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| Enikeev legal psychology online. Enikeev M.: Fundamentals of General and Legal Psychology. Textbook. Legal psychology. A short training course. |
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Foreword. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .3 Legal psychology: Short training course / M.I. Enikeev. - M .: NORMA, 2008 .-- 256 p.: 84x108 1/32. - (Short training courses in legal sciences). (cover) ISBN 978-5-89123-550-2 - Access mode: http: // site / catalog / product / 142689 read978-5-89123-550-2 The book is part of the collection:Enikeev Marat IskhakovichLegal psychology: Textbook / Enikeev M.I. - M .: Yur.Norma, SRC INFRA-M, 2016 .-- 512 p .: 60x90 1/16 (Hardcover) ISBN 978-5-91768-387-4 - Access mode: http: // site / catalog / product / 534796 read978-5-91768-387-4 The textbook corresponds to the curriculum for universities. It examines the content and main problems of legal psychology, legal psychology. Particular attention is paid to the psychological aspects of organized crime. The issues arising during the preliminary investigation and trial are analyzed. Penitentiary psychology and psychology of civil legal regulation and civil proceedings are investigated. The publication contains a glossary of terms of general and legal psychology. For students, graduate students and teachers of law and other humanitarian universities and faculties. The book is part of the collection:
Enikeev Marat Iskhakovich: Textbook / Enikeev M.I. - M.: Yur.Norma, Research Center INFRA-M, 2018 .-- 448 p. - Access mode: http: // site / catalog / product / 945542 read978-5-91768-750-6 The book is part of the collection:
Enikeev Marat IskhakovichLegal psychology. With the basics of general and social psychology: Textbook for universities / M.I. Enikeev. - 2nd ed., Rev. - M .: NORMA: INFRA-M, 2010. - 640 p .: ill .; 60x90 1/16. (hardcover) ISBN 978-5-89123-966-1 - Access mode: http: // site / catalog / product / 211307 read978-5-89123-966-1 Enikeev Marat IskhakovichLegal psychology: Textbook for universities / M.I. Enikeev. - M .: NORMA, 2008 .-- 512 p .: 60x90 1/16. (hardcover) ISBN 978-5-89123-258-7 - Access mode: http: // site / catalog / product / 151755 read978-5-89123-258-7 Enikeev Marat IskhakovichFoundations of Legal Psychology: Textbook / Enikeev M.I. - M.: Yur.Norma, SRC INFRA-M, 2016 .-- 448 p .: 60x90 1/16 (Hardcover) ISBN 978-5-91768-750-6 - Access mode: http: // site / catalog / product / 557372 read978-5-91768-750-6 The textbook fully complies with the state educational standard for the discipline "Legal Psychology". The textbook details the foundations of legal psychology; the basic concepts of legal, criminal and forensic psychology, the psychological characteristics of criminals of various categories, the psychology of the cognitive-search activity of the investigator, the problems of establishing psychological contact with the participants in criminal and civil proceedings. For students, teachers of law schools, law enforcement officials, as well as for those who are interested in the problems of applied psychology. Enikeev Marat IskhakovichFoundations of Legal Psychology: textbook / M.I. Enikeev. - M .: NORMA, 2009 .-- 448 p.: 60x90 1/16. (hardcover) ISBN 978-5-468-00253-7 - Access mode: http: // site / catalog / product / 160629 read978-5-468-00253-7 Enikeev Marat IskhakovichEnikeev, M.I. General and social psychology: textbook / M.I. Enikeev. - 2nd ed., Rev. and add. - Moscow: Norma; INFRA-M, 2010.-640 p. - ISBN 978-5-91768-086-6 (Norm); ISBN 978-5-16-004118-6 (INFRA-M). - Text: electronic. - URL: http: // site / catalog / product / 220529 read978-5-91768-086-6 The textbook corresponds to the university curriculum of the course "General and Social Psychology", meets modern didactic and methodological requirements. It reveals a system of general psychological and socio-psychological concepts; the essence of the psyche, mental image; classification of mental phenomena, patterns cognitive processes and mental states; personality psychology, its behavioral characteristics in a social environment. Special parts are devoted to social psychology and historical development psychology. The book contains a dictionary psychological terms... The textbook is focused on the problems of legal regulation and legal activity, providing general psychological training in the study of legal psychology. For students, graduate students and teachers of humanitarian universities, as well as for a wide range of readers interested in psychology. Approved by the Ministry of Education and Science of the Russian Federation as a textbook for university students educational institutions, studying in the specialty "Jurisprudence" Antonyan Yuri MiranovichAntonyan, Yu.M. Psychology of the criminal and crime investigation[Electronic resource] / Yu. M. Antonyan, MI Enikeev, VE Eminov. - M .: Jurist, 1996 .-- 336 p. - ISBN 5-7357-0120-7. - Access mode: http: // site / catalog / product / 463008 readFor the first time in a combined form, the book gives a detailed psychological characteristic of the personality of a criminal, the psychology of criminal behavior and the psychology of crime investigation. The proposition that the origins of criminal behavior lie in early childhood and are formed throughout life is substantiated. Particular attention is paid to the psychological alienation of the child from the parents, and then the adult from society and his values. Topical issues of the psychology of investigative activity, the psychology of interrogation, examination of the scene, confrontation, search and other investigative actions are described. The results of some psychological studies are described. The work is designed for law enforcement officers, students, graduate students and teachers of law schools, psychologists, for everyone who is interested in the problems of combating crime in our country. The book is part of the collection:
