» Introduction to legal psychology. The main stages in the development of legal psychology, its current state in our country and in other countries Formation of legal psychology as a science

Introduction to legal psychology. The main stages in the development of legal psychology, its current state in our country and in other countries Formation of legal psychology as a science

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, both in antiquity and in medieval process 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. Importance acquire witness testimony and information about the identity of the defendant, injured plaintiff and defendant. 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 exposing them, recommended classifying criminals in order to avoid harmful influence worse to 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, experimental research in legal psychology became increasingly important in theory and practice. 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 the evidentiary law of the new justice system, expertise, including psychological expertise, 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 offences, but also questions of the psychology of the personality of the offender, the psychology of legal proceedings, lawful behavior, etc. modern school domestic legal psychology, which is worthily represented by such names of lawyers and psychologists 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 18th 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”), and secondly, the importance of a humanistically expedient definition and execution of punishment (t i.e. “the need to match the punishment to the nature of the crime”, and the introduction of educational means in penitentiary institutions) 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.
AT foreign countries in late XIX centuries 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 "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, they received further multifaceted development as theoretical developments, and versatile approaches in creating tools for psychodiagnostics, psychocorrection and psychotherapy. 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, research has also been intensified abroad in such areas as the problems of the complex science of victimology (the study of crimes from the standpoint of the relationship and personality of the victim), as the identification of the role of the phenomenon of "stigmatization", i.e. "social peculiar branding" on the development of criminals (according to E. Sutherland), as the study of the “criminal behavior system” (through the study of the group lifestyle 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 impact on relapse reduction).
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 purposeful research on the problems of legal psychology is being conducted.

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. The Age of Enlightenment is such a historical period. It was then that scientific discussions laid the foundations for a rationalistic approach to explaining the causes of crime, and also collected empirical psychological material on the activities of the court and places of detention.

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). He, in particular, proved the relevance of developing a classification of criminals according to the "degree of depravity", and also substantiated psychologically effective methods of interrogating 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) made an attempt to reveal the psychological conditions of the impact of punishment and, in particular, "corrective bringing him to repentance." 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 personality of the offender, based on the achievements of the 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 patterns 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. Vladimirov "Psychological characteristics of 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 Offenders", 1884, etc.) purposefully defended an interdisciplinary approach, arguing that law and psychology deal with the same and the same phenomena - the laws of a person's conscious life, and therefore the law, not possessing its own means for studying this phenomenon, must 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 Kyiv, 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 on the basis of psychological mechanisms"imitation" and "learning". Viewing criminals as a kind of "social ex-crement", Tarde argued that legal dispositions should be built on a psychological basis rather than on the premise of "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, the lawyer N.M. Korkunov in his "Lectures on the General Theory of Law" (1886) considered society 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. Socio-psychological views developed in the works and such domestic scientists, like SA Muromtsev, P.I. Novgorodtsev, M.M. Kovalevsky, ID. Kavelin, N.Ya. Grot, M.N. Gernet, M.M. Isaev. The largest lawyer of the early XX century L.I. Petrazhitsky (1867-1931) created a rationalistic concept of "psychology of law", where law acts as a mental phenomenon.

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, 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 "The Objective Psychological Method as Applied 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 features 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.

In order to improve the understanding of the essence of legal norms and the psychological substantiation of ways to improve legal regulation, methods of legal hermeneutics have been developed and implemented in recent years.

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), at present there are more than 3,500 psychologists directly working in law enforcement agencies in Western Europe alone. In addition, there is 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 national scale (primarily through the creation of professional communities of legal psychologists: - in Germany, etc.) in recent years there has been a tendency to increase contacts and connections at the international level (carrying out 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.

Introduction to legal psychology question: Legal psychology as an applied branch of psychology. Question: The emergence and development of legal psychology. The emergence and development of legal psychology abroad. The emergence and development of legal psychology in Russia.


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Page 1

Lecture 1 Introduction to Legal Psychology

1 question:

2 question:

2.1.

2.2.

3 question:

1 question: Legal psychology as an applied branch of psychology.

Psychology (from the Greek “psyche” soul, “logos” teaching, science) this is the science of the patterns, features of the development and functioning of the psyche as a special form of self-organization of a person, which manifests itself in his relationship with himself, the people around him and the world in in general. This variety of human relationships explains enough big number various applied industries psychological science designed to provide direct assistance to people in their professional activities. Suffice it to recall such rapidly developing applied branches of psychological science as children's and pedagogical psychology, labor and engineering psychology, military, aviation, space psychology, sports psychology. Legal psychology, which we will study during the semester, should also be included in this series.

legal psychologyApplied area of ​​psychology that studies the mental activity of a person in the field of legal relations.

Being a frontier science between psychology and jurisprudence,legal psychology considerspatterns and features of the mental life of subjects in relation to the sphere of legal regulation. However, this specificity is so significant that the entire system of legal psychology, its conceptual apparatus are consistent with the logic of legal regulation, legal factors. That is why legal psychology includes, in addition to developing questions common to it (subject, system, methods), issues related to the psychology of legal regulation, psychological support for law enforcement, lawmaking, legal consciousness as a source of legal activity of people and an internal regulator their legally significant behavior.

legal psychologyin relation to the entire spectrum of legal and scientific legal phenomena is not a private area of ​​knowledge, i.e. one of the many scientific disciplines that contribute to the improvement of legal regulation, but acts as a complementary science.

Main objects studying legal psychology are personality and activity.

legal psychology studies not only mental phenomena in individual participants in the process of administering justice, the relationship between them, but also to explore the psychological characteristics of the very activity associated with the administration of justice in general and its individual functions.

Subject legal psychologyare various phenomena of the psyche, individual psychological characteristics of the personality of participants in legal relations involved in the field of law enforcement, socio-psychological patterns of this activity that affects the psyche and behavior of people participating in it.

Particularly relevant for the theory and practice of combating offenses are psychological studies of operational-investigative, investigative-prosecuting, judicial, corrective and preventive activities of various state law enforcement agencies: courts, prosecutors, internal affairs agencies, security agencies, correctional labor institutions, as well as legal provision and legal assistance (notaries, advocacy) to the population, legal entities.

How applied branch of legal psychologyhas a close relationship primarily with the fundamental psychological sciences: the history of psychology, general and social psychology.

