defendants (33 % mental health 67 % – with a variety of mental disorders not excluding sanity) were examined in the production of a comprehensive forensic psychological and psychiatric examination. A cluster analysis of the subjects (Ward's method) showed the validity of the choice of three bases of a typology of criminal aggression. The most powerful discriminator of types of aggression were personal inhibitors of aggression, less severe factors of high aggressiveness and characteristics of the situation. Identified correlations between various mental disorders and types of aggression.

К вопросу о расхождении в выводах при квалификации эмоциональных состояний (аффектов) в практике повторных КСППЭ

The article represents problems of secondary comprehensive forensic psychological and psychiatric examination after initial assessment of the accused being in the state of affect during the act of offence. Features of expert work in conducting these examinations, the difficulties faced by psychiatrists and psychologists, reasons for possible disagreement with the conclusions of the previous experts, the need to take into account their conclusions in the argumentation of their decision were noted. To illustrate the problems mentioned, a case study of secondary examination, which does not confirms the conclusions of the primary examination in regard to the qualification of the accused's emotional state as cumulative affect, is provided. On the basis of the analysis some additions were suggested to the standard scheme of psychological research with an assessment of the picture of the emotional state according to the materials of the criminal case and the clinical interview, accounting additional information in materials of criminal case and specifities of accused's self-description presentation.

Обоснованный риск как проблема юридической психологии

The article is devoted to the reasonable risk (article 41 of the Penal code of Russian Federation), as an important issue requiring the attention of specialists working in the field of legal psychology. Presented the psychological characteristics of the concept of «reasonable risk», describes the mechanisms of decision making in situations of risk and classifications of situations of risky behavior by the nature of activity and character that are significant to criminal law. Understand options for risk situations, which can take place of the circumstances excluding criminality of act. Deals the capabilities and competencies of psychological assessment, tasks, questions for expert-psychologist, as well as the opportunities, especially use of the court expert to address the issue of criminal responsibility. The conclusion is made about necessity of further development of the methodological basis of the application of forensic psychological examination of the reasonableness of risk.

INFLUENCE OF INTEGRATION AND DIFFERENTIAL PROCESSES IN MODERN PSYCHOLOGY ON FORENSIC PSYCHOLOGICAL EXAMINATION

Consideration is given to theoretical and methodological issues of conducting the forensic psychological examination. The paper determines its subject, object and tasks in the aspects of scientific psychology and forensic examination; the grounds for the identification of substantive types of forensic psychological examinations and the implementation of the differential approach when they are appointed and conducted; outlines the prospects for the development of new researches in the aspect of integration processes.

ON DETERMINING ESTIMATED VALUE BENCHMARK COMPENSATION FOR MORAL DAMAGES IN CIVIL CASES

The article deals the debated issues in determining the amount of compensation for inflicted moral suffering addressed in civil legal proceedings. The calculation of the benchmark equivalentfor moral damages is part of a forensic psychological examination, as well as the establishment of a fact whether the situation in the case is psychologically traumatic. The article analyzes different approaches to determining compensation in civil and criminal cases. It also studies legal norms that define the notion of guilt in the civil process, to some extent they contradict the existing methods of determining the fact ofmoral damages and the amount of the compensation for inflicted suffering. The article discusses the forms of the guilt of the one who inflicted the damage and the guilt of the plaintiff (the injured party), and they must be taken into account while determining the compensation amount, at the same time this data is determined by the court decision and, as a rule, an expert is not provided with this data before the decision is announced. The article concludes with emphasizing the importance of eliminating this contradiction and the necessity of creating new methods to solve this collision.

Комментарий к статье П.Ю. Кантора: аргументы «против»

The article presents objections to the arguments set out in article «Revisiting an issue of mandatory assignment of complex forensic psychological and psychiatric examination of legal capability: pro arguments» by P.Yu. Kantor in favor of legislative recognition of mandatory complex forensic psychological and psychiatric examination of legal capability in the case of adjudge a citizen incapable due to mental disorder. From the point of view of the theory and methodology of complex forensic psychological and psychiatric examination, the authors inappropriately constrict competence limits of forensic psychiatrists and ignore the possibility and the need to integrate medical and psychological knowledge in forensics. P. Yu. Kantor’s theses about the total dominance of psychiatric examinations in civil proceedings and a painful and humiliating for subject forensic psychiatric examination in Russia are objectionable. The present paper shows negative organizational and legal consequences of this legal norm and proposes a wide interdisciplinary discussion on the problem.