Antonyan Yuri MiranovichAntonyan, Yu.M. Psychology of crime and punishment[Electronic resource] / Yu. M. Antonyan, MI Enikeev, VE Eminov. - M .: Penates - Penates, 2000 .-- 451 p. - Access mode: http: //www.site/ readThe book is the first attempt to consider the psychology of the criminal and criminal behavior in combination with the psychology of the execution of punishment, disclosing their unity in order to increase the effectiveness of the fight against crime. For the first time, new psychological data on the offender and the subjective sources of his criminal activity are being published. Particular attention is paid to the psychology of the participants in the criminal process and the psychology of investigative actions in the general criminological context of crime and punishment. Undoubted interest of the readers will be aroused by the questions of the penitentiary psychology of the execution of punishment and correction of criminals, as well as the glossary of terms. The book is part of the collection:
§ 11. Psychology of interrogation of witnessesThe subject of interrogation of witnesses is the establishment of reliable information about the nature of the event being investigated, about the circumstances in causal links with this event, obtaining information that allows you to verify and evaluate the existing evidence and identify sources of new evidence. In criminal proceedings in Russia, any citizen can be a witness if he knows the circumstances of the case under investigation or data characterizing the personality of the accused. Only the closest relatives of the accused have investigative immunity. The most psychologized aspects of interrogating witnesses are assessing the truth of their testimony, diagnosing false testimony, overcoming perjury, and providing mnemonic assistance. Witnessing is often associated with acute conflict life situations, different positions of witnesses in relation to the values protected by law, various moral and civic qualities of the individual. "Witnesses carry an occasional duty, always more or less burdensome, most of them get lost in an unusual environment. Some witnesses get annoyed and, feeling that they are being caught in words, become rude and take a defiant tone, most are lost and morally suffering. the mood of the witnesses; you need to mentally take their place, being able to return calmness and self-control to one, to maintain vigor in others. " All witnesses in one way or another relate to the criminal event, the personal qualities of the accused and the person conducting the investigation. Being in a certain social microenvironment, they usually share the attitudes of this environment. Direct pressure on them from interested parties is also possible. Each witness has one or another model of the event being investigated. The law obliges the witness to give truthful testimony. However, the warning of the investigator about the criminal liability of the witness for refusing to testify and for giving false testimony should not be perceived by the witness as the need to give them the testimony pleasing to the investigator. This warning should sound like a call for the witness to fulfill his civic duty - consciously, conscientiously and voluntarily to promote an objective and full disclosure and investigation of the crime. The testimony of witnesses can be direct, based on the direct perception of circumstances essential for the case (this category of witnesses is called eyewitnesses) and derivative (indirect), based on the reports of other persons (with the obligatory message of the source of information). The content of evidence can be both evidence and value judgments. Value judgments inevitably arise when a witness characterizes individual mental qualities of the personality of the accused (suspect) and the victim. At the same time, the personality-attitudinal position of the witness, his social-perceptual stereotypes are often manifested (the offender looked like "an intelligent person - he was wearing glasses and a hat"). Only the statements of the witness about the facts have evidentiary force. However, facts are reproduced in the form of judgments and inferences. Eyewitnesses' perception of a perceived event is always already the true circumstances, which are essential for the investigation. The true setting of the events of the incident is recreated by the investigator on the basis of an analysis of a number of testimonies, removing possible subjective layers from them. Only the investigator's knowledge of the psychological nature of figurative representations, the factors influencing their personal reconstruction, allows him to give an adequate assessment of the testimony of the witness. Witnesses who are able to provide the most reliable information are subject to questioning first. This is determined by the level of mental development