Formation of separate branches of legal psychology. Early history of legal psychology

Classification of methods

Legal psychology makes extensive use of various methods of jurisprudence and psychology to reveal the objective patterns it studies. These methods can be classified both in terms of goals and methods of research.
According to the objectives of the study, the methods of forensic psychology are divided into the following three groups.

METHODS OF SCIENTIFIC RESEARCH. With their help, they study the psychological patterns of human relations, regulated by the norms of law, and also develop scientifically based recommendations for practice - the fight against crime and its prevention.

METHODS OF PSYCHOLOGICAL IMPACT ON PERSONALITY.

These methods are used by officials involved in the fight against crime. The range of application of these methods is limited by the framework of criminal procedure legislation and ethics. They are aimed at achieving the following goals: preventing criminal activity, solving a crime and identifying its causes, re-educating criminals, adapting (adjusting) them to the conditions of normal existence in a normal social environment.

METHODS OF FORENSIC PSYCHOLOGICAL EXAMINATION.
Their purpose is the most complete and objective research conducted by an expert psychologist on the order of the investigating or judicial authorities. The range of methods used in this study is limited by the requirements of the legislation governing the production of expertise.
The main methods used by the methods of forensic psychological research are as follows:
method of psychological analysis of criminal case materials;
anamnestic (biographical) method;
methods of observation and natural experiment;
instrumental methods for studying individual psychological characteristics of a person.
The quality and scientific level of each specific examination of mental phenomena largely depends on the correct choice of research methods. An expert psychologist is not entitled to use insufficiently tested methods of psychodiagnostics in the course of an expert study. In some cases, when their use is extremely necessary for studying the subject of expertise, each new method should be described in detail in the POC report, indicating its diagnostic capabilities and measurement reliability data.
One of the methodological principles of the organization and conduct of the SPE is the use of the method of reconstructing the psychological processes and states of the subject in the period preceding the crime event, at the time of the crime and immediately after it, identifying the psychological characteristics and dynamics of these processes.
Some authors distinguish three stages in the formation of an antisocial act: a) the formation of a person with an antisocial orientation; b) formation in the subject of a specific decision regarding the commission of an antisocial act; c) the implementation of this decision, including the commission of an act and its harmful consequences. An expert psychologist is faced with the task of identifying psychological determinants at each stage. Decision-making is considered as a process of interaction of the personality traits of the subject, his attitudes, value orientations and motives of behavior with the features of the objective external situation in which he must act.
In the problem of personal conditioning of decisions regarding the commission of an antisocial act, the main question is what role individual properties of the psyche play and whether they regulate the decision-making process. Each personality is characterized by an individual combination of techniques to get out of the difficulty, and these techniques can be seen as a form of adaptation.
Psychological defense is a special regulatory system for stabilizing the personality, aimed at eliminating or minimizing the feeling of anxiety associated with the awareness of the conflict. The function of psychological defense is to protect the sphere of consciousness from negative, traumatic experiences. Among the protective mechanisms, such as fantasies, rationalizations, projections, denial of reality, repression, etc. can be observed. More complex forms of defensive reactions, manifested in simulative and dissimulative behavior, can be observed. Psychological defense mechanisms are associated with the reorganization of conscious and unconscious components of the value system.
Features of psychological protection are determined by individual psychological and age characteristics.
Thus, given the breadth and diversity of the tasks facing an expert psychologist, it is necessary not to study the personality of the subject at once, but to study the process of its development, analysis of the diversity of its manifestations in different conditions. None of the psychological methods guarantees the receipt of completely reliable and valuable data about the individual. An important aspect of a productive study of personality is the combination of data from standard and non-standard studies, a combination of experimental and non-experimental methods.
The specific methods of legal psychology include the psychological analysis of a criminal case. Particularly productive here is the study of the problem of decision-making (criminal psychology, investigative psychology, the psychology of the trial, the psychology of the victim, etc. are engaged in this).
The peculiarities of legal psychology, in particular, include special, exceptional conditions and circumstances in which the person under study is located: the victim, the criminal, the eyewitness. These conditions (criminogenic situation, criminal situation, investigative situation, etc.), in which a person acts, "reveal" such structures and qualities of it, which, under the conditions of ordinary research, are either very difficult to detect or not visible at all.
Relevant for legal psychology is the method of psychoanalysis, which contributes to a deeper and more comprehensive study of the personality, especially the sphere of the subconscious.
The psychoanalytic model involves consideration and understanding of the internal dynamics of the mental life of the subject: the struggle between various conscious and unconscious needs and motives of his behavior, the requirements of reality, as well as an analysis of his psychological defenses, the nature and typical manifestations of resistance, etc.
The psychoanalyst seeks to help the client realize his underlying problems. It is assumed that most of the difficulties in a person's life are caused by conflicts laid in the process of his development, and the goal of psychoanalysis is to help the person resolve the conflict. ^!
The goals of psychoanalysis are: the integration of conscious and unconscious components of the psyche; individuation as a process of spiritual maturation; awareness of the determining motives of one's behavior; awareness of one's own internal resources, talents, opportunities; development of mature relationships (care, responsibility); taking responsibility for one's behavior; improving the living conditions of others; development of ego functions; development of autonomy; development of the Self; productive being, activity, relationships, separation of internal and external reality; integration of past and present experience; clarification of the place of one's "I" among others; recognition of the value of the process of relations with oneself and the world; achievement of identity; overcoming isolation; the formation of basic trust, competence, intimacy; ego integration; emphasizing the uniqueness of each individual; awakening of social interest; understanding and shaping lifestyle. Psychoanalysis has become widespread in the study of the motives of criminal behavior, the true causes of complex conflicts, the definition, the degree of social neglect, etc.
| With regard to methods of research, forensic psychology has methods of observation, experiment, questionnaire method and interview method.

OBSERVATION METHOD. Its main value lies in the fact that in the process of research the normal course of human activity is not disturbed. At the same time, in order to obtain objective results, it is necessary to observe a number of conditions: to determine in advance what patterns are of interest to us, to draw up an observation program, to correctly record the results, and, most importantly, to determine the place of the observer himself and his role in the environment of the studied persons. Compliance with these requirements is very important for situations that are studied in forensic psychology. To record the results of observation, technical means can be used, primarily recording the speech of the observed on tape. In some cases, it is useful to apply photography and filming. Observation can be carried out not only by a research psychologist, but also by any official who needs to obtain relevant information in order to use the results of its analysis in the fight against crime.

EXPERIMENTAL METHOD. The use of this method reveals the dependence of the characteristics of mental processes on external stimuli acting on the subject. The experiment is structured in such a way that external stimulation is changed according to a strictly defined program. The difference between experiment and observation lies primarily in the fact that during observation, the researcher must expect the onset of one or another mental phenomenon, and during the experiment, he can deliberately cause the desired mental process by changing the external situation. In the practice of forensic psychological research, laboratory and natural experiments have become widespread.
The laboratory experiment is widespread mainly in scientific research, as well as in the conduct of forensic psychological examination. The disadvantages of the laboratory experiment include the difficulty of using technology in the conditions of practical activities of law enforcement agencies, as well as differences in the course of mental processes in laboratory and normal conditions. These shortcomings are overcome by using the method of natural experiment. First of all, this refers to the conduct of investigative experiments, the purpose of which is to test certain psycho-physiological qualities of victims, witnesses and other persons. In difficult cases, we recommend inviting a specialist psychologist to participate in the investigative experiments.

QUESTIONNAIRE METHOD. This method is characterized by the homogeneity of questions that are asked to a relatively large group of people to obtain quantitative material about the facts of interest to the researcher. This material is subjected to statistical processing and analysis. In the field of forensic psychology, the questionnaire method has become widespread in the study of the mechanism for the formation of criminal intent (a large number of plunderers of state property and hooligans were surveyed). The questionnaire method was widely used in the study of the investigator's professiogram, his professional suitability and professional deformation. Currently, the questionnaire method has begun to be used to study some aspects of the causes of crime.
The main advantage of this method is its complete anonymity. Due to this, the subjects, when using the “machine”, gave different answers to a number of “critical” questions than in the questionnaires.

METHOD OF INTERVIEW (CONVERSATIONS). This auxiliary method can be used at the very beginning of the study for the purpose of general orientation and the creation of a working hypothesis. This application is typical, in particular, in the study of personality during the preliminary investigation.
An interview (conversation) can also be used after questionnaire research, when their results are deepened and differentiated through interviews. When preparing for a conversation, great attention should be paid to the wording of questions, which should be short, specific and understandable.
In recent years, there has been a sharp increase in interest in the use of computer psychodiagnostics. The first variants of automated psychological systems were developed in our country in the 1960s. But they did not receive mass distribution due to the complexity of operating computers and their high cost. And since the mid-1980s. computer systems are already widely introduced into testing practice.
In legal psychology, it seems very productive to study the psychological patterns of personality behavior, which has legal consequences in a problem situation. This approach is effective both for studying the psychological patterns of law-abiding behavior and for elucidating the mechanisms of illegal behavior and its various consequences (from the detection of a crime to the resocialization of a criminal).
So, a systematic approach in combination with various methods of psychology and jurisprudence allows you to deeply analyze and identify the main psychological patterns of the process of activity, the structure of the personality, the system of legal norms and the nature of their interaction, as well as give an accurate description of this interaction, taking into account all the participating elements and highlight it. meaningful properties.

Background and origins of legal psychology. In a number of textbooks on legal psychology, its origins can be 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 (pre-scientific), philosophical and concretely scientific.

It seems more correct to start analyzing the prerequisites for the emergence of legal psychology only from the era 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, empirical material is already beginning to accumulate in various sciences and legal practice, which "highlights" the role of psychological phenomena in the legal field. Such a historical period is the Age of Enlightenment. It was then that the foundations of a rationalistic approach to explaining the causes of crime were laid in scientific discussions, as well as the collection of empirical psychological material on the activities of the court and places of deprivation of liberty.

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. Voltaire, K. Helvetius, P. Holbach, where it was proved that law should not be the will of the rulers, but a measure of social justice realized by society, 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 factors of crime and the personality 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 Necessity of Psychological Knowledge in Discussing 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 compliance with their rights, but also 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). In particular, he 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 Law 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." A.N. Radishchev (1749-1802) in his work "On the statute" substantiated measures to prevent crime, based on taking into account the psychology of the criminal's personality (and, above all, his motivation).

feature of the first half of the nineteenth 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. Lodius on the psychological justification of the punishment, correction and re-education of criminals.

