Psychology and Law

 Perspectives Concerning Psychology and Law

 (i)       Psychology and Law

(ii)       Psychology of Law

(iii)      Psychology in Law

According to Blackburn (1996) quoted by Kapardis,  (2010)

(i)    Psychology and Law – Joint effort of psychology and law for Psycholegal research related to offenders, lawyers, magistrates, judges and jurors.

(ii)       Psychology of Law - Psychological research into such issues as to why people obey/disobey certain laws and moral development.

(iii)      Psychology in Law - Specific applications of psychology within law.

 

Historical Background

          The legal system and its practices are based upon the logic and reasoning. Psychology provides psycho-behavioural context to the law. It means that the interpretation of law must be made in relation to the local social and cultural practices. This viewpoint led to the emergence of a purely interdisciplinary area commonly known as Psychology and Law. The emergence was the outcome of academic interest shown by the psychologists across the globe in the legal system in early 20th century. The psychologists who contributed in Psychology and Law are, Sigmund Freud, Hugo Munsterberg, J M Cattell, J B Watson, H E Burtt, A R Luria and several others. Initially legal system was reluctant to accept the role of psychology in jurisprudence.

          However, the considerable impact of eyewitness testimony on the law helped the psychology in gaining ground. It has travelled a long way to the present times where technology enabled research and scientific findings making significant contributions. In Indian context Prof C R Mukundan contributed by discovering a technique call Brain Electrical Oscillation Signature (BEOS).

India specific some important events: -

(i)        1968 – Lie detection division at Central Forensic Science Laboratory of CBI

(ii)       1989 – Court mandated first Narco-analysis

(iii)      2010 – Supreme court ruled that psychological test such as lie detection, narco-analysis, BEOS can be only be conducted by informed consent and outcomes can be used as evidence.

 

Definition

          Legal psychology is the scientific study of the effect of law on people; and the effect people have on the law. Legal psychology also includes the application of the study and practice of psychology to legal institutions and people who come into contact with the law (Ogloff, 2000).

 

          Psycholegal research involves applying psychology’s methodologies and knowledge to studying jurisprudence, substantive law, legal processes and law breaking (Farrington et al., 1979).

 

Meaning-cum-Introduction

          The Psychology and Law is not a specialized branch of either psychology, law or any other system affiliated with interpretation and implementation of law of land. Rather it is a eclectic field that encompasses the work of specialized branches of psychology. For example, take the case of jury selection, in this case the psychologist who is associated with social domain of psychology will be consulted.

          It has immense implications in jurisprudence in terms of providing consulting and advisory services. The popularity and wider applications of 5 stage peace model of investigative interview developed by psychologists attest to the significant role of psychology in law enforcement.

 

Contribution of Psychology in Law

          The different branches of psychology have immensely contributed in legal system. Some of them are: -

(i)        Cognitive Psychology (Eyewitness testimony)

(ii)       Social Psychology (Accused behaviour during trial)

(iii)      Clinical Psychology (Competency to stand trial)

(iv)      Developmental Psychology (Children testimony)

(v)       Biological Psychology (Polygraph)

(vi)      Industrial and Organizational Psychology (Workplace environment)

(vii)     Cyberpsychology (Cybercrime and cybercriminals)

(viii)    Criminal Psychology (Intention and process of crime)

(ix)      Forensic Psychology (Narco-analysis)

 

Why Law needs Psychology

(i)        Objective verification of legal rules.

(ii)       Framing of rules and laws which are based upon the psychological assumptions. 

(iii)      Validation or contradiction of assumptions made by courts related to rules of conduct and behaviour.

(iv)      The belief of the court that emotions have very little association with physiological functions of human body is erroneous (Cairns, 1935).

(v)       Relationship between psychology and evidence.

(vi)      Detection of lying (Aditi Sharma case use of EEG).

(vii)     Child’s custody in case of divorce (Sarika and Kamal Hassan case).

(viii)    Public perceptions and attitudes towards various penal sanctions (Nirbhaya case in 2012).

(ix)      Indoctrination of terrorists (on suicide mission) (Mudasir Ahmed Khan, mastermind of Pulwama attack, 2019).

(x)       Trial by media and its impact on juror judgment (Commander Nanavati case).

(xi)      For mediation, arbitration and negotiations.

(xii)     Psychological inputs help in fast tracking the investigations.

 

Present Situation

(i)        Most of crime investigation agencies of India have a dedicated department of Psychology.

(ii)       Many prominent lawyers are undertaking psychology course.

(iii)      Students in law degree courses are opting for this combination.

(iv)      Psycho-legal issues related to live-in-relationships are being addressed by psychology.

 

Scope for Students

Institutes that offer a degree or a diploma related to the Psychology and Law

 

(i)    National Forensic Sciences University, Gujarat offers MSc in Forensic Psychology,

(ii)       Raksha Shakti University (Gujarat),

(iii)      Institute of Forensic Science, Mumbai, and

(iv)     Lok Nayak Jayprakash Narayan National Institute of Criminology and Forensic Science.

(v)       NLSIU, Bangalore offers Psychology as the part of 5 years LLB course.

(vi)      University of Pune offers Post Graduate Diploma in Criminal and Forensic Psychology

(v)     
The inevitable use of Artificial Intelligence in our life is likely to create situations that may warrant the intervention of legal psychologists in the future.

 

References:

Cains, H. (1935). Law and Social Sciences. Read Books.

Farrington, D.P., Hawkins, K., & Lloyd-Bostock, S.M.A. (1979a). Psychology, Law and       Legal Processes. London: Macmillan.

Kapardis, A. (2010). Psychology and Law: A Critical    Introduction, (3rd Ed). 

Ogloff, J. R. P. (2004) - Taking Psychology and Law into the Twenty-First Century.       Springer.

Vaya, S. L. Forensic evidence in civil and criminal trial.           http://nja.nic.in/Concluded_Programmes/2017-18/

 

 

 

 

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