of witnesses, their position in relation to justice, as well as the mental state when perceiving the relevant circumstances: the content of the activity at the time of the incident, the selective orientation of perception, the level of personal and professional sensitivity, the degree of adaptation to the physical conditions of perception. It is inappropriate to notify a witness about the interrogation long before it is carried out. The expectation of interrogation creates appropriate attitudes and causes an intensive reconstruction of imagery. Attempts to replenish their "witness stock" from additional sources are not ruled out either. Persons who, due to physical and mental disabilities, are not able to correctly perceive the circumstances that are relevant to the case and give correct testimony about them, cannot be interrogated as witnesses. Along with duties, a witness has a number of essential rights. The totality of duties and rights determines his social and role status. Using his rights, the witness has the opportunity to actively participate in the process of establishing the truth in the case. He has the right to a free story, to read the relevant documents, to testify in his native language. The duty of a witness is to give truthful testimony. What is true testimony? In the legal literature, there are often statements that "truthful testimony is a person's message about the circumstances of a crime that corresponds to objective reality ...". Meanwhile, the testimony may be true, but not true, not true. People in the reflection of events can be mistaken, their reflection of reality, for a number of reasons, can be erroneous. And this so-called conscientious delusion cannot be punished by law. A witness is not obliged to prove the truthfulness, let alone the truth of his testimony. The investigator must, using verification actions, make sure that the testimony received is true. Testimony is subjective. They can be incomplete, inaccurate and even inadequate to reality. Assessment of testimony is one of the main professional duties of an investigator. Individual indications may be unexpected, beyond the scope of common sense, but they must be taken into account. In a number of cases, to assess the testimony of a witness, it becomes necessary to conduct an investigative experiment. Witness Z testified that on the night of the murder of the store manager G. at about 12 o'clock in the morning two fellow villagers, whom she recognized, entered his house, whom she observed from the porch of her house. The investigator doubted this. However, in the course of the investigative experiment, it was established that Z can see well at night. It is especially important that the testimony of the witness describes the specific actions of the accused and the suspect. Such general characteristics as "bully", "rowdy", etc. are not enough. Psychologically, testimonies (reproduction of previously formed impressions) are mental images of past events. Here, the correctness, adequacy of the process of perception, the peculiarities of preserving and reconstructing the formed images in the memory of a given person are essential. Also of great importance is the mnemonic and intellectual characteristics of this individual. Without resorting to an exposition of all the laws of memory, we recall that what is most firmly retained in memory is what causes an increased orientation reaction - strong physical stimuli (screaming, a flash of light, a loud unexpected voice, etc.), the beginning or end of any processes, actions, as well as everything that is covered by active actions, is significant for the subject, causes his emotional reactions. It should also be borne in mind that some people remember pleasant events better, while others - unpleasant events. Perceived events can be involuntarily reconstructed under the influence of subsequent influences. Thus, significant deformations in testimony can occur under the influence of the subsequent discussion of events, under the influence of public opinion, rumors, criminal sensations, messages through mass media channels. The involvement of a witness in the process of criminal proceedings gives him a special mental state, due to increased responsibility for his actions. The witness sensitively, often against a background of increased anxiety, reacts to the nature of the investigator's questions. His mental processes are becoming sharply selective. The witness does not extract information prepared in advance, but forms it. Having realized the question of the investigator, the witness first differentiates the material to be reproduced, evaluates it. Here, difficulties in remembering, translating the first-signal (directly sensory) information into the second-signal (speech) sphere are possible. The process of verbalization of 1 information, in turn, goes through two stages: first, folded, inner speech is carried out, speaking to oneself, and only then - expanded sound-speech communicative verbalization. The witness uses his own words, terms that may be inadequately interpreted by the investigator. A directly sensory image, transforming into a second-signal (verbal) image, is inevitably accompanied by a conceptual personality reconstruction. People describe the same phenomena in different ways, paying attention to their different sides. So, a real, objective event is subjectivized in the process of its