Influence psychological science on the development of legal psychology is happeningthrough the useits representatives:

Methodologies;

Classification theoretical schemes;

General laws and mechanisms of occurrence, manifestation and development of mental phenomena.

Modern legal psychology is characterized by very close relationship with many related psychological disciplines: differential, age, pedagogical, medical, engineering psychology, labor psychology, management psychology, etc.

Upon acceptance in the second half of the 90snew legislationa significant number of new concepts have been introduced that have a purely psychological or complex psychological and legal nature. Thus, the Criminal Code of the Russian Federation, enacted in 1997, includes rules related to the criminal liability of persons:

- with a psychological disorder that does not exclude sanity (art. 22);

- with an act committed out of frivolity (v. 26);

- with the definition of inconsistency of psychophysiological qualities with the requirements of extreme conditions or neuropsychic overload (part 2 of article 28);

- with the identification of stability and cohesion as signs of a criminal group (parts 3.4 of article 35);

- with the definition of mental coercion (art. 40), special cruelty (paragraph “e” of article 105, paragraph “b” of article 111, paragraph “c” of article 131), affect and prolonged psycho-traumatic situation (art. 107,113 ), psychological suffering (part 1 of article 117), etc.

2 question: The emergence and development of legal psychology.

2.1. The emergence and development of legal psychology abroad.

Interest in psychological knowledge in jurisprudence appears long before, under the influence of successes in natural science, psychology becomes an independent science. As an independent science, psychology exists since 1879 the year when the German psychologist Wilhelm Wundt (1832-1920) opened the first psychological experimental laboratory. However, already 1792 The German naturalist K. Eckartshausen (17521803) wrote the book “On the Necessity of Psychological Knowledge in Discussing Crimes”. Then the book of I.Kh. Schaumann (17681821) "Thoughts on criminal psychology", which analyzes individual criminal law concepts.

Thus, in XVIII XIX centuries. on the basis of a new legal ideology, a specialized branch of psychological and legal knowledge is born - criminal, and then more widely - forensic psychology.

In the second half 19th century the anthropological school of law is emerging, the interest of lawyers in “ human factor". AT late 19th century in connection with the formation of forensic science and criminology, forensic and then legal psychology are being intensively formed. The famous French psychologist E. Claparede, who lectured on forensic psychology at the University of Geneva, significantly expanded the range of forensic psychological problems and at the beginning of the twentieth century. coined the term "legal psychology". The founder of forensic science, Hans Gross, created the fundamental work "Criminal Psychology" in which he considered forensic psychology as an applied branch of general psychology. G. Gross introduced lawyers to contemporary achievements in experimental psychophysiology (with the teachings of Gustav-Theodor Fechner on the patterns of sensations), with the features of human psychomotor reactions, with the patterns of thinking, memory, etc. The psychology of forming and receiving evidence is developing (Marbe, Stern, Wertheimer). Albert Helving develops the psychology of the interrogator (policeman, judge, expert) and the interrogated (accused, victim, witness), develops the psychological technique of interrogation.

However, until the advent of depth psychologyin the first half of the twentieth century, forensic psychology remained mainly an empirical, descriptive science. A criminal personality, its motivational sphere were described by such amorphous concepts as cruelty, aggressiveness, revenge, self-interest, shamelessness, a tendency to sadism, etc. socio-psychological patterns for a long time remained in oblivion. In mass surveys of the causes of crimes, they relied on the opinion of the criminals themselves. Next in line was the problem of psychodiagnostics of the personality of the offender, the psychological analysis of persons who committed a homogeneous crime. A number of special studies are emerging. So, A. Bierre, using a large empirical material (prisoners in the central Stockholm prison), conducted a study “Psychology of murder”, analyzed the mentally “weak points” of this category of criminals, the features of their social maladjustment, social alienation.

Under the influence of the psychoanalytic theory of Sigmund Freud, forensic psychologists began to attempt to penetrate into the subconscious sphere of criminals, to reveal deep personal formations(Franz Alexander, Hugo Staub, Alfred Adler, Walter Bromberg and others). The prisoners were examined with the help of psychodiagnostic tests and other psychoanalytic methods (L. Khablin Smith and others). Psychologists and criminologists have come to the conclusion that the majority of criminals do not have a developed mental sphere of personality, referred to by Z. Freud as the Super-Ego (Super-I), the internal structure of social self-control is broken, there is an imbalance in the interaction of inhibitory and excitatory processes. The criminal inclination is formed, according to these authors, as a result of failures in stabilizing one's Ego (I), due to early mental traumatization.

In the first half of the twentieth centuryForensic (criminal) psychology developed especially intensively in Germany . German criminologists shifted the focus in their research to the study of the identity of the criminal, his environment (Franz von List, Moritz Lipman, and others).

In German forensic psychology and criminology, psychopathological and biological trends have established themselves. The main causes of crimes began to be seen in psychological and psychopathic factors: anomalies of will, thinking, mood instability, etc. Ernst Seeling and Karl Weindler made one of the first attempts to classify the types of criminals, believing that only in this way can the true causes of crime be revealed. They identified eight types of criminals: professional, property, sexual, casual, primitively reacting, malicious (convinced), hooligans, unwilling to work. The personal characteristics of these criminals should be studied, in their opinion, by a complex of sciences - biology, psychology and psychiatry.

In the United States, legal psychology has traditionally been closely associated with forensic science. These studies are concentrated at the universities, but are generally managed by the Federal Department of Justice.

In Italy, forensic psychology is traditionally focused on the clinical direction, in France - on the socio-psychological and sociological direction.

In Belgium and France there are centers for the study of juvenile delinquency. Crime research in Japan focuses mainly on psychiatry.

