Legal Psychology: the junction between Psychology and Law

How does the science of behavior intervene in criminal trials and proceedings?

Psychology and Law share an important similarityThey are both human and social sciences and share their object of study and the same area of intervention, human behavior. But this link goes even further.

In the following lines we will explore this topic by looking at what Legal Psychology consists ofIts fields of action and the way in which professionals who specialize in this area of work, so closely related to the world of justice, work.

Psychology in the legal field

The object of study of psychology is the characteristics of human behavior, while law focuses on the laws that regulate such behavior. Therefore, we can distinguish three contributions of psychology in the legal field:

• The study of the specificities or peculiarities of behavior by psychology provides the necessary basis from which specific laws can be created to take these peculiarities into account and increase the effectiveness of the law. Psychology provides the necessary basis on the basis of which specific laws can be created to take these peculiarities into account and increase the effectiveness of laws.

• Psychology can help both in social organization and in the resolution of conflicts that may be generated by laws, since it can that may be generated by laws, since the path adopted by the judiciary does not necessarily imply individual acceptance of them.

• It evaluates the degree of functionality of the law, allowing it to achieve a greater adjustment to the psychological changes that occur in the application of the law. that occur in the application of the laws.

For all the above reasons, the role of Psychology in Law focuses on studying how the different judicial resolutions affect behaviors, analyzing to what extent such resolutions manage to regulate society in order to progressively improve the judicial system.

Thus, the first relationships that Law establishes with Psychology are through Social Psychology, Psychology of Attribution and Cognitive Psychology.

Social Psychology

Social Psychology postulates that human beings behave according to the different interactions they have within their social environment. Therefore, legislators must take into account the relationships that the person establishes with others.In this way, they can have the necessary basis in the elaboration of the norms that regulate human conduct.

For example, in the prediction of future behaviors when granting prison permits or probation, since by incorporating the person in the same social environment in which he/she committed the criminal behaviors, he/she is exposed to the same stimuli that may have led him/her to commit such behaviors.

Psychology of Attribution

The Psychology of Attribution provides the mechanisms of explanation in the field of judicial decisions, specifically in the decision of guilt.specifically in the decision of guilt and criminal responsibility.

Cognitive Psychology

Cognitive Psychology is related to the field of testimony, providing explanations of human behavior through information obtained from jurors, judges, witnesses and defendants.

Differences between Psychology and Law

However, there are clear differences between the two sciences; the most striking is that Law belongs to the category of "should be" (norms) and Psychology to "being" (behaviors).

As indicated by authors such as Garrido (1994), the main difference between these two sciences is that although both are interested in the same subjects, the meaning they give to them is significantly different. Law regulates and intuits the factors that guide behavior and tells us what we should do or avoid. On the other hand, Psychology analyzes, measures, predicts and modifies behavior..

Therefore, some authors indicate that Psychology shows three approaches to the legal field:

• Psychology of LawPsychology of Law: focused on analyzing the psychological components for the functioning of law.

• Psychology in LawPsychology in Law: studies the legal norms that imply the realization of diverse behaviors.

• Psychology for LawLegal psychology has become an auxiliary science of law, in the establishment of the truth of the facts, the imputability, the interpretation of behaviors, etc.

The concept of Legal Psychology

However, where the union between Psychology and Law is strengthened is in Legal Psychology, within which Forensic Psychology is integrated, since this type of psychology focuses its area of action on the Law and on specifically applying psychological techniques and knowledge to the interpretation of the entire judicial process.

Thus, Legal Psychology is the area of research and psychological work whose object of study are the behaviors of legal actors in the fields of Law, Law and Justice. It comprises the study, evaluation, explanation, prevention and treatment and/or counseling of those psychological, behavioral and relational aspects involved in the legal behavior of people through the methods of Scientific Psychology.

Spheres of action of legal psychology

Although they are often confused with each other, judicial psychology and legal psychology are not exactly the same.As we shall see, one contains the other.