In the first half of the XIX 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 the parts of the skull), gained great popularity . 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 Science" (1876), who developed the concept of a "born criminal", considering that he is characterized by atavistic features, related to his 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.D. Spasovich, N.D. Sergievsky, A.F. Koni, etc.) and psychologically oriented scientists ( V. M. Bekhterev, V. F. 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, competitiveness of the trial and equality of the parties, 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 human nature, 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 about internal patterns of personality development, should pursue the goal of correcting them. 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 have deal with the same phenomena - the laws of the conscious life of man, 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, accidental, professional) was developed by professor of St. Petersburg University I.Ya. Foinitsky and his followers (D.A. 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. Kony, A.M. Bobrischev-Pushkin and many other domestic scientists. 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. Serbian.

Speaking about the significant growth in Russia after the judicial reform of 1864 of interest in psychological knowledge, 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 ("Community and its life in a 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 science,2 many of its theories began to be actively used to explain the causes of crime. Thus, guided by the ideas of Gustav Le Bon (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 experiment", 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, lawyer N.M. Korkunov in "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 of such domestic scientists as S.A. Muromtsev, P.I. Novgorodtsev, M.M. Kovalevsky, I.D. Kavelin, N.Ya. Grot, M.N. Gernet, M.M. Isaev. The largest lawyer of the beginning of the 20th century L.I. Petrazhitsky (1867-1931) created a rationalistic concept of "psychology of law", where law acts as a mental phenomenon.

Late XIX - early XX centuries. are also significant in that a number of fundamental psychological and legal works have 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 Testimony. 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 E. Claparede (1873-1940) introduces in 1906 the general term legal psychology. By that time, three main areas were clearly identified in it - criminal, forensic and penitentiary psychology.

In the development and application of the experimental method in legal psychology, 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, influence upbringing, 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 methodology of "natural experiment", but also created a theory of personality, which, as an application, contained a fairly productive typology of the personality of criminals. Created in 1908 by V.M. Bekhterev, a special criminological section worked at the Psychoneurological Institute. At the beginning of the 20th century, in many universities of the world, lawyers began to read special courses on legal psychology in general or on its individual branches. For example, E. Claparede in Geneva since 1906 led the "Course of Lectures on Legal Psychology", R. Sommer read the "International Course of Forensic Psychology and Psychiatry" in Hesse, and D.A. Drill at the Psychoneurological Institute - special course "Forensic Psychology".

The main trends in the development of foreign legal psychology in the XX century. At that time, 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. 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 a consequence of early mental trauma.

The merit of 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 G. Munsterberg (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 the 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 are intensively developing, and, above all, the testological approach to the study of the personality of criminals. The creator of one of the first intelligence tests, A. 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 pathopsychological nature in legal practice, methods have been 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 spots" by G. Rorschach - 1921 , "thematic apperceptive test" - TAT by X. Morgan and G. Murray - 1935, "portrait" technique by L. Szondi - 1945, "drawing frustration" technique by S. Rosenzweig - 1945, "color choice" test by F. Luscher - 1948 and 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 research, resort to computer simulation.Thus, in the monograph published in Russia by American scientists T. Mouth "Theory of catastrophes and its applications" discusses the approaches and results of modeling group violations in prison.

In order to improve understanding of the essence of legal norms and the psychological justification 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 psycho-correction 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 3.5 thousand psychologists in Western Europe alone who work directly in law enforcement agencies. In addition, 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. In addition to integrating efforts on a domestic scale (primarily through the creation of professional communities of legal psychologists: 1977 - in England, 1981 - in the USA, 1984 - 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.).

The 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 the offender not only provided a significant increase in psychological and legal knowledge, but also developed diverse tools for studying the personality of offenders and influencing them. Among the most significant monographic works of that period, 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 "Studying the Personality of a Prisoner" (1928), A.R. Luria "Experimental Psychology in Forensic Investigation" (1928), A.E. Brusilovsky "Forensic psychological examination" (1929).

At the 1st Congress on the Study of Human Behavior held in 1930, legal psychology was already recognized as an applied science, the merits of scientists in the development of problems of a criminal, judicial and penitentiary orientation were noted (A.S. Tager, A.E. Brusilovsky, M.N. Gernet and etc.). 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, A.R. Ratinov, A.V. Dulov, I.K. Shakhrimanyan, etc.) . 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, a psychological research sector began to work at the All-Union Research Institute of the USSR Prosecutor's Office under the leadership of A.R. Ratinov, 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).

However, the desire of a number of scientists (for example, A.V. Dulov, 1971) to include all the problems of research on legal psychology carried out in the 60s into only one of its sub-branches - judicial - was not shared by many scientists. In the second half of the 60s, A.D. Glotochkin, V.F. Pirozhkov, A.G. Kovalev substantiated the need for the autonomous development of correctional labor psychology. In the same period (60s - early 70s) there was also a tendency to intensify the study of problems traditionally attributed to the areas of legal and criminal psychology.

The real activity of domestic scientists led to the fact that in 1971 the State Committee for Science and Technology under the Council of Ministers of the USSR decided to introduce a new specialty - "legal psychology" into the register of scientific specialties under the number 19.00.06. In the next 20 years of the development of domestic legal psychology, the range of research was significantly expanded in almost all of its most important areas: o methodological and theoretical problems of legal psychology; o legal and preventive psychology; o criminal psychology; o psychology in investigative and operational-search activities; o forensic psychology and problems of improving forensic psychological expertise; o correctional labor (penitentiary) psychology; o management psychology in law enforcement agencies; o psychological support of legal activity. With the creation and development of the psychological service in law enforcement since the beginning of the 90s, the practical activities of legal psychologists have expanded, acquiring, first of all, the features of an integrated approach to the development of problems of psychological support for legal entities. labor.

Legal psychology is the science of the functioning of the human psyche involved in legal relations. All the richness of mental phenomena falls into the sphere of her attention: mental processes and states, individual psychological characteristics of a person, motives and values, socio-psychological patterns of people's behavior, which are considered only in situations of legal interaction.

Legal psychology arose as a response to the requests of legal practitioners. This is an applied science designed to help a lawyer seek answers to questions of interest to him that arise in the course of his professional activities.

The history of the formation of foreign legal psychology. The development of legal psychology was carried out as the development of legal psychology - the legal worldview, legal understanding and legal consciousness.

With the advent of law, the law began to develop a set of views, ideas, expressing the attitude of people to law, legality, justice, universal ideas about justice and legitimacy were formed.

The development of legal consciousness is associated with historical stages in the interpretation of the essence of law. At the first stage, the foundations of theoretical understanding of the essence of law were laid by the outstanding ancient Greek philosophers. Even then, the effectiveness of the law was associated with the natural (psychological) laws of human behavior.

Rationalist ideas about the nature of human behavior were expressed by Socrates. His ideas about the need for the coincidence of the just, reasonable and legal were developed by Plato and Aristotle.

Plato first pointed out two psychologized phenomena that underlie the development of society - the needs and abilities of people. The law must meet the needs of society, and the organization of society must be carried out in accordance with the abilities of the members of society. State forms, according to Plato, can deteriorate both for economic and mental (psychological) reasons. The definitions of reason are called law - the subsequent development of the rationalist trend in the philosophy of law is based on this Platonic postulate.

Each form of the state perishes, according to Plato, due to the shortcomings inherent in one or another mental warehouse of people in power. (So, tyranny is destroyed by arbitrariness and violence, and democracy - "intoxication with freedom in its undiluted form"). In The Laws, Plato emphasizes that just laws are not only definitions of reason, they are laws that ensure the common good for all citizens. Laws, according to Plato, are the main means of human perfection.

The great disciple and opponent of Plato, Aristotle, believed that man is a political being, and only in political communication is his essential formation completed.

The right was subdivided by Aristotle into natural and volitional (in the subsequent terminology - positive). Natural law is due to the universal nature of people. The quality of a law is determined by its conformity to natural law. A law based solely on violence is not a legal law. Political government is the rule of legal law, not of men; people are subject to feelings, and the law is a balanced mind.

The ideas of Socrates, Plato, Aristotle had a decisive influence on the further development of the legal worldview, on the understanding of law as a measure of justice, equality and reasonableness of human behavior. Already at its very origins, scientific jurisprudence merges with human science.

In the early Middle Ages, the ideas of Plato, Aristotle and other ancient thinkers underwent clericalization. The major ideologist of this period was Aurelius Augustine. In his treatise On Free Will, he proclaimed: "Every disordered soul bears its own punishment."

During the period of formation and flourishing of absolute monarchies, an etatist (from the French “?tat” - state) understanding of law developed, and it was equated with state power. It was believed that in the conditions of local arbitrariness and arbitrariness, it was better for a person to cede his rights to an unlimited monarch, having received from him the protection of life and property. The behavior of subjects began to be strictly regulated - censorship arose over the life of a person, a system of strict restrictions on his vital activity was established. State regulation covered the entire civil life of members of society. Law began to be called the system of state-normative restrictions on human behavior. In the management of society, the principle "everything that is not allowed is prohibited" prevailed. Legal norms began to be understood as prohibitive norms, and the tasks of justice began to be interpreted with an accusatory bias.

The repressive apparatus of monarchical despotism suppressed not only the criminal will, but also the manifestation of any free will. Under these conditions, people, fearing reprisals, begin to refrain from any initiative, decisive independent action. A person becomes withdrawn, passive, begins to understand that it is better for him if officials do not know about his existence at all and that the security of his personality depends on its insignificance.

Medieval deformation of law gave rise to a state of general intimidation and persecution. The life of society faded, poverty and despondency spread. Progressive thinkers began to understand that the improvement of society can only occur on the basis of the liberation of people's vital activity.

In the XVIII century. progressive thinkers and public figures (Immanuel Kant, Jean-Jacques Rousseau, Voltaire, Denis Diderot, Charles Montesquieu, etc.) form the modern concept of liberalism and the rule of law. The humanistic orientation of the legal worldview is being revived. An outstanding jurist and thinker of the Enlightenment Charles Louis Montesquieu believed that the “spirit of laws” is the rationalistic nature of man. The laws of a given society are objectively predetermined by the characters and properties of the people of this society. The laws of one people cannot be suitable for another people. (This idea then served as the basis for the emergence of the historical school of law.)

In 1764, the work of the Italian lawyer Cesare Beccaria, a follower of Charles Montesquieu, "On Crimes and Punishments" was published (which then went through more than 60 editions in many languages ​​of the world, including Russian). The ideas of C. Beccaria revolutionized the practice of criminal justice. He criticized intricate and over-complicated criminal laws, secret criminal proceedings, and unjustified cruelty of punishments (in some countries, witches were still burned and severe torture was used everywhere). Beccaria for the first time proclaimed: the effectiveness of punishment does not depend on its cruelty, but on the inevitability and speed of its execution; a person must be declared innocent until the court passes a guilty verdict on him. Beccaria's ideas became widespread, causing a reorganization of the judiciary and prison policy based on humanistic positions. A number of countries began to introduce segregation of prisoners on the basis of sex, age, and began to provide some conditions for productive work.