Among the socio-psychological factors of crime in modern research the defects of social control, the destruction of social ties, the conditions conducive to criminal learning, and the defects of socialization are singled out. The authors of the largest works in the field of foreign legal psychology are: G. Toch (Legal and criminal psychology. New York, 1961), M. Lipmann (Fundamentals of psychology for lawyers. Leipzig, 1914), D. Abrahamsen (Criminal psychology. New York, 1967), Belgian criminologist and psychiatrist R. Luvage (Psychology and Crime. Hamburg, 1956), N. Johnston (Psychology of Punishment and Correction, London, 1970), G. Tosb (Psychology of Crime and Criminal Justice. New York, 1979);

2.2. The emergence and development of legal psychology in Russia.

In Russia, lectures on "Criminal Psychology" at the Moscow Imperial University were given from 1806 , and the first monograph on forensic psychology was published in Kazan in 1874 , the author of which was Professor A.U. Frese (18261884). Being a psychiatrist, the author believed that the subject of forensic psychology was "the application to legal questions of our knowledge about the normal and abnormal manifestations of mental life."

In 1877 lawyer L.E. Vladimirov published an article "Psychological characteristics of criminals according to the latest research", in which he noted that the social causes of crime are rooted in individual characters, the study of which is mandatory for lawyers.

At the end of the XIX century. in connection with the development of experimental psychology, forensic psychology is gradually taking shape as an independent science. Its largest representative D.A. Dril pointed out that psychology and law deal with the same phenomena - the laws of a person's conscious life.

In the 80s of the XIX century. the activity of the outstanding Russian lawyer A.F. Koni, who constantly paid great attention to the connection of criminal law with psychology. At the same time, outstanding Russian psychiatrists and psychologists began to work actively V.M. Bekhterev, S.S. Korsakov and

V.P. Serbian. V.M. Bekhterev developed specific forensic psychological problems, and S.S. Korsakov and V.P. Serbsky put forward a number of fruitful concepts bordering between psychiatry and forensic psychology. At the same time, professional psychologists also turned to the issues of criminal psychology N.Ya. Grot, A.V. Zavadsky, A.F. Lazursky.

On the at the turn of the 19th and 20th centuries.in Russia, the problems of psychological research (expertise) of participants in the criminal process are acute. In a number of cases, crime was considered as a psychopathology. However, C. Lombroso's ideas about innate criminality were not widespread in Russia and were sharply criticized by leading lawyers.

At the beginning of the twentieth century in Russia, a psychological school of law is being formed, the founder of which was the lawyer and sociologist L.I. Petrazhitsky, in 1898 1918. head of the Department of the History of Philosophy of Law at St. Petersburg University. Petrazhitsky believed that the sciences of law and the state should be based on the analysis of mental phenomena. However, Petrazhitsky replaced the social conditioning of law with psychological conditioning, arguing that only mental processes really exist, and socio-historical formations are their external projections. Petrazhitsky, being under the influence of Freudianism, exaggerated the role of the subconscious-emotional sphere of the psyche in people's behavior, in the formation of legal norms. The psychological school of law proceeded from the complete compatibility of law and psychology. Legal psychology was not comprehended by the psychological school of law as a boundary area between law and psychology. However, despite the general failure psychological school law, she drew the attention of lawyers to the psychological aspects of law. Petrazhitsky's ideas had a significant impact on the development of forensic psychology in early twentieth century

In the formation of the Russian school of sociology, social psychology and criminology an outstanding role was played by Pitirim Alexandrovich Sorokin (1889-1968). Exiled from Soviet Russia in 1922, Pitirim Sorokin became Dean of the Department of Sociology at Harvard University and President of the International Sociological Association. Classical works by P.A. Sorokin (“Modern sociological theories”, “Crime and Punishment, Feat and Reward”, etc.) are widely published in the USA and in many European countries. Even in his student years, Sorokin collaborated with Bekhterev, Petrazhitsky, Pavlov, Kovalevsky, Rostovtsev. P. Sorokin classifies all rules of conduct into three groups: permitted, prohibited and recommended. The dynamics of stereotypes (patterns) of behavior depends on social and cultural dynamics (“Social and Cultural Dynamics” in 4 volumes, 1937-1941). Due to the non-simultaneity of social and cultural dynamics, intergroup and intragroup conflicts arise. Group unity either disintegrates or is forcibly preserved. "Protestants" are brought into obedience through positive sanctions rewards and negative sanctions kar (punishments). Violation of the social pattern turns into a crime, and the social reaction to it becomes a punishment. It should be taken into account, Sorokin notes, that there is always a certain discrepancy between the “official law” and the mentality of society. And this discrepancy is the greater, the faster social processes develop.

In 1902-1903 a two-volume study by G.S. Feldstein " Psychological foundations doctrine of guilt. Well-known lawyer M.N. Gernet in his textbook "Criminal Law" (1913) included the paragraphs "Psychology of the criminal" and "Psychology of the prisoner". However, in all works on forensic psychology up to beginning of the twentieth century. psychological provisions were only mechanically applied to individual legal phenomena.

In 1907 on the initiative of V.M. Bekhterev and D.A. Dril, a scientific and educational Psychoneurological Institute was created, the program of which included the development of the course "Forensic Psychology". And in 1909 within the framework of the Psychoneurological Institute, the Criminological Institute was established. Forensic psychology began to be dealt with by professional psychologists, and since that time it began to develop as an independent applied branch of psychology. A circle of main problems has emerged in forensic psychology: the study of the psyche of criminals, witnesses and other participants in the criminal process, the diagnosis of lies, etc. V.M. Bekhterev.

AT the first years after the revolutiona broad study of the psychology of various groups of criminals, the psychological prerequisites for crime, the psychology of individual participants in legal proceedings, the problems of forensic psychological examination, and the psychology of the correction of offenders began. Forensic (criminal) psychology is becoming a recognized and authoritative branch of knowledge.

Already in 1923 at the I All-Russian Congress on Psychoneurology under the leadership of the criminologist S.V. Poznyshev, the section of criminal psychology worked. The congress noted the need for the training of forensic psychologists, as well as the expediency of opening offices for criminal psychological research. Following this, in many cities Moscow, Leningrad, Kyiv, Odessa, Kharkov, Minsk, Baku, etc. criminal-psychological rooms and scientific-forensic examination rooms were organized, which included sections of forensic psychology that studied the psychology of a criminal and a crime .

In 1925 The State Institute for the Study of Crime and the Criminal was established in Moscow. Major psychologists were involved in the work in the biopsychological section of the institute. During its existence (before the reorganization in 1929), the institute published about 300 papers, including those on problems of forensic psychology. Of the most significant works on forensic psychology of the 20s, the works of K. Sotoni, S.V., Poznyshev, A.R. Luria, A.E. Brusilovsky. Mass psychological examinations of various groups of criminals were carried out - murderers, hooligans, sexual offenders, etc. Problems of correctional psychology were studied, and an experimental study of testimonies was included in the work plan of the Moscow Institute of Psychology.