perception, preservation and reproduction, in the course of its verbal formulation (Fig. 7). "Vocabulary and vocabulary formulas in an ordinary person is small, and this cannot but affect his testimony ... Much from the field of mental experiences is generally difficult to verbalize ... often even simple and ordinary processes are completely inaccessible for speech design ... " If the interrogation of eyewitnesses was postponed, the investigator must take into account the basic laws of remembering and forgetting. It should be borne in mind that the process of forgetting is especially intense during the first 3-5 days after the perception of the event. The time intervals of events, their dynamic and quantitative characteristics, the speech formulations of the communicating persons are especially quickly forgotten. A recombination can occur in the memory of the witness - what happened before or after him, and even what the witness then heard from other persons (suggested representation), can be attributed to actual events. Interrogation of eyewitnesses directly at the scene of the incident has a significant informational advantage. An unknown person, having met a citizen A. unfamiliar to him, tried to take his watch away from him. Having resisted, A. ran away from the offender, but at a distance of about 20 m the offender shot him several times with a revolver and disappeared into the gates of one of the houses. When examining the scene of the incident, eyewitnesses showed that the offender had fired at the fleeing A., some of them even remembered the place where dust was raised from the bullets falling to the ground. According to these testimonies, all revolving bullets were seized as material evidence. When assessing the testimony of eyewitnesses, the investigator must take into account not only individual, but also age, gender, ethnic and professional differences in perception and memorization, socio-psychological patterns of human perception by a person, mental states the individual and the peculiarities of his speech activity. In the free story stage, the investigator listens attentively and patiently to the witness without interrupting him. And only with full confidence that the witness is deviating from the essence of the case, can he ask him to adhere to the essence of the case. In the question-and-answer stage of interrogation, the investigator finds out the circumstances essential for the case, not touched upon by the witness in the free story, individual inaccuracies and contradictions; reminds the witness of certain aspects of the event being investigated. Each event during playback has its own modification. This originality depends on why it is remembered, under the influence of which issue it is actualized. During interrogation, some witnesses try to predict the desired answer for the investigator and formulate their testimony accordingly. This conformity is aggravated in the conditions of reflexive control of the behavior of the interrogated person on the part of biased investigators. (So, positive emotional reaction Investigator involuntarily forms a certain line in the testimony of the witness on the evidence of the indictment.) Leading questions, that is, questions that predetermine possible answers, are prohibited by the Criminal Procedure Law. Not only should the investigator's questions not contain a direct clue to the answer, they should not mention those images that may be included in the content of the answer. So, the investigator's question: "Was Petrov in this room?" inevitably activates the primary signal activity, the image of Petrov and the image of the indicated room appear in the mind of a person. There is only one step left before their connection, which can be subconsciously taken. And this step will be taken faster if the interrogated feels that a positive answer will please the investigator. As the German psychologist W. Guittern noted, during interrogation, the witness finds himself in that border zone where memory errors, the play of fantasy, the action of suggestion and obsequious lies can be woven into one knot. When interrogating persons with signs of increased suggestibility, it is necessary to explain to them the complete freedom of their expression of will, to note the investigator's interest only in the truth, and not in confirming any versions. The witness can tell the truth. But it can be difficult for him to tell the whole truth - to comprehensively, objectively cover the event. If what the witness saw is a ray of light in the darkness of the past, then the investigator's questions are the mechanism for controlling this ray. An accusatory or exculpatory bias of testimony should not pass by the attention of the investigator. A witness experiences a range of strong feelings both during the perception of events and during interrogation. These feelings greatly influence the "formatting" of testimony during interrogation. Sometimes false testimony is given in order to hide their unseemly behavior, for fear of revealing involvement in the event under investigation. Most often, false testimony is given in cases of rape, bodily harm, domestic hooliganism, and malfeasance. (This is due to the fact that these types of crimes, as a rule, exclude accidental awareness.) Many perjury are based on falsely understood humanism, family and professional ties, a "leader's halo," etc. In many cases, false testimony is