Enlightenment philosophy of law argued: law should contain not so much prohibitions as recognitions - permissions. Each member of society must be recognized as an intellectually and morally complete being. The individual must be recognized for his inalienable rights. People should be allowed to think as they wish, to express openly whatever they think, to freely dispose of their resources and their property. The individual bears a certain responsibility to the state. But the state is equally responsible to the individual. One of the revolutionary principles of the modern worldview was the principle of guarantees of personal development, ensuring the autonomy of its behavior.

A new legal worldview was being formed. The right began to be interpreted as a measure of social justice, socially permissible freedom of the individual, realized by society.

In 1789, after the victory of the French Revolution, the Declaration of the Rights of Man and Citizen was adopted. The first article of this historical document said: people are born and remain free and equal in rights. According to the declaration, freedom consists in the possibility of any vital activity that does not harm another. The boundaries of freedom are determined by law: "Everything that is not prohibited by law is permitted."

New legal views were formed on the basis of enlightenment, humanistic philosophy. A new legal paradigm was affirmed: relations in society can be regulated only by such a law, which is based on human nature.

The new legal ideology liberated human activity, encouraged enterprise and initiative. Mass legal competence expanded.

In foreign jurisprudence, the publications of German scientists Karl Eckartshausen “On the Necessity of Psychological Knowledge in Discussing Crimes” (1792) and Johann-Christian Schaumann “Thoughts on Criminal Psychology” (1792) are traditionally considered the first monographic works on legal psychology in foreign jurisprudence.

In the 18th-19th centuries. on the basis of a new legal ideology, a specialized branch of psychological and legal knowledge is emerging - criminal, and then more widely - forensic psychology.

Within the framework of criminal psychology, an empirical synthesis of facts concerning the psychology of criminal behavior and the psychology of the offender's personality began to be carried out. The need for psychological knowledge is beginning to be realized not only in legal proceedings, but also in the entire system of legal regulation. In the second half of the XIX century. the anthropological school of law is born, the interest of lawyers in the "human factor" is increasing.

In general, in the XVIII century in world 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 (that is, 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).

The second stage in the formation of legal psychology was associated with the emergence at the end of the 19th century. criminology and criminology, which gave impetus to the formation of forensic and criminal, and then legal psychology. The famous Swiss psychologist Edouard Claparede, who lectured on forensic psychology at the University of Geneva, significantly expanded the range of forensic psychological problems and in 1906 introduced the term "legal psychology".

The founder of criminalistics Hans Gross created the fundamental work "Criminal Psychology". He viewed forensic psychology as an applied branch of general psychology. “To know the rules that govern mental processes in judicial activity requires a special branch of applied psychology. This latter deals with all the psychological factors that can be taken into account in establishing and discussing a crime.

G. Gross introduced lawyers to modern achievements in experimental psychophysiology (with the teachings of Gustav Theodor Fehnenr on the laws of sensations), the features of human psychomotor reactions, the laws of thinking, memory, etc. The psychology of the formation and receipt of testimony developed (Karl Marbe, William Stern, Max Wertheimer) . Albert Helwig, in particular, studied the psychology of the interrogator (policeman, judge, expert) and the interrogated (accused, victim, witness), developed a psychological interrogation technique.

Under the influence of the psychoanalytic theory of Sigmund Freud, forensic psychologists began to make attempts to penetrate into the subconscious sphere of criminals, to reveal the deep personality formations of criminals (Franz Alexander, Hugo Staub, Alfred Adler, Walter Bromberg, etc.). The prisoners were examined by psychodiagnostic tests and other psychoanalytic methods. Psychologists and criminologists come to the conclusion that the majority of criminals do not have a higher mental sphere of personality, called 3. Freud as the Super-Ego (Super-I), the internal structure of social self-control is torn, there is an imbalance in the interaction of inhibitory and excitatory processes. A criminal inclination is formed as a result of failures in stabilizing one's Ego (I), as a result of early mental traumatization and desocialization.

In the XIX - the first half of the XX centuries. Forensic (criminal) psychology developed especially intensively in Germany. German criminologists made the study of the identity of the criminal, his environment (Franz von List, Moritz Lipman and others) the object of close attention of their research. The interest of foreign lawyers in the personality of the criminal increased sharply after the publication in 1903 of the work of Gustav

Aschaffenburg "Crime and the fight against it" (translated into Russian in 1912). In 1904, the scientist founded the Monthly Journal on Problems of Forensic Psychology and the Reform of Criminal Law. G. Aschaffenburg explained crime by various individual manifestations of the social unsuitability of criminals.

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.

In the same period, one of the first attempts to classify the types of criminals was made. Scientists of that time believed that only in this way it is possible to reveal the true causes of crime. The personal characteristics of criminals began to be studied by a complex of sciences - biology, psychology, sociology and psychiatry.

The third stage in the development of foreign legal psychology was characterized by the active introduction of the achievements of psycho-correction and psychotherapy into the legal sphere in the second half of the 20th century. So, for example, 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. made by the institute. M. Planck (Germany, Helmut Curie), currently only in the countries of 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 institutes where purposeful research is being carried out on the problems of legal psychology. In addition to the integration of efforts on a domestic scale (by creating professional communities of legal psychologists: in 1977 - in England, in 1981 - in the USA, in 1984 - in Germany, etc.), in recent years there has been a tendency to increase contacts and connections at the international level (carrying out cross-cultural research, international symposiums, etc.).

In the United States, legal psychology has traditionally been closely associated with forensic science. These studies are concentrated in universities, but are generally managed by the federal Department of Justice. In penitentiary psychological research in the United States, a methodology for teaching socially conforming behavior in society is being intensively developed. Prison psychologists are organized into the American Association of Correctional Psychologists.

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

Among the socio-psychological factors of crime in modern studies, defects in social control, the destruction of social ties, conditions conducive to criminal learning, and defects in socialization stand out.

One of the main reasons for deviant behavior is the lack of systematic and targeted training in social conformity. In the criminal-psychological theory of interaction (interpersonal interaction based on the acceptance of the role of another), the problem of the meaning of social reaction to the actions of an individual is being developed (Howard Becker, Herbert Blumer, Niels Christie, etc.).

A common drawback of the above theories is their fragmentation, the lack of an integrated approach to the analysis of human behavior. There are relatively few systemic studies on the complex of psychological and legal problems.

At the turn of the XX and XXI centuries. research has intensified in such areas as the problems of the complex science of victimology (Benjamin Mendelsohn, Hans von Genting), the identification of the influence of the phenomenon of "stigmatization", that is, a kind of social stigmatization, on the development of criminals (Edwin Sutherland), the study of the "system of criminal behavior" through the study of group the way of life of criminals, the genesis of their specific subcultures (Donald Klemmer, Kurt Barthol, Ronald Blackburn), analysis of the effectiveness of various correctional programs (John Clark), search for the need-motivating reasons for the criminal activity of an individual (Hans Walder), etc. It should be noted that The main conceptual idea of ​​the further development of foreign legal psychology lies in the search for knowledge that allows integrating the possibilities of various fields of scientific knowledge in the study of a criminal and crime.

The history of the development of domestic legal psychology can be described in terms of six main stages.

The first stage - the period of origin - falls from the middle of the first half of the 18th century. to the last third of the 19th century and is associated with the substantiation of the relevance of legal and psychological research and the determination of guidelines for the application of its achievements in practice, that is, with the upholding of its scientific and theoretical independence and pilot testing of individual research approaches.

Among domestic scientists of the 18th century, quite fruitful views in the psychological aspect were contained in the works of I.T. Pososhkov. In particular, he 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 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 the historian and philosopher Prince M.M. Shcherbaty drew attention to the special importance of legislators' knowledge of the "human heart" and the creation of laws, taking into account the psychology of peoples. In addition, M.M. Shcherbatov was one of the first to raise the issue of the possibility of early release of reformed convicts. F.V. Ushakov in his treatise "On the Law and Purpose of Punishment" made an attempt to reveal the psychological conditions of the impact of punishment and, in particular, "correctional bringing him to repentance." A.N. Radishchev, in his work “On the Statute of the Law”, substantiated measures to prevent crimes based on taking into account the psychology of the personality of the criminal (and, above all, his motivation).

It is necessary to pay tribute to the learned lawyers who were the first to realize this social need and intensified scientific research in this direction. Psychological ideas began to develop especially actively in the second half of the 19th century. So, lawyer S.I. Barshev in his work “A Look at the Science of Criminal Law” pointed out that not a single issue of criminal law can be resolved without the help of psychology, which should be its integral part, since it is she who teaches the legislator to see in the criminal not an unbridled beast, but a person who needs to be re-educate.

In Russia, interest in forensic psychological problems especially increased after the judicial reform of 1864. Thus, in 1874, “Essays on Forensic Psychology” by A.A. Frese is the first monograph on forensic psychology. Its author, a psychiatrist by training, believed that the subject of forensic psychology was "the application to legal questions of our information 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. 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 another work “Psychological types in their relationship with crime. Private psychology of crime” D.A. Drill, analyzing the general mechanisms of criminal behavior, comes to the conclusion that one of these mechanisms is the weakening of the ability of criminals to be guided by foresight of the future.

The court speeches of V.D. Spasovich, F.N. Plevako, A.F. Horses.

An outstanding lawyer A.F. Koni paid great attention to the connection of criminal law with psychology. In particular, he gave a course of lectures "On criminal types", wrote a number of meaningful works on forensic psychology. So, in the work “Memory and Attention” by A.F. Koni wrote: “Judicial figures in the preliminary investigation of crimes and the consideration of criminal cases in court must have a solid ground of a conscious attitude to evidence, among which the most important, and in most cases the exceptional place is occupied by the testimony of witnesses, for which the circle of teaching at the Faculty of Law should psychology and psychopathology be introduced".

Reforms of the 60s 19th century gave a powerful impetus to the further development of philosophical and legal views, the formation of a liberal-democratic worldview.

Russian liberals of the late XIX - early XX centuries entered into a sharp debate with utopian socialists and Russian Marxists - a sociological approach to the essence of law was defended (S.A. Muromtsev, P.I. Novgorodtsev, M.M. Kovalevsky, K.D. Kavelin, P. A. Sorokin, V. S. Solovyov and others).