In 1930 The first congress on the study of human behavior was held, at which the section of forensic psychology worked. The section heard and discussed the reports of A.S. Tager "On the results and prospects of the study of forensic psychology" and A.E. Brusilovsky "The main problems of the psychology of the defendant in the criminal process." In the report of A.S. Tager, the main sections of forensic psychology were outlined: 1) criminal psychology (the psychological study of the behavior of a criminal), 2) procedural psychology (the psychological study of the organization of legal proceedings), 3) penitentiary psychology (the study of the psychology of correctional activity). However, major biologization mistakes were also made at that time. Sharp criticism of these mistakes in the early 1930s, as well as subsequent legal voluntarism, led to an unjustified cessation of forensic psychological research. The elementary foundations of legality were violated.

Supreme Supervisory Instance USSR Prosecutor's Office in 1935 its Directive officially sanctioned lawlessness: "Case for which there is not enough documentary evidence for investigation in the courts, send for consideration by the Special Meeting of the NKVD of the USSR." Violation of the elementary rights of the individual, the rule of law has become the norm of the punitive apparatus. This led to profound deformations in public legal consciousness, anomalies in the system of law. The concept of "revolutionary legality" has become a sinister tool for the violation of human rights. There was a social and value disorientation of society. Political power began to be regarded not as a tool for effective general social management, but as a means of suppressing the self-manifestation of the individual. Human freedom in creativity, understanding of the world, in thinking became the main objects of gendarmerie persecution. The essentially life-giving spirituality of a person was persecuted, his psyche was deformed. In Soviet jurisprudence, an understanding of the essence of law was established as the will of the ruling class, as an instrument of regulation, control and punishment of deviant behavior. Such oblivion of the socio-legal and socio-psychological nature of laws inevitably led to the devaluation of the values ​​and regulatory possibilities expressed in them, to the collapse of a single mechanism of social regulation and the gradual disintegration of the entire social and normative order.

Before mid 60sproblems of legal psychology were consigned to oblivion. The tendencies towards the democratization of society that arose in the 60s caused the development of social sciences, and research in legal psychology also became more active.

In 1964 Decree of the Central Committee of the CPSU "On measures for the further development of legal science and the improvement of legal education in the country" was issued. Based on this Decree in 1966 The teaching of general and forensic psychology was introduced in the country's law schools. In this environment, studies began to appear on forensic psychology, the psychology of interrogation, and correctional psychology. In the collective work "The Theory of Evidence in the Soviet Criminal Procedure", which was published in Moscow in 1966, the paragraph "Psychological characteristics" was included in the chapter "Process of proof". cognitive activity in the process of proof”, written by Professor A.R. Ratinov. A significant event was the monograph of the latter "Forensic Psychology for Investigators", published in 1967.

In 1971 The first All-Union Conference on Problems of Forensic Psychology was held in the Soviet Union. In the society of psychologists of the USSR, the section "Forensic psychology" began to function. In the structure of the All-Union Institute for the study of the causes and development of measures to prevent crime, a sector of psychology was created. Departments of legal psychology are being created in a number of law schools. The Department of Psychology was organized as part of the Academy of the Ministry of Internal Affairs of the USSR. In the All-Russian Research Institute of General and Forensic Psychiatry. V.P. Serbsky, a psychology laboratory was created. However, the connection between psychology and law was carried out only in the sphere of

criminal justice.

In the 70s A number of leading employees of the Institute of State and Law (V.N. Kudryavtsev, V.S. Nersesyants, A.M. Yakovlev and others) carried out a radical reorientation of jurists towards the humanistic essence of law, and overcame the repressive bias in its interpretation. Significant changes in the legal paradigm that occurred in the 70s required appropriate transformations in the training of legal personnel. Teaching legal psychology in law schools has become one of the main means of humanitarian reorientation of lawyers, expanding their competence in the field of "human factor".

AT present timedomestic legal psychology thanks to the efforts of many researchers (A.V. Dulov, V.L. Vasiliev, M.I. Enikeev, M.M. Kochenov, A.R. Ratinov, V.V. Romanov, A.M. Stolyarenko) acquired the status of an expanded scientific discipline. However, many of its directions, sections have not yet been sufficiently developed. These include the psychology of civil proceedings, the psychology of private and business law, the psychology of a judge, lawyer, prosecutor, court decisions, individualization of punishment, etc. Social and psychological problems of lawmaking, legal socialization of the individual and resocialization of convicts require deeper study. In connection with the social reformation of society, there is an urgent need to study the formation of new socio-psychotypes, the mechanisms for the formation of democratic legal consciousness and stereotypes of law enforcement behavior in the context of the emerging rule of law, as well as the study of criminogenic factors in the new socio-economic conditions.

3 question: Qualitative characteristics of the personality of a lawyer and the requirements for law enforcement officers.

Any profession imposes certain requirements on the personality of a specialist. There are a number of qualities that an individual must possess in order to successfully cope with the professional tasks assigned to him. The field of knowledge about the properties and qualities of a person necessary for the performance of official duties is called professiography. Psychological professiography deals with the study of the psychological qualities necessary to perform a particular work activity. The result is a generalized psychological portrait of a person who is the most successful in this professional field, which implies the ability to cope with the assigned labor tasks at a high level.

Psychological analysis of the professional activities of a lawyer covers the required personal qualities law enforcement officers, their socio-psychological characteristics and examines the individual structural components of their activities. Identification of these structural formations makes it possible to develop a professiogram of law enforcement activity describe various objective characteristics of activity and requirements for individual characteristics of a person, determine a psychogram professionally significant personality traits of a lawyer and ultimately create a reliable system for assessing and selecting candidates for service in law enforcement agencies.

Professional activity lawyers, especially employees of the prosecutor's office and the court, is a kind of public service with specific features inherent in this activity. Knowledge of these features is necessary not only for the development of a lawyer’s work professiogram, but can also be useful for those who seek to obtain a legal education, master the profession of a lawyer, apply their abilities in the field of law enforcement, who must be prepared to overcome the difficulties that they inevitably face. meet in your work. Here, psychological professiography performs a career guidance function.