given by witnesses associated with the accused and victims, one way or another involved in the case under investigation, relatives and acquaintances of the accused. They try to hide the truth in two ways: to distort it or keep silent about it (active and passive lies). Accusatory false testimonies usually appear in the form of active lies, exculpatory ones - in the form of silence, passive lies. Complex life conflicts, moral defects of personality can give rise to various motives of perjury: to eliminate an opponent, take revenge on the offender, shield a relative, acquaintance, etc. Initial testimonies are more truthful, while repeated testimonies are more often associated with pressure on a witness. However, the initially given false testimony is rarely changed later, since, on the one hand, it is difficult to admit to a lie, and on the other hand, the admission of false testimony threatens criminal liability. Perjury is a manifestation of personal interest in acute conflict situations. Passive perjury in most cases is associated with unwillingness to contact law enforcement, "to be involved". This can also be facilitated by shortcomings in the organization of the investigative process - repeated unreasonable calls, incorrect treatment, insufficient explanation of the significance civil position witness. Passive lies (silence) are sometimes associated with the unwillingness of the witness to talk about intimate relationships, describe indecent scenes, etc. In these cases, the witness should be reminded of his right to testify in writing. Accidental error should be distinguished from false readings. Diagnosing erroneousness in the testimony of witnesses and overcoming it is the central psychological problem of interrogating witnesses. It is necessary to clarify in detail the conditions for the perception of events by a witness, his sensory and orientational-evaluative capabilities. Thus, during the investigation of the case of the collision of two ships at night, a passenger who was on the upper deck of one of the ships during the collision was interrogated as a witness. When asked from which side the ship was approaching, he replied: "The oncoming ship was heading straight for us." This contradicted the facts revealed during the inspection of the vessel and its damage. To clarify and eliminate the contradiction that has arisen, Security Question: What lights did the witness see on the oncoming ship? The answer was green. This answer was again verified by the question: did the witness see a red light on the oncoming ship? The answer was negative. So, the witness saw only green light - the starboard light and did not see the red light, that is, the port side light. This allowed us to conclude that the ship with which the collision occurred was crossing the course of another ship at a certain angle. When interrogating a witness, it is important to find out his evaluative capabilities ("why does he think so?"), His ability to analyze, compare, make correct conclusions and generalizations. In some cases, it is possible to appoint a forensic psychological examination. In some cases, the erroneousness of the testimony is revealed and eliminated by the presentation of material evidence or visual material: graphic images, diagrams, plans, drawings, natural objects, models, photographs, as well as through other investigative actions. 1 From lat. verbalis - oral, verbal The text is taken from the psychological site http: //psylib.myword.r u Good luck! Yes, and will be with you .... :) The site psylib.MyWord.ru is the premises of the library and, on the basis of the Federal Law of the Russian Federation "On Copyright and Related Rights" (as amended by Federal laws from 07.19.1995 N 110-FZ, from 20.07.2004 N 72-FZ), copying, saving on a hard disk or any other method of saving works located in this library, in an archived form, is strictly prohibited. This file is taken from open sources. You must have obtained permission to download this file from the copyright holders of this file or their representatives. And, if you have not done this, you bear all responsibility in accordance with the current legislation of the Russian Federation. The site administration does not bear any responsibility for your actions. M. I. Enikeev Legal psychology With the basics of a common and social psychology Textbook for universities Publishing house NORMA Moscow, 2005 UDC 159.9 (075.8) BBK 88.3я73 Enikeev M.I. E63 Legal Psychology. With the basics of general and social psychology: Textbook for universities. - M .: Norma, 2005 .-- 640 s: ill. ISBN 5-89123-856-X In the textbook, in accordance with the curriculum, the basic concepts of general, legal, criminal and forensic psychology are revealed. Unlike other similar publications, it provides a detailed description of the general psychological foundations of legal psychology, reveals the psychological characteristics of criminals of various categories, the psychology of the investigator's cognitive search activity in information-deficient situations; the problems of establishing psychological contact with participants in criminal proceedings are considered in detail. For the first time, a chapter on the psychology of civil proceedings was introduced into the textbook. For students, teachers of law schools, law enforcement officials, as well as those who are interested in the problems of general and applied psychology.