The problem of the relationship between law, morality and religion was widely discussed by Vladimir Sergeevich Solovyov, who acted as the largest propagandist of the rule of law. The scientist believed that the rule of true progress is that the state should constrain the inner world of a person as little as possible and provide external conditions for a decent existence and improvement of people as widely as possible. Comparing law with morality (morality), V.S. Solovyov defined law as an instrument for realizing the minimum of morality, as an instrument for forced balance of two moral interests - personal freedom and the common good.

The second stage - the period of accumulation of factual scientific material and the construction of the first theoretical generalizations - covers the 1900-1917s in the time period. and is inherently characterized by the diversity of scientific positions, the diversity of the categorical apparatus and the desire for the harmonious development of legal and psychological research. For example, at the beginning of the 20th century in Russia, the problems of psychological research (expertise) of participants in the criminal process were acutely raised.

Pitirim Alexandrovich Sorokin played an outstanding role in the formation of the Russian school of sociology, social psychology and criminology. Born in the remote village of Turya, Kostroma province, P.A. Sorokin graduated from the Psychoneurological Institute and Petrograd University, became a doctor of sociology and a master of criminal law, an honorary doctor of many American and European universities. Exiled from Soviet Russia in 1922, Pitirim Sorokin became Dean of the Department of Sociology at Harvard University and President of the American Sociological Society, and later President of the International Sociological Association. Classical works by P.A. Sorokin

(“Modern Sociological Theories”, “Crime and Punishment, Feat and Reward”, etc.) are widely known in the USA and in many European countries.

P. Sorokin argued that the dynamics of people's behavior depends on social and cultural dynamics. The dogma of criminal law, according to Sorokin, does not cover the entire class of social phenomena, jurisprudence should be more closely linked with sociology and social psychology. It should be taken into account, Sorokin believed, that there is always a certain discrepancy between the official law and the mentality of society, which is the greater, the faster social processes develop.

At the beginning of the 20th century, a psychological school of law was formed in Russia, 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. Lev Petrazhitsky believed that the sciences of law and state should be based on the analysis of mental phenomena. However, the scientist replaced the social conditionality of law with psychological conditionality. Being influenced by Freudianism, he exaggerated the role of the subconscious-emotional sphere of the psyche in people's behavior and 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.

According to L.I. Petrazhitsky, only mental phenomena really exist, and socio-historical formations are their external projections. Law is a psychological factor in social life, and it influences psychologically. Its action consists, firstly, in the excitation or suppression of motives for various actions and abstinences (motivational or impulsive action of law), and secondly, in strengthening and developing some inclinations and traits of the human character, weakening and correcting others, educating the people's psyche in the direction corresponding to the nature and content of existing legal norms (pedagogical action of law). Petrazhitsky distinguished two types of emotions: special, having a special content and always causing certain actions, and abstract (blanket), in which the nature and direction of behavior are determined by the content of the representation associated with the emotion. Among blanket emotions, ethical-moral and legal ones are socially significant. Consequently, the mechanism of legal emotions consists in the connection of abstract emotions with certain representations of behavior, which accordingly induces the subject to those actions that are associated with these representations. Of course, when substantiating the psychological theory of law, Petrazhitsky took into account the prevailing in the second half of the 19th century. association theory and conceived the connection of blanket emotions with ideas as an associative connection.

Petrazhitsky's contemporaries criticized his subjective-idealistic views on law, noting the impossibility of explaining and describing law only by mental phenomena. However, despite the general failure of the psychological school of law, it attracted lawyers to the psychological aspects of law. Petrazhitsky's ideas had a significant impact on the development of forensic psychology at the beginning of the 20th century.

In 1908, 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 the Criminological Institute was created on its basis.

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 been outlined: the study of the psyche of criminals, witnesses and other participants in the criminal process, the diagnosis of lies, etc.

V.M. actively participated in the development of forensic psychological problems. Bekhterev. The results of his work were summarized in the work "The Objective-Psychological Method as Applied to the Study of Crime".

The third period - the period of institutionalization of legal and psychological theoretical concepts and their mass application in practice (the activities of law enforcement officers, court hearings, the opening of psychological laboratories at correctional institutions, etc.) - falls on the 1920s - early 1930s . and is associated with the creation of a wide network of research laboratories, the activities of which made it possible to develop comprehensive programs for the scientific support of the areas of activity of lawyers: law-making, law enforcement, law enforcement and penitentiary.

In the first years after the revolution, a 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 correcting offenders began.

Forensic psychology is becoming a recognized and authoritative branch of knowledge. Already in 1923, at the 1st All-Russian Congress on Psychoneurology, a section of criminal psychology worked (under the leadership of the criminologist S.V. Poznyshev). 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 the criminal and crime. Leading psychologists took part in the work of these offices. Their research became the property of practical law enforcement officials.

However, many forensic psychological studies of that time were influenced by reflexology, anthropologism, and sociologism. In many cases, the role of individual factors in the formation of the offender's personality was exaggerated.

Researchers are increasingly aware of the need for a comprehensive, comprehensive study of crime.

In 1925, the State Institute for the Study of Crime and the Criminal was established in Moscow. Major psychologists of that time were involved in the work in the psychobiological section of the institute. During its entire 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 1920s. it should be noted the studies of K.I. Sotonina, S.V. Poznysheva, M.N. Gernet, A.E. Brusilovsky. Psychological surveys were carried out on a large number of representatives of various groups of criminals - murderers, hooligans, sexual offenders, etc. Problems of correctional psychology were studied. An experimental study of testimonies was included in the work plan of the Moscow Institute of Psychology.

In 1930, the First Congress for 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 (psychological study of the organization of legal proceedings); 3) penitentiary psychology (the study of the psychology of correctional activities).

However, major biologization mistakes were also made at that time. So, S.V. Poznyshev in the work “Criminal psychology. Criminal types" subdivided criminals into two types - exogenous and endogenous (externally conditioned and internally conditioned).

The fourth stage - the period of repression of legal psychology as a scientific discipline and sphere of psychological practice - falls on the second half of the 1930s - the first half of the 1950s, when legal psychological theory was considered only in line with the class approach, and the practical use of the possibilities of psychological science in the legal sphere was blocked by the emerging class-nomenklatura ideological approach.

Sharp criticism in the early 1930s previously committed biologist errors, as well as legal voluntarism led to an unjustified termination of forensic psychological research.

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 violating human rights.

The repressive apparatus of the anti-people party oligarchy was not interested in the psychological subtleties of the evidentiary process.

In Soviet jurisprudence, an understanding of the essence of law was established as the will of the ruling class, as a state means of regulating people's behavior, controlling it and punishing deviant behavior. No psychological research in the field of law, as a rule, was allowed.

However, as an exception, some researchers managed to carry out and, no less importantly, publish the results of their own scientific research in such a difficult period of development for legal psychology. So, in 1937, the collective monographs “Collection of Materials on Statistics of Crimes and Punishments in Capitalist Countries” and “Prison of Capitalist Countries” (edited by A.A. Gertsenzon) were published. They revealed general trends in the development of penitentiary theory and practice. Thanks to the fundamental five-volume work of M.N. Gernet "History of the Tsar's Prison" (1941-1956), the judicial system of pre-revolutionary Russia was subjected to critical analysis based on the anthropological and psychological approach. The work of B.S. Utevsky's “Guilt in Soviet Criminal Law” drew the attention of scientists to the fact that the criminal and his study essentially fell out of the legal sciences, and mainly only because of the fear of accusations of “psychologism”.

The fifth stage - the period of the revival of legal psychology as an independent science - has time limits covering the 1960s-1980s, and is distinguished by the desire to clearly define the subject area, a unified methodology and raise the status of legal psychology among other applied branches of psychological science.

In 1964, the Central Committee of the CPSU issued a resolution "On measures for the further development of legal science and the improvement of legal education in the country." Based on this document, in 1966 the teaching of general and forensic psychology was introduced in law schools.

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 General Prosecutor'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 opened at the Academy of the USSR Ministry of Internal Affairs. All-Russian Research Institute of General and Forensic Psychiatry. V.P. Serbsky organized a psychology laboratory. Research on forensic psychological examination began.

In the structure of the Academy of the Ministry of Internal Affairs of the Russian Federation, a specialized academic council was created for the defense of dissertations of a psychological and legal profile, in which more than 60 candidate and 25 doctoral dissertations have been defended, including on such conceptual problems as the “System of categories of legal psychology” (doctoral dissertation M.I. Enikeeva), “Psychology of criminal responsibility” (doctoral dissertation by O.D. Sitkovskaya), “Crimigenic essence of personality” (doctoral dissertation by A.N. Pastushenya), “Penitentiary psychology in Russia: genesis and prospects” (doctoral dissertation V.M. Pozdnyakov), “Psychological support for the investigation of group crimes of minors” (doctoral dissertation by L.N. Kostina), etc.

Already in the late 1960s. there are a number of studies on the psychology of interrogation, correctional psychology. In the collective work “The Theory of Evidence in the Soviet Criminal Procedure”, the chapter “Process of Evidence” included the paragraph “Psychological characteristics of cognitive activity in the process of proof”, written by Professor A.R. Ratinov.

Within the framework of this historical period, the following legal and psychological knowledge received the greatest demand:

• 1. Psychological aspects of illegal behavior (criminal psychology) (Yu.M. Antonyan, S.V. Borodin, V.V. Guldan, P.S. Dagel, S.N. Enikolopov, V.V. Luneev, V.V. N. Kudryavtsev, G. M. Minkovsky, V. V. Romanov, A. M. Stolyarenko, S. A. Tararukhin, A. M. Yakovlev, etc.).
• 2. Psychological aspects of investigative tactics (V. A. Obraztsov, A. V. Dulov, M. I. Enikeev, I. Kertes, V. E. Konovalova, A. R. Ratinov, L. B. Filonov, S. N. Bogomolova and others).
• 3. Psychology of the investigator (V.L. Vasiliev, M.I. Enikeev, D.P. Kotov, G.N. Shikhantsov, etc.).
• 4. Forensic psychological examination (V.V. Guldan, M.V. Kostitsky, M.M. Kochenov, I.A. Kudryavtsev, O.D. Sitkovskaya, F.S. Safuanov, etc.).
• 5. Penitentiary psychology (A.D. Glotochkin, V.G. Deev, A.G. Kovalev, V.F. Pirozhkov, V.M. Pozdnyakov, A.I. Ushatikov, A.N. Sukhov, M.G. . Debolsky and others).

In the 1970s a number of leading employees of the Institute of State and Law of the Russian Academy of Sciences (V.N. Kudryavtsev, V.S. Nersesyants, A.M. Yakovlev and others) began to study the sociological and socio-psychological aspects of law. Through the efforts of these scientists, a radical reorientation of jurists towards the humanistic essence of law was carried out, and the repressive bias in its interpretation was overcome.