The professional activities of lawyers, especially those who are at the forefront of the fight against crime, in some cases are very stressful, due to the performance of a large amount of complex, diverse work in conditions of an acute shortage of information and time, active opposition from interested parties, often ignoring legal norms. Often, neuropsychic overload is aggravated by violations of the usual daily routine of life, forced abandonment of the usual rest for many people, which sometimes leads to the development of persistent states of mental tension, emotional instability, the appearance of neurotic reactions and various diseases developing on this basis. A competent approach to the organization of labor, the use of human resources, personnel placement, planning for staff development, organization of recreation and rehabilitation activities is also important. Any organization must not only find professionals, but also retain them.

Thus, the tasks of the psychology of the labor activity of lawyers are reduced to the following main tasks: professiography, vocational guidance and professional selection, labor organization and rehabilitation.

Despite the variety of law enforcement and law enforcement specialties that put forward somewhat different requirements for the personal qualities of candidates, one can single outgeneral moments inherent in investigative, prosecutorial, judicial, and legal advisory activities. Depending on the characteristics of a particular type of activity, the specific gravity, the significance of each individual substructure changes to some extent, however, the basis, the backbone of the psychogram of a lawyer remains unchanged.

In order to successfully solve practical problems, it is necessary to determine the requirements imposed by this activity on the psyche, the personality of a lawyer, his psychophysiological qualities, which should form the central content of the psychogram of the personality of a lawyer with the definition of clear criteria for his professional suitability or unsuitability for work in law enforcement agencies, various state-legal and other structures.

The law enforcement activity of employees of state-legal structures of various official positions is quite clearly regulated. Derogation from their official duties, violation of official powers by a lawyer is considered as a violation of the law, which indicates, first of all, a low level of his professional competence. This circumstance creates a requirement for strict compliance with legal norms, which should be organically integrated intovalue structures of a lawyer's personality. The need to comply with moral, legal normsone of the leading, dominant among other socially significant needs that affect the quality of work of employees of legal structures.

The stressful nature of the work of lawyers, especially employees of operational and investigative departments, places high demands on human qualities that help overcome destabilizing factors.Law enforcement candidates should be different good physical health, endurance , tolerance to long-acting psychophysical overloads, high performance, have high level of mental, emotional stabilitywhich should be considered as the most importantfactors of their professional suitability.

Necessary qualities of a law enforcement officer are independence and a responsibility. Thus, the investigator makes all decisions on the implementation of investigative actions independently, except in cases where the law provides for obtaining a sanction from the prosecutor, and bears full responsibility for their legal and timely conduct. The procedural independence of the investigator, prosecutor, judge, within the limits determined by law, implies a high level of responsibility, strong-willed qualities and organizational skills.

Ability to work with peoplethe most important quality that a lawyer should have.Establishment of official and interpersonal contacts with representatives of various state bodies, accounting for individual psychological features participants in legal relations, the ability to maintain a favorable psychological climate in the work team, permit conflict situations demand from a lawyer personalhigh level of communication skillsand compliance with the rules of business ethics.

In many cases communication how a special type of professional activity acquires an independent character for a lawyer, for example, in a situation of interrogation during a preliminary investigation or in a court session, when a verdict is passed by a court in a deliberation room, during public speaking in front of a judicial audience, during meetings with representatives of the funds mass media. Whereinprofessional communicationas one of the components of legal activityshould be considered not only as the actual exchange of information, the formal side of communication, but also as a process of interpersonal interaction - the informal side. The ability to establish interpersonal (psychological) contacts with various participants in communication, communicative competence are qualities that greatly affect the efficiency of lawyers' work, one of the most important factors in their professional suitability.

The balance of these aspects of the professional activities of lawyers requires them tohigh level of professional adaptation, personal integration, social maturity; neuropsychic, emotional and volitional stability; intellect, flexible creative thinking; courage, decisiveness, self-confidence, ability to take responsibility for decisions, persistence with a high level of self-criticism.

To personality traits, which forms the specified factor,should include:high level of legal awareness, honesty , civil courage, conscience , integrity and intransigence in the fight against violations of law and order, obligation , conscientiousness, diligence, discipline. Evidence of the professional unsuitability of a lawyerpolar opposites:immorality, dishonesty , irresponsible attitude to work, indiscipline.

Determination of ways to improve the efficiency and quality of law enforcement involves a comprehensive study of individual psychological characteristics, personality traits of a lawyer, their compliance with the requirements of the profession. Establishing clear links between these requirements and the properties of a lawyer's personality, identifying persons suitable for this activity in terms of their individual psychological qualities, underlie the optimization of the work of law enforcement officers.

Psychology belongsan essential place in the organization of all types of human activity. The patterns of the individual's psyche largely determine not only his ability to participate in public work, while performing a variety of functions depending on official or personal aspirations, but also his ability to carry out his work in accordance with his chosen profession. Exploring the patterns of human mental activity in connection with his professional affiliation (by necessity or by vocation), we find out its features that contribute, on the one hand, to the knowledge of the organizational foundations of the professional functions performed by the individual, and on the other hand, to improve the organization of this activity.

The study of psychological activity makes it possible to identify masterfully necessary mental characteristics persons involved in this work. Among them are:

Creative thinking;

sociability;

Volitional properties;

Organizational skills;

The ability to deal with negative emotions.

Now let's take a closer look at these psychological features of the lawyer's activities.

CREATIVE THINKINGis characterized by the search for unusual ways of establishing the truth and individual events in conditions where information about an event is absent or limited. Creative thinking is associated with the discovery of evidence, the identification of their causal cause to the crime, the promotion of versions - models of the past action. It is typical for situations arising from civil law disputes, where the establishment of separate ones does not fit into the framework of standard logical decisions. Creative thinking is acquired in the process of implementing all types of law enforcement activities, where the abundance of situations, their conflict nature, lack of sufficient information stimulate the development of the imagination, thereby ensuring the necessary activity of the investigator, judge, etc. At all stages of establishing the truth in a case.