К вопросу об обязательном назначении комплексной судебной психолого-психиатрической экспертизы дееспособности: аргументы «за»

The article again addresses the issue of forensic examinations of incapacity or limited capacity due to the mental disorder in the Code of Civil Procedure of the Russian Federation. The article critically discusses the common objections to establishing a mandatory appointment for a comprehensive forensic psychological and psychiatric examination in this category of cases. The author observes how this proposed requirement is connected with earlier legislation updates. The new rule logically follows from the need to consider, in according to law, a person’s ability for decision making and social communication. Currently, a comprehensive forensic psychological and psychiatric examination is appointed too rarely in these cases, which leads to the insufficient comprehension of these significant factors by the courts. Organizational and technical hurdles, which are considered to be main arguments against the discussed rule, shouldn’t prevent the long overdue legislation innovations. Statistical data presented by the opponents relates to different categories of cases and, therefore, cannot be a basis for the conclusions about the issue discussed.

Эмоционально-оценочное отношение родителей из высококонфликтных семей друг к другу и ребенку

The increasing number of dysfunctional families causes an increase in the number of civil litigation on the education of the child, where the relationship between the persons are highly conflictual. The actual task is study the one of components in the structure of the psychological relationship - emotional and semantic constructs underlying semantic perception of each other and the child's parents. Examination of 42 testees (parents) from harmonious families and 54 testees (parents) during the forensic psychological and psychiatric examination (regarding the definition of child`s residence or the order of meetings for the child and the parent who don`t live with it) by methods "Geometric test of relations" and "Semantic Differential" showed that in families where is highly conflictual relationship, there is positive assessments of herself and her child, while assessment of the spouse (wife) characterized inversion. This negative attitude toward the spouse (wife) is not the other parent's negative characteristics. It is the ignoring the other parent's positive characteristics. The positive acceptance of all family members was revealed in harmonious families.

---------------- (Problems Appointment of Forensic Psychological Examination of Affect)

Russian Abstract: Рассматриваются, как уголовно-правовые, так и, связанные с ними, юридико-психологические проблемы судебно-психологической экспертизы аффекта. Обосновываются предложения по совершенствованию уголовно-правового определения аффекта, исходя из психологической теории аффекта. Анализируется проблема экспертной психологической оценки временного критерия при определении возможности управления поведением в состоянии аффекта.English Abstract: How criminal law and related to them, legal and psychological problems of forensic psychological examination of affect. Substantiated proposals to improve the criminal law definition of affect, based on the psychological theory of affect. The problem of expert psychological assessment of a time criterion in determining the possibility of controlling the behavior of passion.

Methods of forensic psychological expert examination

Methods of forensic psychological expert examination

Percepções de psicólogos sobre a perícia nos Institutos Médico-Legais do Brasil

Tendo em vista que a perícia psicológica é uma atividade profissional recente, este estudo exploratório investigou a percepção de psicólogos acerca dessa prática em casos de suspeita de abuso sexual cometido contra crianças e adolescentes. Foram realizadas entrevistas semiestruturadas, em 2011, com 12 psicólogos que atuavam como peritos em Institutos Médico-Legais (IMLs) das seguintes capitais: Natal, Palmas, Brasília, Goiânia, Florianópolis e Porto Alegre. A análise de conteúdo permitiu a identificação de categorias que englobaram a relevância da perícia psicológica, percepções sobre os IMLs e seu espaço físico, conhecimento técnico e amparo às supostas vítimas e familiares. Foram também verificadas dificuldades, avanços e expectativas em relação à área. Conclui-se ressaltando a necessidade de formação específica, assim como divulgação acerca dessa prática, o que poderia levar a um maior reconhecimento do papel exercido pelo perito psicólogo.

Techniques Used in Forensic Psychological Examinations in Cases of Child and Adolescent Sexual Abuse

Currently, there is no standardized protocol for the evaluation of situations of sexual abuse. Thus, this study investigated the techniques used by psychologists in forensic examinations in cases of suspected child and adolescent sexual abuse in the context of the criminal investigation. Semi-structured interviews, which were qualitatively analyzed using the WebQDA software, were applied with twelve psychologists who work as expert witnesses in the Medical-Legal Institute of six Brazilian capitals. The results showed a diversity of actions taken in the forensic examination practice, as well as consensus and controversy regarding the use of psychological testing and the credibility assessment of the report. Flexibility in conducting the forensic examinations by the teams was also observed, with the techniques used adapted according to the needs. The importance of the diversity of techniques was highlighted, as these aim to assist the expert witness to come to reliable conclusions, as well as maintain the rigor and technical quality of the evaluation.