Significant changes in the legal worldview, legal understanding and legal paradigm that occurred in the 1970s required corresponding 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".

However, at that time, law schools were not provided with the necessary scientific and methodological base for teaching legal psychology.

In 1972, at the All-Union Correspondence Institute of Law, as part of the Department of Criminalistics (later the Department of Criminology), a sector of legal psychology was created, which until now has been led by Professor of the Department of Criminology and Psychology of the Moscow State Law Academy, Doctor of Psychological Sciences M.I. Enikeev.

A.R. Ratinov, A.V. Dulov developed the first textbooks for the course of general and forensic psychology.

In 1983, the Ministry of Higher Education of the USSR approved and published in mass circulation a curriculum in psychology for law schools, in accordance with which "Guidelines for the study of the course of general and legal psychology" were developed. And in 1996, the publishing house "Legal Literature" published the first textbook for universities by Professor M.I. Enikeev "General and legal psychology" in two parts. A significant contribution to the formation of legal psychology as an academic discipline was also made by A.R. Ratinov, O.D. Sitkovskaya, A.M. Stolyarenko, V.L. Vasiliev, A.D. Glotochkin, V.F. Pirozhkov, V.V. Romanov.

The sixth stage - the period of implementation of the desire for a systematic approach in the development of legal and psychological theory and practice - began in the 1990s. and continues to the present. It is characterized by a revision of the methodological and conceptual foundations of this science, the substantiation of particular theories of legal psychology (“the psychology of criminal responsibility”, “the psychology of legal labor”), as well as the active participation of legal psychologists in the further development of psychological thought in Russia, as evidenced by a large number of articles on legal and psychological issues at the All-Russian congresses of psychologists in 2003, 2008, 2012.

Currently, new areas of legal and psychological practice are opening up: the need to provide special psychological knowledge of the work of operational-investigative groups, investigators, prosecutors and judges, and the creation of centers for psychological assistance to victims has been recognized. New, experimental directions include the emergence of the institution of juvenile justice, which requires the introduction of new psychological structures into the work of law enforcement agencies: a specialized helpline for adolescents at police stations and correctional institutions, groups of educators, psychologists and social workers in educational institutions of a new type.

Legal psychology, although a relatively young branch of psychology, has a long history of relations between jurisprudence and psychology. V.L. Vasiliev, when analyzing the history of the development of legal psychology in our country, distinguishes three stages associated, first of all, with the development of forensic psychology.

Early history of the development of legal psychology (XVIII - the first half of the XIX centuries).

initial development legal psychology as a science (late 19th - early 20th centuries).

History of legal psychology in the XX century.

Before returning to the history of the development of legal psychology in our country, let us 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.

From the end of the 19th century Until now, five main areas of scientific research have been formed in foreign legal psychology:

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

The intensive development of criminal psychology began in the second half of the 19th century. This, first of all, was connected with the works of the Italian prison psychiatrist C. Lombroso, the creator of the biopsychological direction in the study of the personality of the criminal (see Appendix 1). The essence of this teaching is that criminal behavior is defined as a kind of psychopathology. Subsequently, at the beginning of the 20th century, criminal psychology received its final form in the works of G. Gross (“Criminal Psychology”, 1905) and P. Kaufman (“Psychology of Crime”, 1912)

The psychology of testimonies also begins to develop in the second half of the 19th century. Numerous experimental studies were carried out in Germany (W. Stern, O. Lippman, W. List), in France (A. Wiene, E. Claparede). In Leipzig, the journal "Reports on the Psychology of Testimony" began to be published.

The psychology of diagnostic methods is engaged in the development of psychological methods for establishing the guilt of the suspect and the accused. An associative experiment was actively used as such a diagnostic method. This method consists in the fact that the subject is offered some word, to which he must answer with the first word that came to his mind. Under normal conditions, the subject easily answers with the first word to what is offered to him. The situation changes dramatically when he has to respond to a word that evokes an emotional, affective memory in him. If a word related to a crime is called, then it will cause a noticeable emotional reaction in the subject, as a result of which the associative process is greatly inhibited or generally difficult. This is expressed in the fact that the reaction time is significantly lengthened or the subject reacts with an unusual word that has nothing to do with the stimulus word (sometimes he simply repeats the stimulus word). A new kind of interrogation appeared, which Karel Capek described with humor in his novel "Professor Rouss's Experiment". We can say that the method of associative experiment was to some extent the prototype of the modern lie detector, or polygraph, a device that has found the widest application in investigative and judicial practice in modern Western countries, and especially in the United States. We add that the problem of interrogation turned out to be the most developed section of foreign legal psychology.

Psychological examination is associated with the widespread use of experimental research in the field of testimony. There were works that have not lost their significance at the present time. These are, first of all, "Psychology of young witnesses in cases of sexual crimes" by V. Stern (1926), "Psychologist as an expert in criminal and civil cases" by K. Marbe (1926). Forensic psychologists began to appear in court as experts.

The psychology of investigative and judicial activities is directly related to applied labor psychology. The main content of this direction was the development of professiograms of an investigator, a judge, on the basis of which recommendations were developed for the selection and training of investigative and judicial personnel, the scientific organization of their work. The most famous in this area was the three-volume work of G. Munsterberg "Fundamentals of Psychotechnics" (1914), a special section of which is devoted to the application of psychology in law.

As mentioned above, in In Russia, psychology as a science began to emerge in the 18th century.. As G. G. Shikhantsov writes: “However, she did not exert 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. Accordingly, an important point was the understanding of gestures, intonation, facial expressions of the accused. Special protocols were drawn up on the “restraint and gestures of the defendant” during interrogation. The more significant for us are the works of the historian and philosopher M.M. Shcherbatov (1733-1790), which contained the ideas of humanism. In particular, he demanded the creation of laws taking into account the individual psychological characteristics of a person's personality, he was one of the first to raise the issue of parole and serving a sentence. M. M. Shcherbatov positively assessed the labor factor in the re-education of a criminal.

Judicial reforms of the 60s. XIX century, the development of scientific psychology created the objective prerequisites for the use of psychological knowledge in criminal proceedings. As G.G. Shikhantsov: “After a centuries-old gloomy period of judicial arbitrariness, which did not know publicity and competitiveness of the parties, the principle of independence of judges and their subordination only to the law, the principle of their irremovability, the principle of adversarial trial, equality of parties (accusation and defense) was established in the proceedings. The preliminary investigation was separated from the police investigation and the prosecutor's office, a democratic institution of jury trial was established, and a free advocacy independent of the state was created. With the proclamation of a free evaluation of evidence by the court, the question arose about the peculiarities of their perception and evaluation by judges and jurors. The jurors were faced with the fact that lawyers and prosecutors exerted psychological pressure on them during judicial debates. In order to clarify the causes and conditions for the commission of a crime, the personality of the accused, the defendant was subjected to a deeper psychological analysis in court speeches, the motives of their behavior were revealed.

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. The main directions of development have been formed.

The first direction, as in the West, - criminal psychology. At the initial stage of development, the influence of Lombrosianism was clearly noted here. The personality of the perpetrator was considered as psychopathological. It is enough to give the titles of the works: “Forensic Psychopathology” by V.P. Serbsky (1900), "Forensic Psychopathology" by P.I. Kovalevsky (1900). In the studies of V.M. Bekhtereva, SV. Poznysheva, M.N. Garnet this influence was overcome. In 1912 V.M. Bekhterev publishes a large work on the methodology of the psychological study of criminals, "The Objective Psychological Method as Applied to the Study of Crime." ST. Poznyshev in the books "Basic Principles of the Science of Criminal Law" (1912) and in "Essays on Prison Studies" (1915) gave a deep psychological description of criminals. Later, he summarized his research in this area in the capital work “Criminal Psychology. Criminal types "(1926). Works by M.N. Garnet were devoted to the psychology of prisoners and based on a large amount of observational material on the behavior of convicts.

The second direction in the development of legal psychology in Russia is research into the psychology of testimony. The works of many authors proved the impossibility of obtaining objective, reliable information from witnesses. The work of I.N. Kholchev, for example, had the corresponding title "Dreamy Lies" (1903).

Third direction - 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. When conducting this examination, in order to obtain information about the impact on the psyche of experiences associated with the first performance on stage, they turned to famous Russian actresses M.N. Ermolova, A.P. Glama-Meshcherskaya. The use of this kind of evidence was aimed at establishing objective criteria for assessing the mental states of participants in the process in criminal proceedings.

A significant contribution to the development of legal psychology was made by the famous lawyer A.F. Koni, who was a deep connoisseur of psychology and brilliantly used psychological knowledge in court speeches. In his works “Witnesses at the Court” (1909), “Memory and Attention” (1922) in the course of lectures “On Criminal Types”, he paid great attention to the psychology of judicial activity, the psychology of witnesses, victims and their testimony.

In the first years after the revolution, interest in legal psychology increased sharply, the psychological preconditions for crime and the psychological aspects of its prevention began to be studied.

In 1925, for the first time in the world, the State Institute for the Study of Crime and the Criminal was organized. During the first five years of the institute's existence, its staff published about 300 papers, including those on problems of forensic psychology.

Special offices and laboratories for the study of the criminal and crime were organized in Moscow, Leningrad, Saratov, Minsk, Kharkov, Baku and other cities.

At the same time, research was carried out on the psychology of testimony, psychological examination and some other problems.

Of considerable interest in this respect is the experimental psychology laboratory set up in 1927 at the Moscow Provincial Prosecutor's Office. In this laboratory, the famous psychologist A.R. Luria conducted research in order to clarify the involvement of the accused in the crime. Taking as a basis the associative method developed by Western psychologists and criminologists, A.R. Luria modified it (in addition to recording the reaction time - the response to the stimulus word - a special device simultaneously recorded muscle efforts - the tremor of the subject's hand). Developments of A.R. Luria brought criminalists and psychologists much closer to the creation of a lie detector (polygraph).

Work was also carried out on an experimental study of the psychology of testimonies.

But the range of topics studied was not limited to the above. The study of the problems of increasing labor productivity led to the intensification of research on the psychology of labor (psychotechnics). Psychological studies of various professions began in order to establish psychological suitability, career guidance in choosing a profession. Similar work began to be carried out to study the psychological characteristics of the activities of the investigator, the development of the investigator's professiogram. Thus appeared, a new direction (fourth) in forensic psychology (the psychology of investigative activity) received a powerful development in the 60-70s.

Started in the country in the late 20's - early 30's. repression led to legal voluntarism, which resulted in an unjustified cessation of forensic psychological research for 30 years.