COMMUNICABILITY- this is the ability of a person to establish psychological contact when communicating with different age and social groups of people. The establishment of psychological contact, otherwise called emotional contact, is a fundamental condition for any kind of communication, and even more so, the purpose of which is to obtain information necessary for making decisions in specific situations. The sociability of a person may be natural, due to the qualities of character and character, but most often it needs to be educated and developed. Legal activity in all its manifestations is associated with communication with people. And often in extreme conditions. And the function of communication comes to the fore, pursuing various goals. Therefore, a lawyer needs to know the methods of establishing psychological contact and use them for his own purposes in order to obtain good results.

LITERATURE:

Main:

1. Petrunya O.E. Legal Psychology: Textbook. M.: Ed. Center EAOI, 2007. 171 p.

Additional:

1. Zhalinsky A.E. Professional activity of a lawyer. Introduction to the specialty. Tutorial. - M.: Publishing house BEK, 1997.

2. Konovalova V.E. Legal psychology. - Kharkov: Consum, 1997.

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Legal psychology is one of the relatively young branches of psychological science. The first attempts to systematically solve certain problems of jurisprudence by the methods of psychology date back to the 18th century.

The history of science can be divided into three stages:

1. Early history legal psychology-18th century. and the first half of the 19th century.

2. The initial formation of legal psychology as a science - the end of the 19th century. and the beginning of the 20th century.

3. History of legal psychology in the 20th century.

Early history of legal psychology

Legal psychology, like the legs of other branches of psychological science, has gone from purely speculative constructions to scientific and experimental research.

One of the first authors who considered a number of forensic psychological aspects in the context of the idea of ​​humanism was M. M. Shcherbatov (1733-11790). In his writings, he demanded that laws be developed taking into account the individual characteristics of a person's personality; he was one of the first to raise the issue of parole from punishment. He positively assessed the labor factor in the re-education of a criminal.

Of interest are the works of I. T. Pososhkov (1652-1726), in which psychological recommendations were given regarding the interrogation of the accused and witnesses, the classification of criminals, and other issues.

A significant number of works on legal psychology appeared in Russia in the third quarter of the 19th century. These are the works of I.S. Barshev "A look at the science of criminal law", K.Ya. Yanovich-Yanevsky "Thoughts about criminal justice from the point of view of psychology and physiology", A.U. Frese "Essay on Forensic Psychology", L.E. Vladimirov "Mental characteristics of criminals according to the latest research" and some others.

In these works, thoughts were expressed about the purely pragmatic use of psychological knowledge in the specific activities of judicial and investigative bodies.

The psychological issues of evaluating testimonies also occupied the outstanding French mathematician Pierre Simon Laplace. In "Experiences in the Philosophy of the Theory of Probability", published in France in 1814, PS Laplace makes an attempt to give a materialistic interpretation of the question of the reliability of judicial decisions. He believed that this testimony is true, it adds up:

1. from the probabilities of the event itself, about which the witness narrates;

2. from the probability of four hypotheses regarding the interrogated person:

a) the witness does not make mistakes and does not lie;

b) the witness does not lie, but is mistaken;

c) the witness is not mistaken, but lies;

d) the witness both lies and makes mistakes.

Laplace's scheme is interesting as the first attempt to create a scientific method for evaluating evidence.

The study of the problems of forensic psychology for a long time did not go beyond these first attempts. In the second half of the 19th century not only the successful development of the natural sciences, but also the growth of crime in all the leading capitalist countries served as an impetus for the further expansion of forensic psychological research.

Formation of legal psychology as a science.

Late 19th and early 20th century associated with the intensive development of psychology, psychiatry and a number of legal disciplines (primarily criminal law). A number of scientists representing these sciences at that time occupied progressive positions (I.M. Sechenov, V.M. Bekhterev, S.S. Korsakov, A.F. Koni, etc.)

The development of psychology, psychiatry and law led to the need 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, as well as the introduction of these sciences into the course of legal education.

At the beginning of the 20th century in legal psychology are beginning to be used experimental methods research.

In the study of the psychology of crime investigation, a major step forward was the direct application of the experimental method of psychology. One of the creators of this method, the French psychologist Alfred Binet, was the first to experimentally study the question of the influence of suggestion on children's testimony. In 1900, he published a book entitled Suggestibility, in which a special chapter is devoted to the influence of suggestion on children's testimony.

In 1902, experiments to determine the degree of reliability of testimonies were carried out by the German psychologist William Stern. Based on his data, V. Stern argued that the testimony is fundamentally unreliable, vicious, since "forgetting is the rule, and remembering is the exception." Subsequently, Stern created a personalistic concept of memory, which had a pronounced idealistic character. According to this concept, human memory is not a reflection of objective reality, but acts only as its distortion for the sake of the selfish interests of the individual, his individualistic intentions, pride, vanity, ambition, etc.

Stern's report provoked a strong reaction from Russian lawyers. Professor O.B. became ardent supporters of V. Stern in Russia. Goldovsky and Professor A.V. Zavadsky and A.E. Elistratov. They independently conducted a series of experiments similar to those of V. Stern, and made similar conclusions.

However, it should be noted that not all lawyers and psychologists of that period shared a negative attitude towards testimonies. Among them, first of all, one should name the largest Russian lawyer A.F. Horses. At a meeting of the legal society of St. Petersburg University, A.F. Koni delivered a standalone report on the same issue, which was essentially a response to unsubstantiated allegations of the unreliability of witness testimony.

The development of the sciences, including the sciences of social phenomena, gives rise to the desire to understand the causes of crime, to give a scientific justification for the activities social institutions involved in its prevention. Thus, already in the 19th century. a new approach to solving this problem begins to take shape, the essence of which is the desire to uncover the causes of criminal behavior and, on their basis, draw up a program of practical activities to combat crime and crime.

History of legal psychology in the 20th century.

Late 19th century - early 20th century characterized by the sociologization of criminological knowledge. The causes of crime as a social phenomenon began to be studied by sociologists J. Quetelet, E. Durkheim, M. Weber, and others, who, using the method of social statistics, overcame the anthropological approach in explaining the nature of criminal behavior, showing the dependence of deviant behavior on social conditions. For their time, these works were certainly a progressive phenomenon.

