Forensic Psychology and Its Role In Criminal Investigation, Slides of Psychology

Download Forensic Psychology and Its Role In Criminal Investigation and more Slides Psychology in PDF only on Docsity! International Medico-Legal Journal February 2021 ISSN: 2347- 3525 1 | P a g e Forensic Psychology and Its Role In Criminal Investigation Sharon Dinil Kumar1, Shreenya Sharma2, Sneha Ilame3, Sonali Singh4, Vaishnavi Bhedodkar5 AIM OF THE REPORT The main purpose of this report is to highlight the current scenario of Forensic Science and Criminology in India by focusing on one of the many fields i.e. Forensic Psychology. We aim to find out whether the public of India is aware of applications of Psychology in Forensic Investigation, how common is mental illness in India and what is the status of forensics worldwide and in our own country. By the means of this report we try to attract attention of authorities towards the significance of need for Forensic Psychologists, regulations, and training facilities, to aid in Criminal Investigations. INTRODUCTION Psychology is the scientific study of behaviour and mental processes of both human and animals. The four basic goals of psychology are i) Description -What exactly is happening ? ii) Explanation-Why did it happen? iii) Prediction-When can it happen again ? iv) Control - How can it be changed ? (Ciccarelli and White, 2012) The word forensic is derived from Latin term “forensis” meaning platform or forum. Forensic science in general is application of scientific methods and techniques for the purpose of administration of justice (Veeraraghavan, 2009). Psychology and Criminology are two different terms and fields, but they are equally important and interdependent. Psychology is the scientific study of Behaviour, includes criminal acts and behaviour while Criminology is generally defined as the scientific study of crime and criminals (Patherick, Turvey and Fergusson, 2009). Various schools of thoughts of Psychology enable and encourage the understanding of behaviours. The school of thoughts in psychology: 1) Psychoanalysis 2) Behaviourism 3) Humanistic (Veeraraghavan, 2009). Many psychological factors affect criminal behaviour, 1 Completed MSc. Forensic Science from Gujrat Forensics Science University, Gujrat 2 Pursuing MSc. Forensic Science from Teesside University, UK 3Pursuing BSc. Forensic Science from Government Institute of Forensic Science, Nagpur 4 Completed MSc. Forensic Science from Galgotias University, Noida 5 Pursuing BSc. Forensic Science from Government Institute of Forensic Science, Aurangabad International Medico-Legal Journal February 2021 ISSN: 2347- 3525 2 | P a g e according to various psychological theories, when a person does an act it is the reflection of their own thoughts and feelings. Problems in the thought process give rise to criminal behaviour and many various reasons may include committing a crime like greed, revenge, jealousy, anger, or pride (Bartol and Bartol, 2008). Forensic psychology covers all the aspects of psychology which are relevant to the whole legal and criminal process , here we apply the psychological principles and knowledge to various legal activities from crime against children , in case of child abuse ,child custody disputes to assessing the mental and physical conditions of a person ability and competency to stand trial, to advise judges in matters relating to sentencing to name a few (Veeraraghavan, 2009). As per the American Psychological Association (APA) ,2000. “Forensic psychology is the professional practice done by the psychologists in the area of clinical, counselling, neuro and school psychology, when they are engaged regularly as experts and represent themselves as such. Mainly to provide professional psychological expertise to the judicial system.” (Veeraraghavan, 2009) The American Board of Professional Psychology (ABPP), defines forensic psychology as “Application of science and profession of law to questions and issues relating to psychology and the legal systems.” It draws attention towards diverse disciplines such as law, sociology, political science, anthropology, philosophy, medicine, and linguistics (Veeraraghavan, 2009). Forensic psychologists have indeed various responsibilities in the Criminal justice system. The roles played by them can be broad and varied. • Forensic psychologists provide information and advice to officials in the legal system such as lawyers/judges. • They act as expert witnesses. • Diagnose and treat criminals within the prison system. • They administer psychological tests to criminal defendants. • Forensic psychologist may help either the prosecution or defence in a trial by helping determine which potential jurors (Ciccarelli and White, 2012). As we look into we can see that forensic psychology includes all services of psychological nature as applied to the legal system and legal requirements .Psychology helps us to understand criminals and criminal behaviour ,without understanding the psychology of crime it is not possible to give proper judgement to any of the case (Veeraraghavan, 2009). Specific areas of work where forensic psychology includes: • Divorce and child custody mediation • Determining insanity of a person and competency to stand trial. • Jury selection and case strategy • Expert opinion/testimony on questions of psychology nature. • Psychology testing and evaluation International Medico-Legal Journal February 2021 ISSN: 2347- 3525 5 | P a g e For instance, in the Mental Health Act 2012, regarding the crime the crimes committed by mentally ill persons who labelled as insane were sent for treatment to the hospital. The first lie detection division was set up at the Central Forensic Science Laboratory (CFSL) of the Central Bureau of Investigation (CBI) by 1968. In the very beginning, there were no proper training centers’ for professionals to be trained for lie detection. That time to conduct the lie detection tests they followed the procedures and methodologies described by Reid and Inbau in the book “Truth and Deception: The polygraph (lie-detector) technique” published in 1966. Since 1972, many forensic science laboratories had been started polygraph machines in various states of India. While the forensic psychology department as such by name was not established in many state FSL’s instead many FSL had Lie Detection Division in which polygraph was used. Dr. S.L. Vaya conducted the first narco-analysis authorized by