Only since the 60s. the urgent problems of the development of legal psychology began to be discussed again. Gradually, applied psychological research began to unfold to ensure effective law enforcement.

Over the last almost 40 years, research in the field of legal psychology has acquired a wide range. This is not only a psychological study of the profession of an investigator, a judge, the psychology of operational-search activities, 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, the psychological conditions for the effectiveness of legal norms .

Zhuravel E.G., Candidate of Psychological Sciences.

Legal psychology is one of the relatively young branches of psychological science. It arose at the intersection of two sciences: psychology and jurisprudence. The first attempts to systematically solve some of the problems of jurisprudence by the methods of psychology date back to the 18th century. A study of the literature on legal psychology shows that the consideration of the historical development of legal psychology by many authors begins in the 18th century. (with the exception of M.I. Enikeev, who, in a brief outline of the historical development of legal psychology, considers the stages of historical development since the birth of psychology), which, on the one hand, is quite understandable. But many years of experience in conducting classes in this academic discipline shows that for students who, in the process of training in specialization, have mastered a whole range of various legal disciplines related to the history of the emergence and development of law, it is very difficult to find common ground in the historical development of psychology and law. While the history of the development of the science of psychology is very voluminous and allows us to trace the stages of convergence of two areas of knowledge - psychology and law. In this connection, before considering the analysis of the stages of the historical development of legal psychology, for a more complete understanding of this scientific and practical discipline, I believe it is necessary to consider the main stages in the development of views on the subject of psychology.

In psychology, there are four main stages in the development of views on the subject of psychology.

1st stage. Psychology as the science of the soul. This view was formed over two thousand years ago. The presence of the soul tried to explain all the incomprehensible phenomena in human life.

2nd stage. Psychology as a science of consciousness. Arises in the 17th century. in connection with the development of the natural sciences. The ability to think, feel and desire is called consciousness. The main method of study was the observation of a person for himself and the description of the facts.

3rd stage. Psychology as a science of behavior. Arises in the 20th century. The task of psychology is to observe what can be directly seen, namely the behavior, actions, reactions of a person. Motives that cause actions were not taken into account.

4th stage. Psychology as a science that studies the facts, patterns of development and mechanisms of the functioning of the psyche. Modern view on the subject of psychology. It was formed on the basis of the philosophy of dialectical materialism.

Let's consider these stages in more detail.

Psychology originated in the depths of philosophy, and the first ideas about its subject were associated with the concept of "soul". Almost all ancient philosophers tried to express with the help of this concept the most important (essential) principle of any object of living (and sometimes inanimate) nature, considering it as the cause of life, breathing, knowledge, etc.

The question of the nature of the soul was decided by philosophers depending on whether they belonged to the materialistic or idealistic camp.

Democritus (460 - 370 BC) believed that the soul is a material substance that consists of atoms of fire, spherical, light and very mobile. Sensations are the influence of the atoms of air and objects on the atoms of the soul. He tried to explain all the phenomena of mental life by physical and mechanical causes.

Aristotle (384 - 322 BC) - is considered the founder of psychology (the treatise "On the Soul" is the first special psychological work). Considered the soul and matter in unity. The soul is an expediently functioning organic system.

As for the concept of "soul", it narrowed more and more to a reflection of predominantly ideal, metaphysical and ethical problems of human existence.

The foundations of such an understanding of the soul were laid by idealist philosophers.

Plato (427 - 347 BC), Socrates (470 - 399 BC - preached the views orally). In the texts of Plato - views on the soul as an independent substance - it exists along with the body and independently of it. The soul is an invisible, sublime, divine, eternal principle. The body is the beginning of the visible, base, transient, perishable. Soul and body are in complex relationship with each other.

Plato and Socrates draw ethical conclusions from their idea of ​​the soul.

Since the soul is the highest thing in a person, he should take care of its health much more than the health of the body. At death, the soul leaves the body, and depending on the way of life a person led, a different fate awaits his soul:

• she will either wander near the earth, burdened with bodily elements;
• or fly off the earth into an ideal world.

These views on the nature of the soul and its purpose have had a huge impact on world culture. They entered the Christian religion, nourished world literature and philosophy for a long time.

In the last quarter of the XIX century. scientific psychology took shape. The French philosopher René Descartes (1596-1650) was at the origin of this new psychology. He is considered the founder of rationalistic "Cartesian" (intuition) philosophy.

He claimed:

Knowledge should be built on directly obvious facts, on direct intuition.

"I think, therefore I am."

Thinking - "everything that happens in us", i.e. consciousness.

Matter and spirit exist independently of each other.

Psychic phenomena are not a function of the brain and exist independently of it.

All idealist philosophers believed that mental life is a manifestation of a special subjective world, cognizable only in self-observation and inaccessible to objective scientific analysis and causal explanation. This approach came to be called the introspective interpretation of consciousness.

The method of introspection (looking inside) was recognized not only as the main, but also as the only method of psychology. Why? The subject of psychology is the facts of consciousness; the latter are directly open to a specific person and no one else; therefore, they can be studied by the method of introspection and nothing else.

The ideological father of this method is considered to be the English philosopher J. Locke (1632 - 1704), a representative of sensualistic materialism (sensualism is sensory experience as the only source of knowledge). He thought:

There are two sources of knowledge:

a) objects of the external world;

b) the activity of our own brain.

A person directs his external senses to the objects of the external world and receives impressions about external things, and the activity of the mind is based on an internal feeling - reflection.

The activities of the mind are thinking, doubting, believing, reasoning, knowing, desiring.

The processes take place at two levels:

• 1st level - perception, thoughts, desire, etc.;
• 2nd level - observation, "contemplation of these thoughts."

A scientist can only conduct psychological research on himself.

The associative theory has received another direction (automatism is the task of scientific knowledge of mental and natural phenomena, it consists in decomposing all complex phenomena into elements and explaining them based on the connections between these elements) (D. Hume, D. Hartley).

D. Hartley (1705 - 1757): the cause of mental phenomena is vibrations that have arisen in the brain and nerves; The nervous system is a system subject to physical laws.

David Hume (1711 - 1776) introduced the term association - all complex formations of consciousness are united by external links. Considered the only way by which you can get information about the mental experience (predetermining the emergence of experimental methods of psychology).

On the basis of introspection, an experimental method of psychological research is formed and developed. In 1879, W. Wundt created the first experimental psychological laboratory in Leipzig.

The impotence of the psychology of consciousness in the face of practical tasks (the development of industrial production), which required the development of means to control human behavior, led in the 20s of the XX century. to a new direction. The American psychologist J. Watson appeared in the scientific press and declared that the question of the subject matter of psychology should be reconsidered. Psychology should deal not with the phenomena of consciousness, but with behavior. The direction was called "behaviorism" (from the English behavior - behavior). The publication of J. Watson "Psychology from the point of view of a behaviorist" refers to 1913, this year and dates from the beginning of a new era in psychology. He thought:

Behavior is a system of reactions; due to the presence of any impact on humans.

There is not a single action that does not have a reason behind it in the form of an incentive. Enters the formula "S - R" (stimulus - reaction).

Pretty soon, the extreme limitations of the S-R schema for explaining behavior began to emerge. One of the representatives of late behaviorism, E. Tolman, introduced a significant amendment to this scheme:

S - V (intermediate variables) - R, where

V - internal processes that mediate the action of the stimulus, i.e. influence external behavior (goals, intentions, etc.). These are the properties of behavior, and there is no need to refer to consciousness.

Behaviorists made far-reaching conclusions that with the help of incentives and reinforcements, any human behavior can be molded, manipulated, that human behavior is rigidly determined, that he is to some extent a slave of external circumstances and his own past experience.

All these conclusions were ultimately the result of ignoring consciousness. Untouchability of consciousness remained the main requirement of behaviorism at all stages of its development.

Awareness of miscalculations in the approaches of behaviorists led to the fact that the subject of psychology was the psyche.

D.N. Uznadze (1886 - 1950) - the theory of set (set is the readiness of an organism or subject to perform certain actions or to react in a certain direction), and then his followers saw in the phenomena of an unconscious set evidence of the existence of a special, pre-conscious form of the psyche. In their opinion, this is an early stage in the development of any conscious process.

There are unconscious processes that simply accompany actions. There are a large number of these processes, and they are extremely interesting for psychology. This group includes involuntary movements, tonic tensions, facial expressions, pantomimics, as well as a large class of vegetative reactions that accompany human actions and states.

Unconscious stimuli of conscious actions. This topic is closely connected with the name of the Austrian psychiatrist Z. Freud (1856 - 1939). In his opinion, the mental life of a person is determined by his desires, the main of which is sexual desire (libido). In view of many social taboos, sexual experiences and the representations associated with them are forced out of consciousness and live in the realm of the unconscious. They have a large energy charge, but they are not allowed into consciousness: consciousness resists them. Nevertheless, they break through into the conscious life of a person, taking distorted or symbolic forms: dreams, erroneous actions, neurotic symptoms.

The supraconscious processes include the processes of creative thinking, the processes of experiencing great grief or great life events, crises of feelings, personality crises, etc.

American psychologist R. Holt in the 60s of the XX century. published an article entitled "Images: A Return from Exile", where he noted the need for a return to consciousness.

Thus, even in American psychology, i.e. in the birthplace of behaviorism, the need for a return to consciousness was understood, and this return took place.

The development of legal psychology went in parallel with the development of law and psychology.

Stages of development of legal psychology:

1. Early history of legal psychology - XVIII century. and the first half of the 19th century.
2. The initial design of legal psychology as a science - the end of the 19th - the beginning of the 20th century.
3. The modern stage of development of legal psychology - from the middle of the XX century. Until now.

1st stage. Early history of legal psychology.

Like most of the new sciences that arose at the junction of various branches of human knowledge, legal psychology in the early stages of its development did not have independence and did not have a special staff of scientists. Individual psychologists, lawyers, and even specialists in other fields of knowledge have tried to solve issues related to this discipline. The initial stage of development is associated with the need to turn the legal sciences to psychology in order to solve specific problems that could not be solved by traditional methods of jurisprudence. Legal psychology, like many other branches of psychological science, has gone from purely speculative constructions to scientific and experimental research.

MM. Shcherbatov (1733 - 1790) in his writings demanded that laws be developed taking into account the individual characteristics of a person's personality, one of the first to raise the issue of parole from punishment, positively assessed the labor factor in the re-education of a criminal.

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

The spread of the idea of ​​correction and re-education of the criminal forced the right to turn to psychology for the scientific substantiation of psychological and legal problems.

I. Hoffbauer in his work "Psychology in its main applications in judicial life" (1808) and I. Friedrich in his work "Systematic Guide to Forensic Psychology" (1835) made an attempt to use the data of psychology in the investigation of crimes.