A distinctive feature of modern criminological knowledge is a systematic approach to the consideration and study of the causes and factors of deviant behavior, the development of the problem at the same time by representatives of various sciences: lawyers, sociologists, psychologists, physicians. This, in turn, makes it possible to approach the practice of crime prevention in a comprehensive manner.

Modern biological criminological theories explain the nature of criminal behavior, not as naively as before. They build their arguments on the achievements of modern sciences: genetics, psychology, psychoanalysis. For example, one of the sensations in 1970 was the discovery of the so-called Klinefelter's syndrome: chromosomal disorders of type 74XVV with a normal set of chromosomes in men among criminals are 36 times more common.

The theory of chromosomal anomalies, as once the anthropological theory of crime, with a more thorough study, did not find its confirmation and was subjected to serious justified criticism.

Currently, socio-psychological theories of crime occupy a large place in Western criminology. Social psychologists in the United States, who adhere to these theories, have carried out a number of rather original attempts to explain the ways in which a delinquent subculture is formed among minors.

The development of domestic legal psychology at the beginning of the Soviet period was facilitated by a great public interest in the administration of justice, the legality of the personality of the offender, etc. The country began to search for new forms of crime prevention and re-education of offenders. Legal psychology has taken an active part in solving these problems. In 1925, for the first time in the world, the State Institute for the Study of Crime and the Criminal was organized in our country. During the first five years of its existence, this institute published a significant number of works on legal psychology.

Interesting research was conducted by psychologist A.R. Luria in the laboratory of experimental psychology, established in 1927 at the Moscow Provincial Prosecutor's Office. He studied the possibilities of using the methods of experimental psychology to investigate crimes and formulated the principles of operation of the device, which later received the name "debunker of lies" (bark detector).

A significant contribution to the development of legal psychology of that time was made by such well-known specialists as V.M. Bekhterev and A.F. Koni.

Special attention should be paid to the research of A. S. Tager, who did a lot for forensic psychology in general and for the psychology of witness testimony in particular. He believed that the criminal process is a genuine research process and that the formation and study scientific foundations its premises cannot fail to provide significant material for lawmaking.

At the Moscow State Institute of Experimental Psychology (now the Institute of Psychology of the Russian Academy of Sciences) A.S. Tager led experimental work on the psychology of testimony. He compiled a research program that covered the formation of witness testimony from the process of perceiving facts and phenomena in various situations to their procedural consolidation. Tager was looking for forms of research that reveal the features of the formation of evidence, taking into account the psychological skills of witnesses, depending on the profession, age, and emotional state.

In the works of that period, the personality of the offender was actively investigated. This had its positive sides, as it allowed to accurately and correctly qualify the committed crimes, taking into account all the objective and subjective aspects.

It should be noted that at that time in psychological practice there were no effective scientifically based methods for a comprehensive study of personality, and therefore the expert problem could not be solved. The level of practical psychology at that time still lagged behind legal practice.

One of the particular tasks of the judicial and investigative process is the assessment of the personality of the accused, victim or witness. The task of an expert psychologist may include a general psychological characteristic of a person (psychological portrait). An expert, on the basis of his professional knowledge, reveals such properties and qualities of a person that make it possible to draw a conclusion about his psychological appearance. But expert activity, in contrast to the activity of the court and the investigation, is not of a social and evaluative nature, but is based on scientifically substantiated provisions of psychology.

For example, in Germany, Poland, the Czech Republic, the general psychological characteristics of a person is a necessary component of any type of forensic investigation. A significant place in the activities of expert psychologists in these countries is occupied by juvenile delinquents in order to determine their ability to bear criminal responsibility. According to German law, when considering each case of unlawful acts of minors, it must be established whether the minor can be held criminally responsible for his acts.

Currently, in our country in the field of legal psychology, a lot of research is being carried out in the following main areas:

General questions of legal psychology (subject, system, methods, history, connections with other sciences)

Legal consciousness and legal psychology

Professiograms of legal professions, psychological characteristics of legal activity

Criminal psychology, psychology of the criminal and crime

Psychology of preliminary investigation

Psychology of criminal justice

Forensic psychological examination

Psychological characteristics of juvenile delinquents

Correctional labor psychology

Ethics and psychology of legal relations in the field of entrepreneurial activity

Psychological patterns of the emergence and development of the "shadow economy"

Psychology of organized crime, etc.

What is the essence of the scientific methodology of P.S. Laplace?

When did legal psychology take shape as an independent scientific discipline?

What is the essence of the use of experimental research methods?

name distinguishing feature modern criminological knowledge?

What major theories of crime developed in the 20th century?

Criminal process according to A.S. Tageru is...?

List the main areas of research in the field of legal psychology?

Literature:

Legal psychology, V.L. Vasiliev (pp. 19-33)

Legal psychology (JP)) has a long historical path of development of scientific knowledge that explains the causes of crime and outlines scientifically based approaches to solving this social problem.

In the development of SP, several main stages can be conditionally distinguished:

  • 1. Early history of the UP - XVIII century. - first half of the 19th century
  • 2. The formation of UP as a science - the end of the 19th century. - beginning of XX century.
  • 3. The creation of the UP at the beginning of the 20th century, when conceptual scientific psychological theories were put in its basis.
  • 4. New and recent history YUP XX-XXI centuries.

Let us first dwell on the development of this science in foreign countries. The first works on the use of psychological knowledge in criminal proceedings began to appear in Germany at the end of the 18th century. In the works of K. Eckartshausen "On the need for psychological knowledge in the discussion of crimes" (1792) and I. Schaumann "Thoughts on criminal psychology" (1792), an attempt was made to psychologically consider the personality of the criminal. In 1808, the work of I. Hofbauer "Psychology in its main applications to judicial life" was published, and in 1835 - the work of I. Fredreich "Systematic Guide to Forensic Psychology", which also considered the psychological aspects of the personality of the criminal, criminal justice, an attempt was made to use the data of psychology in the investigation of crimes. The intensive development of foreign legal psychology began at the end of the 19th century. in connection with the development of experimental psychology, as a result, 5 main areas of research were formed:

  • 1) criminal psychology;
  • 2) psychology of testimonies;
  • 3) the psychology of diagnostic methods (“involvement”), i.e. establishing the guilt of the suspect and the accused;
  • 4) psychological examination;
  • 5) the psychology of investigative and judicial activities as a profession (“psychotechnics”).