§ 2. Interrelation of three levels mental activity person: unconscious, subconscious
Foreword Textbook “Legal Psychology. With the basics of general and social psychology ", a well-known specialist in the field of general and legal psychology, Doctor of Psychology, Professor MI Enikeev, fully corresponds to the curriculum of the course" Legal Psychology ". It has been widely tested in many years of teaching practice, both in the Moscow State law academy(Moscow State Law Academy), and in other legal educational institutions. This textbook is distinguished by deep modern scientific content, systematicity, accessibility and thorough didactic elaboration. It consistently reveals the main problems of legal, criminal and forensic psychology. The book equips students with the necessary professional knowledge on the legal socialization of the individual, psychological characteristics criminals of various categories, psychology of cognitive-search activity in information-deficient initial situations. The author comprehensively examines the problems of establishing psychological contact with participants in criminal and civil proceedings, systematizes the methods of lawful mental impact on persons who oppose the investigation of crimes, examines the subject and reasons for the significance of a forensic psychological examination. The topics "Psychology of Terrorism and Mass Riots", "Social and Psychological Aspects of Crime", "Social and Psychological Aspects of the Activities of Lawyers' Associations" and others considered in the textbook are especially relevant. Unlike other similar publications, this textbook contains a detailed presentation of the general psychological foundations of legal psychology. It examines the psychology of not only criminal proceedings, but also civil law regulation. This book is largely the result of long scientific research author who were embodied in his doctoral dissertation "The System of Categories of Legal Psychology" and in a number of other cardinal scientific works. Professor M.I.Enikeev developed a number of fundamental scientific problems that are essential for criminology and criminology, - factors of determination of criminal behavior, psychology of the personality of a criminal, psychological foundations of the general theory of investigation and forensic diagnostics, psychology of individual investigative actions, issues of forensic psychological examination, etc. dr. M. I. Enikeev is the co-author of the well-known book "The Psychology of Crime and Punishment" (Moscow, 2000). M. I. Enikeev stood at the origins of the formation of legal psychology as a science and academic discipline... His first work, Forensic Psychology, was published in 1975. Ministry of Higher Education The USSR approved the first curriculum compiled by it for the course "General and Legal Psychology", and the publishing house "Legal Literature" published the first systematic textbook "General and Legal Psychology", approved by the Ministry of General and vocational education... Subsequent textbooks by M.I. Enikeev were continuously improved in scientific and methodological aspects. The textbook offered to the reader can be fully recognized as the basic one for law schools. It will be useful and interesting not only for students and teachers, but also for law enforcement officials. V. E. Eminov, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation, Head of the Department of Criminology, Psychology and Penal Law Moscow State Law Academy Textbook “Legal Psychology. With the basics of general and social psychology ", a well-known specialist in the field of general and legal psychology, Doctor of Psychology, Professor MI Enikeev fully corresponds to the curriculum of the course" Legal Psychology ". It has been widely tested in many years of teaching practice both at the Moscow State Law Academy (MSLA) and in other legal educational institutions. This textbook is distinguished by deep modern scientific content, systematicity, accessibility and thorough didactic elaboration. It consistently reveals the main problems of legal, criminal and forensic psychology. The book equips students with the necessary professional knowledge on the legal socialization of the individual, the psychological characteristics of criminals of various categories, the psychology of cognitive-search activity in information-deficient initial situations. The author comprehensively examines the problems of establishing psychological contact with participants in criminal and civil proceedings, systematizes the methods of lawful mental impact on persons opposing the investigation of crimes, examines the subject and reasons for the appointment of a forensic psychological examination. The topics "Psychology of Terrorism and Mass Riots", "Social and psychological aspects of crime", "Social and psychological aspects of the activities of lawyers' associations" and others considered in the textbook are especially relevant. Unlike other similar publications, this textbook contains a detailed presentation of the general psychological foundations of legal psychology. It examines the psychology of not only criminal proceedings, but also civil law regulation. The presented book is largely the result of the author's long-term scientific research, which was embodied in his doctoral dissertation "The System of Categories of Legal Psychology" and in a number of other cardinal scientific works. Professor M.I.Enikeev developed a number of fundamental scientific problems that are essential for criminology and forensic science - the factors of determination of criminal behavior, the psychology of the personality of the offender, the psychological foundations of the general theory of investigation and forensic diagnostics, the psychology of individual investigative actions, issues of forensic psychological examination, etc. MI