The psychological issues of evaluating testimonies also occupied the outstanding French mathematician Laplace. In the book "Experiments in the Philosophy of the Theory of Probability", published in France in 1814 (Russian translation - M., 1908), Laplace considers the probability of testimony along with the probability of outcomes of court verdicts, resolutions at meetings, etc., trying to give them evaluation in mathematical terms. He made the first attempt to create a scientific method for evaluating evidence.

For a long time, the study of the problems of forensic psychology did not go beyond these first attempts. In the second half of the XIX 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 revival and expansion of forensic psychological research.

2nd stage. Formation of legal psychology as a science.

Late 19th and early 20th centuries 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, V.P. Serbsky, A.F. Koni and others).

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.

Around the same period, a struggle broke out between the anthropological and sociological schools of criminal law. The founder of the anthropological school was C. Lombroso, who created the theory of an innate criminal who, due to his atavistic features, cannot be corrected.

Representatives of the sociological school used the ideas of utopian socialism and attached decisive importance in explaining the causes of crime to social facts. For this time, some of the ideas of the sociological school carried progressive elements.

At the beginning of the XX century. experimental methods of research appear in legal psychology. A significant number of works of this period are devoted to the psychology of testimonies and the study of the psychology of the criminal's personality.

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, French psychologist Alfred Binet, for the first time experimentally studied 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 it, A. Binet draws interesting conclusions:

1. answers to questions always contain errors;
2. In order to correctly assess the testimony, the minutes of court sessions should set out in detail both the questions and the answers to them.

In 1902, experiments to determine the reliability of testimonies were carried out by the German psychologist William Stern. His task was not to find scientifically based methods for obtaining witness testimony, but to establish the degree of reliability of testimony. Based on his data, V. Stern argued that the testimony was fundamentally unreliable.

The followers of V. Stern in Russia were O.B. Goldovsky, A.V. Zavadsky and A.I. Elistratov. They independently conducted a series of experiments similar to those of V. Stern and drew similar conclusions.

Teachers of Kazan University M.A. Lazarev and V.I. Valitsky stated that Stern’s provisions would not matter for practice, that the most important evil in witness testimony is not involuntary errors, but the conscious lie of witnesses, a phenomenon that is more common than is commonly believed: almost 3/4 of witnesses deviate from the truth.

The development of 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 of social institutions involved in its prevention. Thus, already in the XIX 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.

In the middle of the XIX century. Cesare Lombroso was one of the first to attempt to scientifically explain the nature of criminal behavior from the standpoint of anthropology.

The biologizing approach to explaining the nature of criminal behavior was seriously criticized by sociologists, contemporaries of Lombroso, when crime began to be studied as a social phenomenon.

3rd stage. The modern stage of development of legal psychology.

Late XIX - early XX century. characterized by the sociologization of criminological knowledge, when sociologists J. Quetelet, E. Durkheim, P. Dupoty, M. Weber and others began to study the causes of crime as a social phenomenon, who, using the method of social statistics, overcame the anthropological approach in explaining the nature of criminal behavior, showing the dependence deviant behavior from the social conditions of existence of society.

A solid statistical analysis of various abnormal manifestations, carried out, in particular, by Jean Quetelet, Emile Durkheim for a certain historical period of time, showed that the number of anomalies in people's behavior every time inevitably increased during wars, economic crises, social upheavals, which convincingly refuted the theory of innate offender, pointing to the social roots of this 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 simultaneously by representatives of various branches of science: lawyers, sociologists, psychologists, doctors.

Modern biological criminological theories are far from being as naive as Lombroso in explaining the nature of criminal behavior. They build their arguments on the achievements of modern sciences: genetics, psychology, psychoanalysis.

At the International Conference in France in 1972, researchers from different countries expressed the unanimous opinion that the relationship between gene disorders and crime is not statistically confirmed.

Thus, the theory of chromosomal anomalies, as once the anthropological theory of crime, did not find its confirmation on closer examination and was subjected to serious justified criticism.

The followers of the biologizing approach, and in particular the representatives of the Freudian and neo-Freudian schools, pay special attention to explaining the nature of such a property as aggressiveness, which allegedly serves as the root cause of violent crimes. Aggression - behavior, the purpose of which is to harm some object or person. It arises, according to Freudians and neo-Freudians, as a result of the fact that, for various reasons, individual unconscious innate drives do not receive realization, which causes aggressive energy, the energy of destruction, to come to life. As such unconscious innate drives, E. Freud considered libido, A. Adler - the desire for power, for superiority over others, E. Fromm - the desire for destruction.

However, in the future, an ever greater role in the nature of aggression is given to social factors that act in vivo. So, A. Bandura believes that aggression is the result of a distorted process of socialization, in particular, the result of parents' abuse of punishment, cruelty to children.

The development of legal psychology in Russia at the present stage.

The development of legal psychology in the early years of Soviet power was greatly facilitated by the great public interest in the administration of justice, legality, the identity of the criminal, etc. The country began to search for new forms of crime prevention and the 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.

At the same time, research was carried out on the psychology of testimonies and psychological expertise.

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 applying the methods of experimental psychology to investigate crimes and formulated the principles of operation of the device, which later received the name of a lie detector (bark detector).

Already in the first years of Soviet power, lawyers and psychologists were persistently looking for new forms of combating crime. The new social system saw the criminal primarily as a person.

N. Gladyshevsky concluded that the human senses (sight, hearing, smell, touch) are imperfect and, therefore, the causes that give rise to errors in the testimony of witnesses cannot be eliminated.

K.I. Sotonina studied the psychological aspects of the activities of the investigator and judge, the issues of obtaining truthful testimonies, methods for detecting involuntary lies in them.

V.M. Bekhterev and his students are actively involved in the problems of psychological diagnosis of criminals and witnesses. The first significant study in the field of forensic psychological examination was the book by A.E. Brusilovsky "Forensic psychological examination: its subject, methodology and subjects", which was published in 1939 in Kharkov.

In the works of that period, the personality of the offender was actively investigated.

The level of practical psychology at that time still lagged behind the demands of legal practice. The psychologist not only revealed the reliability of the testimony, but also practically determined the guilt of the person who committed the crime. Such an unjustified reassessment of the competence of psychological expertise led to subjective assessments and caused a negative attitude towards expert psychological research until the 1960s.

Most of the opponents of forensic psychological expertise also underestimated the fact that psychological science has been widely introduced into practice. It was only in the late 1950s and early 1960s that the question of the need to restore the rights of legal psychology and forensic psychological expertise was raised.

In 1980, a methodological letter from the USSR Prosecutor's Office was developed and adopted, dedicated to the appointment and conduct of a forensic psychological examination.

In the early 1930s, research on forensic psychology was stopped, and until the mid-1950s, the development of this science was interrupted.

In 1964, the 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 adopted, which restored legal psychology in all law schools in the country.

In May 1971, the first All-Union Conference on Forensic Psychology was held in Moscow. In the autumn of 1986, the All-Union Conference on Legal Psychology was held in the city of Tartu (Estonia).

A significant contribution to the formation and development of legal psychology was made by M.I. Enikeev - in the field of organizing the teaching of this discipline in Moscow universities; V.V. Romanov - in the field of introducing legal psychology into the field of military justice.

Currently, in our country, in the field of legal psychology, a lot of research is being carried out in the following main areas, which, in turn, are reflected in the sections of legal psychology as a scientific and practical discipline:

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 features of juvenile delinquents.

Penitentiary psychology.

Ethics and psychology of legal relations in the sphere of entrepreneurial activity.

Psychological patterns of emergence and development of the shadow economy.

Psychology of organized crime, etc.

Such, in the most general terms, is the history of the origin and development of legal psychology.

legal psychology

Legal psychology in the system of scientific knowledge.

1. Subject, object, tasks and principles of legal psychology.
2. Methodology of legal psychology.
3. The structure of legal psychology and its relationship with other sciences.

Psychology is a science that studies the laws and mechanisms of people's mental activity (the doctrine of the soul from Greek).

Legal psychology is an applied branch of general psychology.

The significance of the LA is that it makes a significant contribution to solving the complex multidisciplinary tasks of strengthening the legal basis of the Russian state and strengthening the fight against offenses and crimes.

The term UP itself was introduced at the beginning of the 20th century. Claparede, a Swiss psychologist, he characterized UP as an actively developing applied branch of psychology, exploring the manifestations and use of general psychological mechanisms and patterns in the sphere of relations regulated by law.

A feature of UP is its interdisciplinary nature, that is, it applies to both jurisprudence and psychology.

The subject of the UP is research and systematization of the psychological foundations of law-making, law-educational, law enforcement, law enforcement, penitentiary activities.

The goals of jurisprudence as a science are common with jurisprudence - building a legal state and society, but there is a specificity - contributing to the achievement of the goal, based on the disclosure of relationships and the influence of legal and psychological reality, as well as developing ways to optimize them.

The object of study of SP is specific types of people, their community, as subjects of legal activity, within the framework of legal regulation processes.

Tasks - basic and additional. Main:

1) methodological and theoretical - development in accordance with the requirement of general scientific methodology and epistemology of the problems of the object, subject, methodological principles, historical development and the creation of a socio-psychological methodology for studying the problems of combating crime,

2) analytical - the study of psychological patterns and mechanisms for the development of legal consciousness, criminal acts of an individual and group nature, the psychological side of the process of correcting convicts and the personality of subjects of legal activity,

3) prognostic - the development of scientifically based assumptions about the possible dynamics of determination (a set of reasons), the psychological patterns of changes in legal consciousness and crime as social phenomena,

4) practical - development and implementation of recommendations aimed at improving the efficiency of legal activities.

Purpose of UP

UP principles:

1) the conditionality of the legally significant behavior of the individual with the conditions of his life,

2) the factors that determine law-significant behavior are systemic and complex,

3) the mental factors of a person's behavior should not be absolutized,

4) research in the field of SP is synthetic,

5) the principle of scientific character.

The subject of SP is divided into the study of individual psychological and socio-psychological phenomena.

Individual psychological phenomena are classified on various grounds:

1) phenomena, according to their essence and representation to our perception, on this basis, psychological phenomena are divided into 3 groups:

psychological facts - relatively superficially observable (including fixed using psychological techniques) psychological phenomena,

psychological patterns - objectively existing causal relationships of psychological phenomena and their conditions (in psychology they are probabilistic in nature),

psychological mechanisms - psychological transformations through which the actions of regularities are performed and transitions from cause to effect occur,

2) classification according to the form of existence of phenomena, are divided into:

mental processes - changes at the level of the psyche, these are all fading, appearing (witness testimony),

mental states - integral features of the totality of mental processes occurring in a person at a given moment or over a certain period of time (states of excitement, anxiety, fear, euphoria, carelessness ...),

Psychic formations (properties, stereotypes) - entrenched in the human psyche, i.e. tending to repetition, facilitated the flow of mental phenomena.