Well-known lawyers and psychologists - G. Gross, A. Binet, V. Stern, K. Jung, M. Wertheimer - were involved in this kind of research.

At the beginning of the XX century. The Swiss psychologist E. Claparede introduced the concept of “legal psychology” into scientific use, which characterized the actively developing applied branch of psychology that studies the manifestation and use of general psychological mechanisms and patterns in the sphere of relations regulated by law. In the 20-30s. 20th 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. At that time, 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, Hugo Münsterberg, his followers sought to develop a psychological one. In the 30-70s. both theoretical developments and versatile approaches in creating tools for psychodiagnostics, psychocorrection and psychotherapy, which were quite actively used and are still being used in legal psychology, received further multifaceted development.

The development of legal psychology in Russia has a complex and controversial history and is conventionally divided into several periods:

  • 1. The development of legal psychology in Russia at the beginning of the century (until 1917);
  • 2. The period of development of Soviet legal psychology (until 1991);
  • 3. Post-Soviet period of development of the SP (from 1991 to the present).

In Russia, I.T. Pososhkov, who proposed various ways of interrogating the accused and witnesses in The Book of Scarcity and Wealth. However, it did not have any influence on criminal proceedings, since at that time the search (inquisitorial) process dominated, which did not require the use of psychological knowledge. Criminal proceedings were based on a secret, written process, on the desire to obtain a confession from the accused at any cost, including with the help of the most sophisticated, brutal torture.

The development of domestic legal psychology intensified after the judicial reforms of the 60s. XIX century. In 1863, a textbook by B.L. Spasovich "Criminal Law", which uses a large amount of psychological data. And in 1874, the first monograph on forensic psychology was published in Kazan, written by A.A. Frese, Essays on Forensic Psychology. Both books had a significant impact on the development of forensic psychology in Russia.

In 1907, on the initiative of V.M. Bekhterev, the Scientific and Educational Psychoneurological Institute was created, the program of which included the development of the course "Forensic Psychology". In 1909, the Criminological Institute was established within the framework of this institute. Professional psychologists began to deal with forensic psychology, and since that time it began to develop in Russia as an independent applied branch of psychology. In forensic psychology, a range of its own specific problems is outlined - the study of the psyche of criminals, witnesses and other participants in the criminal process, the diagnosis of lies, etc. In 1912, V. Bekhterev's fundamental work "The Objective-Psychological Method as Applied to the Study of Crime" was published. Psychologists (A. Nechaev, D. Zavadsky and others) were actively involved in forensic psychological research.

Thus, the main directions of development of the UP were formed:

The first direction, as in the West, is criminal psychology.

The second direction - the development of forensic psychology in Russia - is the study of the psychology of testimonies. The works of many authors proved the impossibility of obtaining objective, reliable information from witnesses.

The third direction is forensic psychological examination. The first reference to the use of psychological knowledge in legal practice dates back to 1883 and is associated with an investigation of rape, in which the Moscow notary Nazarov was accused, and the actress Cheremnova was the victim. The subject of the examination was the mental state of the actress after her debut: the first performance in the play led her to such a breakdown that she was unable to show any physical resistance to the rapist.

The fourth direction is connected with the study of the problems of increasing labor productivity, which led to the intensification of research on the psychology of labor (psychotechnics), which began to be carried out on the study of the psychological characteristics of the investigator's activity (the psychology of investigative activity).

Interest in legal psychology increased sharply in the first years after the revolution, the psychological prerequisites for crime and the psychological aspects of its prevention began to be studied. Forensic (criminal) psychology is becoming a recognized and authoritative branch of knowledge. Already at the First All-Russian Congress on Psychoneurology in 1923, a section of criminal psychology was working. In 1930, the 1st congress for the study of human behavior was held, at which the section of forensic psychology worked. However, at that time, major biologization mistakes were also made, the sharp criticism of which in the early 1930s, as well as the subsequent legal voluntarism, led to an unjustified cessation of forensic psychological research. No psychological research in the field of law was allowed. And only in the 60s. of the last century, applied psychological research gradually began to unfold to ensure effective law enforcement activities. In 1964, a special resolution of the Central Committee of the CPSU "On the further development of legal science and the improvement of legal education in the country" was adopted, in accordance with which already in the next academic year in the training program for lawyers in higher educational institutions the course "Psychology (general and judicial)" was introduced. In 1968, in the structure of the All-Union Institute for the Study of the Causes and Development of Crime Prevention Measures (at the Research Institute of the Prosecutor General's Office), a psychology sector was created under the guidance of Professor A.R. Ratinov, who at that time led the revival of legal psychology in our country. His fundamental work "Forensic Psychology for Investigators" (1967) and a number of publications on methodological issues of legal psychology laid the foundation for the development of modern Russian legal psychology. At the congresses of the psychological society of the USSR, a section of forensic psychology began to function. In 1974, the Department of Psychology was organized as part of the Academy of the Ministry of Internal Affairs of the USSR. In the All-Russian Research Institute of General and Forensic Psychiatry. V.P. Serbsky organized a psychology laboratory. Extensive research on forensic psychological examination began. Significant changes that took place in the 1970s and 1980s required appropriate transformations in the training of legal personnel. Teaching legal psychology in law schools has become one of the main means of humanitarian reorientation of lawyers. Designed learning programs, textbooks and study guides made it possible to normalize the teaching of general and legal psychology in law schools, to form legal psychology as academic discipline. Its scientific and methodological foundations are also being intensively formed.

The changes taking place in our country opened up access to information necessary for the further development of all sciences, incl. and legal psychology, and over the past decades have a wide range. This is not only a psychological study of the profession of an investigator, a judge, the psychology of operational-investigative activities, the psychology of inquiry and investigation, the problems of forensic psychological examination, but also an in-depth study of the personality of a criminal, the motivation of criminal behavior, the psychological aspects of crime prevention, the psychology of corrective labor institutions, psychological conditions the effectiveness of legal norms, the psychology of legal proceedings, lawful behavior, etc.

Positive changes are observed in terms of organization scientific research. These processes testify to the exit of legal psychology in Russia at the present time to a new stage of development. At present, there are a significant number of specialized scientific centers and academic institutes where purposeful research is being carried out on the problems of legal psychology.