There are several classifications of the fields of action of legal psychology, and their prevalence varies in different countries. In general terms, we can speak of the following areas of action.

1. Psychology Applied to Courts of Law

Also called Forensic Psychology, includes psychology applied to juvenile, family, civil, labor and criminal law.. Different areas in which the psychologist carries out technical reports, advice on the measures to be applied, follow-up of interventions, etc.

2. Penitentiary Psychology

The scope of the psychologist's work within the penitentiary institutions.. Its functions involve the classification of inmates into modules, the study of the concession of permits and pardons, the study of the social climate, the general organization of the prison and the carrying out of individual and group treatments.

3. Judicial Psychology

Its two most representative areas are the Psychology of Testimony and Jury Psychology. The first refers to the application of research results from Social and Experimental Psychology in determining the validity of testimonies, i.e., the accuracy and credibility of eyewitness accounts of accidents, everyday events and/or crimes.

In the second, the psychologist is in charge of the investigation of decision making processesThe psychologist is also in charge of the social influence of the jurors as well as of the evaluation of the jurors.

4. Police and Armed Forces Psychology

This field refers to the role of the psychologist in the selection, training, organization and relationship with society of this group (Police, Civil Guard, Army, etc.). In other words, in this case, the work is focused on providing services oriented to the part of the population employed in the police and the Armed Forces, two institutions with their own characteristics.

5. Victimology

It refers to the role of the psychologist in the care of victims of various types of abuse, sexual abuse, care of detainees, etc. (mistreatment, sexual abuse, care of detainees, etc.). Its functions are focused on the study, planning and prevention of risk groups and prevention campaigns for the general population and on the care, treatment and follow-up of victims and their interaction with the legal system. It is one of the areas of intervention of Legal Psychology that is most closely related to the field of psychotherapy.

6. Mediation

This includes the psychologist's field of action in the solution of legal conflicts through negotiation, carrying out an intervention that helps to attenuate the conflict. by means of an intervention that helps to attenuate and prevent emotional or social damage to those involved. Its functions are focused on preparing an adequate context for the communication of the parties, designing a mediation process and providing the parties with the tools that will allow them to manage the conflict. In practice, this is a very relevant function, especially in divorce cases, especially if they are divorces with children.

The functions of legal psychologists

In each of these areas, the Legal Psychologist performs various functions:

• The evaluation and diagnosis in order to determine the psychological conditions of the legal actors.

• Counseling, which involves orienting and/or advising as an expert to the judicial bodies in matters pertaining to his or her discipline.

• Intervention, design and implementation of programs. aimed at the prevention, treatment, rehabilitation and integration of legal actors in their different environments (community, prison environment, etc.), both at the individual and group level.

• Education and training, understood as the training and/or selection of the professionals involved in the legal system (lawyers, lawyers, lawyers, prison staff, etc.), both at the individual and group level. involved in the legal system (lawyers, judges, prosecutors, police, prison staff, etc.) both in terms of content and psychological techniques useful in their work.

• Social prevention campaigns in the media in the face of criminality elaborating and advising on social information campaigns for the population at risk and the general population.

• The investigation of the diverse problematic of Legal Psychology. of Legal Psychology.

• The study and research to contribute to improve the situation of the victim and his interaction with the legal system. and their interaction with the legal system.

Concluding

In conclusion, and in a synthetic way, it could be said that Psychology and Law are united since both share the same object of study: human behavior. and Legal Psychology makes it possible to contribute the knowledge of Psychology on human behavior in an objective way regardless of the point of view or field of action where it is being analyzed and to consider the judicial process, bringing it closer to society.

Although, unfortunately, in those cases in which the political aspect outweighs the social aspect, there is no effective relationship between Psychology and Law and situations arise in which the psychological aspects of human behavior have less relevance when making a decision or reaching a final resolution.