In a broad sense, the method - ways of studying reality and building a system of scientific knowledge; and in the narrow sense - a set of techniques, techniques and procedures that are aimed at mastering reality in a particular disciplinary area and serve as an effective solution to professional problems.

All varieties of SP methods can be divided into the following groups of SP methods:

1) methods of scientific research,

2) methods of psychotechnical influence,

3) methods of forensic psychological examination,

4) methods of psychological examination of legal laws and regulations.

Among scientific research methods usually distinguish 2 classes of means of theoretical and empirical knowledge.

To means of theoretical knowledge include - logical procedures of generalization, abstraction, formalization, axiomatic and historical-comparative methods, modeling and system analysis,

Means of empirical knowledge include methods traditional for psychological science:

• observation,
• poll,
• experiment,
• testing,
• biographical.

Methods of psychotechnical influence are a set of psychotechnologies, techniques and methods of influencing individuals and groups.

Methods of forensic psychological examination (SPE) are designed to conduct targeted objective research by an expert psychologist.

In SP, 4 types of observations are used, divided according to the grounds:

1) according to the position of the observer observer (indirect and direct (included) observation, self-observation),

2) according to the degree of formalization of procedures (unstructured, structured),

3) according to the regularity of the conduct (systematic, random, single),

4) according to the conditions of organization and observation (field, laboratory).

The polling method is implemented in 3 forms:

a conversation,

· interview,

· questioning.

Interview as a survey method has a different degree of formalization:

1) standardized, with such an interview, a survey of the respondent is carried out according to a rigid sequence of specially selected questions,

2) a focused interview, here the purpose of the question is to obtain from the respondent relevant data on the problem, unique information,

3) a free interview, allows you to pay attention to the respondent's assessment of the problems you are talking about, it is very important to establish psychological contact with the respondent.

Experimental method - a study in which a change is deliberately and systematically caused in the processes under study, 2 types:

natural,

associative.

The natural method is carried out in living conditions, and the associative one also has its own characteristics (developed by Jung).

Study the test method and content analysis on your own.

Components of the UP system:

1) metological-theoretical and methodological foundations,

2) legal psychology,

3) criminal psychology,

4) psychology of investigative and operational-search activities,

5) forensic psychology,

6) penitentiary (correctional) psychology,

7) psychology of civil proceedings.

Development of legal psychology. History and modernity.

1. Development of foreign legal psychology.
2. Formation of legal psychology in Russia.
3. Legal psychology at the present stage.

The development of legal psychology was originally carried out as the development of legal psychology, that is, a legal worldview, and with the emergence of such concepts as “law” and “law”, their own ideas about law, law, justice, etc. gradually appear.

The views of Democritus (460-370 BC) were deeply psychological. He believed that the law is directed against those who, due to moral and mental vices, are not voluntarily prompted to the virtue of internal passions.

Socrates expressed rationalistic ideas about the nature of human behavior. The ideas of Socrates about the need for the coincidence of the just reasonable and the lawful were developed by Plato and Aristotle.

Plato recognized 2 psychologized phenomena that underlie the development of society - the needs and abilities of people. State forms can deteriorate for both economic and mental (psychological) reasons.

The next stage was the middle period of the Middle Ages. During this period, a ethic understanding of law developed. At this time, the behavior of subjects was strictly regulated. Censorship arose over the life of a person and a system of severe restrictions on his life activity (psychological pressure) was established.

The medieval deformation of law gave rise to a state of general intimidation and persecution, in connection with this, progressive thinkers of that time began to understand that the improvement of society can occur only on the basis of the liberation of people's vital activity.

In the 18th century, progressive thinkers and public figures (Kant, Rousseau, Voltaire, Diderot, Montesquieu) formed the modern concept of liberalism and the rule of law. In particular, Montesquieu believed that the combination of good will in individuals forms the civil state of society.

Montesquieu had a follower of Cesarro Beccaria. In 1764 he published a pamphlet "On Crimes and Punishments". Beccaria criticized intricate criminal laws, secret criminal proceedings and unjustified cruelty of punishment. Beccaria's ideas spread - the reorganization of justice and prison policy began on the basis of humanistic positions, and the thesis was formed that the law should contain not so much prohibitions as recognition of permission. Law began to be interpreted as a socially conscious measure of social justice. The right began to be interpreted as a measure of social justice and socially permissible freedom of the individual, realized by society. Relations in society can be regulated only by such a law, which is based on "human nature".

Developing philosophical aspects in law, Hegel proclaimed: "Man must find his reason in law." Thus, by the end of the 18th century, law began to be understood as a historically determined, social and socio-psychological phenomenon. Its content and functioning was determined by the conditions of the economic and spiritual life of society.

The next stage: the end of the 18th - 19th century. On the basis of a new legal ideology, a specialized branch of psychological and legal knowledge, criminal psychology, and then, more broadly, forensic psychology, was born during this period. Within the framework of criminal psychology, an empirical synthesis of facts concerning the psychology of criminal behavior and the psychology of the offender's personality began to be carried out. At the same stage, the need for psychological knowledge in legal proceedings and in the entire system of legal regulation begins to be realized.

In the second half of the 19th century, the anthropological school of law was born and the interest of lawyers in the human factor increased. At the end of the 19th century, in connection with the formation of forensic science and criminology, forensic and then legal psychology began to take shape.

Claparet expanded the range of forensic psychological problems and introduced the concept of "legal psychology" at the beginning of the 20th century. The founder of forensic science Ganz Kross created the work "Criminal Psychology", he considered forensic psychology as an applied science in relation to general psychology.

At the beginning of the 20th century, the psychology of forming and obtaining evidence begins to develop (Morbet, Stern, Werheimer).

Albert Helving developed the psychology of the interrogator (policeman, judge, expert) and the interrogated (accused, victim, witness), he also developed the psychological technique of interrogation.

But in the first half of the 20th century, forensic psychology remained an empirical (descriptive) science. A criminal personality, its motivational sphere was described by such amorphous concepts as cruelty, aggressiveness, revenge, self-interest, shamelessness, and a tendency to sadism. Many socio-psychological regularities remained in oblivion for a long time. In mass surveys of the causes of crimes, they relied on the opinions of the criminals themselves. There was a problem of psychodiagnostics of the identity of the offender, psychological analysis of persons who committed a homogeneous crime. Therefore, a number of special studies appeared, and some scientists, like Bjerre, he conducted a study of the psychology of murder on a large empirical material.

Under the influence of Freud's psychoanalytic theory, forensic psychologists began to attempt to penetrate into the subconscious sphere of the criminal, to reveal deep personality formations (Franz Alexander, Hugo Staub, Alfred Adler, Walter Brom). The prisoners were examined by psychodiagnostic tests and other psychoanalytic methods (this was done by the scientist Hublin-Smith). Psychologists come to the conclusion that the majority of criminals do not have a developed mental sphere of personality, referred to by Freud as a super ego (super-I). The criminals have broken the internal structure of social self-control. There is an imbalance in the interaction of inhibitory and excitatory processes. According to the authors, a criminal inclination is formed as a result of failures in stabilizing one's ego, due to early mental traumatization.

In the first half of the 20th century, forensic (criminal) psychology developed especially intensively in Germany. The identity of the criminal and his environment were studied (Franz Von List, Moritz Liebman). In German forensic psychology, 2 directions were established: psychopathological and biological. The main causes of the crime began to be seen in psychological and psychopathic factors: anomalies of will, thinking, mood instability. Ernzt Seering and Kyle Weimdler made one of the first attempts to classify the types of criminals, believing that this was the only way to reveal the true causes of criminals. They found 8:

1) professional,

2) property,

3) sexy,

4) random,

5) primitive-reactive,

6) malicious (convinced),

7) hooligans,

8) unwilling to work,

they should be studied by biology, psychology and psychiatry.

At the present stage.

In the United States, legal psychology is closely related to forensic science. In Italy, forensic psychology has traditionally been clinically oriented. In France, forensic psychology is focused on the socio-psychological and sociological direction. In Belgium and France there is a center for the study of juvenile delinquency. In Japan, crime research focuses mainly on psychiatry.

Among the socio-psychological factors of crime in modern research are:

• social control defects
• destruction of social ties,
• conditions conducive to criminal learning,
• socialization defects.

Watch: stigma theory (stigmatization)

A common shortcoming of modern theories is their fragmentation, the lack of the necessary consistency, an integrated approach to the analysis of human behavior.

For the first time in Russia, Pososhkov spoke about the need to take into account the psychology of criminals for the first time in the 18th century, offering various methods of interrogating accused and witnesses in his book On Scarcity and Wealth. He explained how to detail the testimony of false witnesses in order to obtain material for their exposure. He recommended classifying criminals in order to avoid the influence of the worse on the less corrupt.

Prince Shcherbakov, a historian and philosopher, 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 and the need to involve prisoners in the work.

Ushakov in the book "On the Law and Purpose of Punishment" revealed the psychological conditions for influencing the offender with punishment. The main purpose of punishment was to bring the offender to repentance. At the beginning of the 19th century, the problems of turning law to psychology were dealt with by scientists: Lodiy, Elpatyevsky, Gordienko, Shteizler and others.

In connection with the legal reform of the last third of the 19th century, a significant number of works on legal psychology appeared (Barshev - “A look at the science of criminal law”, Yanevich-Yanovsky - “Thoughts on criminal justice from the point of view of psychology and physiology”, Frezem - “Essay forensic psychology).

From 1806 to 1812, a course in criminal psychology was taught at Moscow University. In 1877, lawyer Vladimirov published an article “Psychological characteristics of criminals according to the latest research.

Dril pointed out that the psychology of law deals with the same phenomena - the laws of a person's conscious life.

The end of the 19th and the beginning of the 20th centuries are characterized by the intensive development of psychology and psychiatry, which led to the need to formalize legal psychology as an independent academic discipline. Kovalevsky in 1889 raised the issue of separating psychopathology and legal psychology and introducing these sciences into the course of legal education.

Psychologists and lawyers who contributed to the development of legal psychology in Russia: Sechenov, Spasovy, Vladimirov, Fonitsky, Serbsky, Koni and others.

The issues of criminal psychology were dealt with by scientists such as Grot, Zovatsky and Luzursky.

In the years 1930-1960, research on legal psychology was not carried out. And in 1966, the teaching of general and forensic psychology began in law schools.

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