the court in 1989. But this was against the person in question. Later many more innovations had been taken place in the field of forensic psychology. This polygraph and narco-analysis are also used in many cases such as the Nithari killings, stamp scan, the double murder case of Noida. For forensic psychology to become one of the important parts of the criminal investigation a lot more work needs to be done and a lot more acceptance is essential. GLOBAL PERSPECTIVE Forensic psychology has an important role in bringing about the parts of a criminal investigation. The role of psychology to learn behavioural reasoning is equally important aspects. According to the law stated in different countries, it is different for various places all around the world. According to David Alan Landry (Retired DoD federal police officer Author for the United Kingdom) Stated that its confluences psychology, criminology, and criminal justice. The important aspects of criminal behaviour and motives do not have much value in the court of law when the crime itself has been committed. The importance of Forensic psychologies part to play is at post criminal trials. Trained criminal psychologists working with human behaviour closely with the entire justice department with intent to not only understanding as well as reduce and prevention of offending behaviour. They work in various wavelengths from being an expert witness for the victim to helping rehabilitate the offender to assisting in the selection of a jury. The importance of rehabilitation for the offenders to change and rebuilt themselves before they head out to the real world. They need to change their perception of themselves so that they limit the possibility of making the next generation into criminals. Very often criminal psychologist is required to determine the reasons what may have led to criminal behaviour. The state of mind requires a psychologist to deal with the meetings and interview. International Medico-Legal Journal February 2021 ISSN: 2347- 3525 6 | P a g e Consider the work essential for a criminal psychologist to be extremely trained with law, human behaviour, sociology, biology, and forensics. The important part regards the forensic psychology is based on very important interaction with the different sets of criminals. The current possibility of the different psychopathic behaviour is highly seen and their different type of mode of crime. Their role to bring about the precise relates to the completion of their findings on how the criminal behavior may have the lead. Forensic psychology can assist in the integrity check of the witness as the witness is easily influenced by external factors and sometimes may give false convictions . As there are many aspects where forensic psychology is prominent ; the psychologist does counselling of police ,army and para-military personnels. Prisoners with mental disorders could be treated by forensic psychologists Another response from Cloyd Steiger (who is a Police officer in the United States) has claimed that the importance of forensic psychology to learn about the behavioural pattern is quite critical. The important aspect of the different criminal behaviour is progressed with different scenarios and upbringing. The court of law in the United State do not give wide signification on criminal profiling. The personal history of the subject in its entirely, especially relating to psychological aspects, is important. The data is obtained from the members of the family, friends of the subject, their schoolmates, and colleagues. The types of personality tests are needful for criminal profiling to a certain extent. Forensic psychotherapy has come up in a big way to help the criminal in the criminal justice system. Culprits, victims, or witnesses who are dazed, may need psychotherapy to normalize them. Some accused persons are emotionally so upset that they are not able to stand trial. Psychotherapy stabilizes them and thus enables them to stand trial. Psychotherapy is assuming great importance and is being introduced in the jails for their inmates to make them useful citizens after their release from the jails. Court, about the dangerous potential of a criminal to the society, about the personalized punishment to the offender, to inflict minimum damage to his personality and hence to the society, yet justice is also done to the society at large. He is consulted to stabilize the accused, victims, and witnesses in trials. Advocates, for their clients, to find out if the client is fit to stand trial or not. The plea of temporary insanity at the time of the commission of a crime can be taken or not. If the mental age of the offender can be proved to be such a punishment, an alternative to imprisonment could be pleaded. If the provocation of the victim, beyond tolerance limit, could be shown as a defence plea. The services of forensic psychologists are being utilized increasingly in handling and rehabilitation of the prisoners. Their services are becoming indispensable in the case of juvenile delinquents, to determine the patterns of treatment to normalize their psychological and social personalities. Psychological treatment is also increasingly envisaged for the impulsive criminal. The need for consultancy in family problems is more pressing, especially relating to the custody of the subject. Whether the custody of the parents or of a third party would be in the interest of the child, often calls for the opinion of a forensic psychologist. International Medico-Legal Journal February 2021 ISSN: 2347- 3525 7 | P a g e INDIAN PERSPECTIVE If you are hoping for a better society it is time to enter this field now, before we enter into the present scenario in the forensic psychology in India it is necessary to understand the discipline of psychology & it’s application to the justice delivery system. Recently, the Home Minister of India had announced that they were planning to upgrade six central forensic science laboratories to probe heinous crimes & six central forensic laboratories in the country to soon be upgraded for carrying out efficient & scientific investigation in serious & heinous crimes, the ministry of home affairs has decided to enhance the capacity of six CFSL's under directorate of forensic sciences services in the area of forensic psychology involving external experts. WHO KNOWS WELL ABOUT A CRIME? Precisely none of the stakeholders of justice delivery system! • Neither the