Enikeev stood at the origins of the formation of legal psychology as a science and academic discipline. His first work "Forensic Psychology" was published in 1975. The USSR Ministry of Higher Education approved the first training program on the course "General and Legal Psychology", and the publishing house "Legal Literature" published the first systematic textbook "General and Legal Psychology", approved by the Ministry of General and Professional Education. Subsequent textbooks of MI Enikeev were continuously improved in scientific and methodological aspects. The tutorial suggested to the reader can be with good reason recognized as basic for law schools. It will be useful and interesting not only for students and teachers, but also for law enforcement officials. V. E. Eminov, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation, Head of the Department of Criminology, Psychology and Penal Law of the Moscow State Law Academy Introduction In our time, the study of man has grown into a general problem of the entire system of scientific knowledge. Outside of psychological knowledge, not a single branch of the humanities can develop. According to the laureate Nobel Prize I.R. Prigogine, all modern sciences must have a person by their measure. And it is quite obvious that jurisprudence is impossible without human studies. The study of legal psychology is possible only on the basis of knowledge of general and social psychology. It is impossible to understand the mental activity of the investigator without disclosing the essence, structure and laws of the thinking process, and interrogation of witnesses and other participants in the criminal process will be ineffective without knowledge of the laws of sensation, perception and memory. Meanwhile, the existing educational publications on legal psychology do not provide systematic knowledge of psychology, but are limited only to empirical psychological-figurative recommendations for organizing mainly criminal proceedings. The psychological foundations of civil legal regulation and other branches of law are not investigated. The author of this textbook tried to overcome the indicated drawbacks. It is widely believed among a significant part of lawyers that legal psychology is only an optional subject in legal education... Psychology is not yet comprehended as a conceptual source of law, as the main instrument for the implementation of law. But the whole historical paradigm natural law is nothing more than the recognition of the need to base the law on the natural laws of human behavior. However, in the interpretation of the role of psychology in legal regulation, unjustified psychologism (characteristic of L. Petrazhitsky's domestic psychological school of law) should not be allowed. Law in its essence is a socially determined phenomenon. It is designed to implement the basic social values of a given society through binding norms. In the mechanism of legal regulation, psychological problems come to the fore. Along with this, psychology cannot be viewed as a servant of law enforcement. The very theory of law and law enforcement is unthinkable without taking into account human psychology. Outside of psychology, it is impossible to form an idea of the legal entity essence of modern law. Knowledge of legal psychology is one of the indicators of the professional competence of a lawyer. The course "Legal Psychology" reveals the psychology of law enforcement and offensive behavior, the essential aspects of legal consciousness, determination and psychological mechanisms criminal behavior, the psychological foundations of the effective cognitive-search activity of the investigator in information-deficient initial situations, the psychology of the communicative activity of the investigator, the system of methods of lawful psychological influence on persons opposing the investigation of crimes, the psychology of individual investigative actions, the problem of fairness and effectiveness of criminal punishment, the psychological foundations of resocialization convicts, etc. Studying the general psychological foundations of legal psychology, it is necessary to extrapolate each complex psychological problems for a certain area of legal activity. So, for example, it is necessary to understand that the patterns of sensation and perception are of paramount importance for the evaluative activity of the investigator during the interrogation, and without knowing the patterns of memory, it is impossible to diagnose false testimony, to provide mnemonic assistance to the interrogated person. Studying the structure of a person's thinking in non-standard situations, the reader, in fact, already gets acquainted with the basics of heuristic thinking of an investigator, and getting acquainted with the psychology of an organization social group- prepares for assimilation, the psychology of group crimes. The entire course of legal psychology should be understood as the disclosure of the psychological side of the essence of law, legal regulation. Lawmaking itself cannot be effective without taking into account the psychology of its addressees, and it is impossible to understand and correctly assess the guilt of a violator of the law without identifying his motivational features. When investigating crimes in the face of opposition from interested "persons, the investigator must be armed with a scientifically grounded system of methods of lawful mental influence, and to appoint a forensic psychological examination, it is necessary to know the subject of this examination, the reasons for its mandatory and optional appointment. brief analysis Some problems of legal psychology, it becomes obvious that psychology for a lawyer is not a secondary, optional subject, but the basic basis of his professional competence. |
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