judge • Nor the advocates • Nor the police investigators • Nor the forensic experts • Nor the media It is only the victim & the offender who know in and out of the event. Lie Detection unit in Cfsl, CBI, New Delhi from 1972 central forensic science laboratory of central bureau of investigation CFSL, CBI started lie detection division in the year 1972-73 by appointing three psychologists. The instruments they used at that times were called “Machines” • Two different types of polygraphs are under use in the lie detector division of the CFSL one is the Keeler polygraph model 6338 which has four channels to record respiration by plethysmograph & electrodermal response by Galvanograph. •Another type is Lafayette polygraph model 76058. It has two channels to record respiration, one from thoracic region & other from abdominal region. Cardio-vascular changes & electrodermal responses are recorded by Sphygmogmograph & Galvanograph respectively. •After that FSL Ahmedabad started the lie detection unit in 1982 & by 1984 they appointed three psychologists following the CFSL CBI pattern but there were a lot of obstacles in the Ahmedabad appointments because there was already a legislative assembly question going on regarding the purchase of lie detector in 1978 which was neither in use nor working condition. • In 1986 CFSL CBI introduced the qualification of criminology as eligibility criteria for lie detector unit from 2011, though CFSL, CBI has moved on to Forensic psychology their recruitment rules seems like 1986 recruitment rules. Actus Reus Vs Mens Rea (The guilty act vs a guilty mind) International Medico-Legal Journal February 2021 ISSN: 2347- 3525 10 | P a g e SURVEY The authors of this report conducted a survey wherein 260 people participated amongst which 88.8% were Indian (Rest 1.2% from Nigeria and England). Among the participants 63.5% were students by occupation and 1.2% work with Law enforcement. 27.3% students and academicians were from Forensic Science area while 4.6% belonged Law area. A large percentage belong to other organisation including Science, Medical, Commerce, Hotel management, IT, and many other diverse courses. 2.4% of participants were related to Psychology as well. International Medico-Legal Journal February 2021 ISSN: 2347- 3525 11 | P a g e 56.5%, comparatively a very large chunk of people have had experienced psychological trauma either themselves or seen someone going through it. Surprisingly, a large percentage of people 70.3% were not aware at all or were not completely aware of Mental Healthcare Act passed in 2017. As per our survey, only 41.2% were completely aware of that Criminal Psychology is used by Investigative agencies while 87.7% think that Psychology plays an important role in crime. International Medico-Legal Journal February 2021 ISSN: 2347- 3525 12 | P a g e Moreover, 98.4% of the participants believe that maybe or definitely application of psychology in Forensic Investigations can help determine the cause of crime. Nearly half of the participating people (50.4%) feel that every criminal must have had a psychological issue undealt in past that led to commitment of crime. However, only 16.2% people were not aware that IPC recognises ‘Motive’ as an important ingredient in occurrence of a crime. Finally, as for if every accused and victim should be assigned a Forensic Psychologist by Court to aid in investigation, 67.7% agreed, 25.4% were not sure and 6.9% did not agree at all. International Medico-Legal Journal February 2021 ISSN: 2347- 3525 15 | P a g e desire for more of selling drugs for sustaining. The need for juvenile cases is to learn in a hug amount to clear the understanding of new criminal behaviours. The in-built behavioural changes and study of different behaviours is important in criminal justice system. From studies read by the authors and survey conducted, we strongly propose that there is emergent need for India to pay attention towards the development of Forensic Science. As for Forensic Psychology, the survey proves that people of India suffer from Mental Illness but are not aware what to do about it. They are not aware of their rights. Therefore what can be done is: • More graduate, post-graduate and specialised courses can be introduced like other countries in world, so that students have option of choosing Forensic psychology as their career prospective. • Every organisation whether schools, universities, private institutions, offices, government administrations should have a mental health care facility in-built, where trained professionals can work. This way public if not treated, least will be aware of such issues. They would not have to go to big institutions where they are afraid to disclose their identity or feel shy to receive treatment. In such in-built facilities they can be looked after anonymously. For this to happen the psychologists should be taught to handle the cases ethically. • In case the root cause is not treated completely, and someone wounds up with a crime on their hands, and they are not aware what mental and emotional support they can receive, along with the provision which states every individual has right to lawyer, they should also be given right to a Forensic Psychologist and if they cannot afford they will be appointed with one. This way, the Forensic Psychologist can not only assess the mental fitness of the individual to stand trial, but also ethically and within regulations assess the state of offender when he/she commit crime. A forensic psychologist will be able to provide with not only therapeutic support but also take care that human rights are not getting violated during the proceedings and investigation • By the means of aforementioned suggestions, we are not only spreading awareness but educating the people of India, training them and provide them with employment. It will be a win-win situation for everyone. All we need is adequate infrastructure, trained professionals not only in urban areas but especially in rural areas. • Once a Forensic Psychologist is assigned to Criminal in prison, whether they pled insanity or were generally convicted, regular check-ups can be performed so as to make sure they do not pose threat to their inmates in addition to once they get out of prison, are mentally and emotionally fit and do not pose threat to public outside. REFERENCES American Psychological Association (2015) About APA. 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