Legal Psychology: Understanding Its Role in the Justice System

Posted on Dec 9, 2024 in Social sciences

Definition

Legal psychology is an area of specialized psychological work and research aimed at studying the behavior of legal actors in the field of law and justice. This area is recognized by national and international associations and organizations of legal and/or forensic psychology.

Psychology Applied to the Courts

The Legal and Child Psychology: Through studies, the psychologist should inform the child’s situation and what the chances of their rehabilitation and treatment are. Thus, the psychologist helps the justice system apply scientific legal criteria. The psychologist performs a range of interventions, such as the design and monitoring of treatment. Their functions in the Juvenile Courts are:

To issue technical reports of the specialty requested by the judge.
To advise on measures to be applied.
Follow-up interventions.

Applied Psychology in Family Law: Their roles in the family courts are:

To issue technical reports of the specialty requested by the court in the processes of rupture of couples with children (separation, divorce, annulment, and incidents amended).
To issue the reports of the specialty in other situations arising from family law: guardianships, foster care, adoption, authorization for marriage, etc.
Monitoring of cases.
Advice to the judges and prosecutors.

Applied Psychology in Civil Law: Advice and expertise on various legal constructs, such as civil capacity in decision-making, and in all those situations capable of working in the field of psychology within civil law.

Psychology Applied to Labor Law: Advising the courts on psychological effects in accidents, simulation, and psychophysiological problems, which includes the new Law on Prevention of Occupational Risks.

Applied Psychology in Administrative Law: Reporting both on non-contributory disability and on valuation and rating systems in the selection or promotion of personnel that perform public administrations.

Applied Psychology to Criminal Law: Its functions are:

To issue reports on the psychology of testimony.
To issue reports for judges and courts on defendants and victims.
To select and streamline the jury.
To advise and mediate on issues of prison security.

Prison Psychology

Principles:

Be based on the scientific study of the constitution, temperament, character, skills, and attitudes of the subject to be discussed, as well as the dynamic, motivational system and developmental aspect of your personality, leading to a global prosecution of the same.
Directly related to criminal personality diagnosis.
Be individualized.
In general, will be complex.
Be scheduled.

The functions of the prison psychologist:

Study the personality of the inmates from the perspective of the science of psychology and according to their methods, describing and assessing their temperamental traits, character traits, aptitudes, attitudes, motivational and dynamic system, and in general, all sectors and personality traits as it deems relevant to the interpretation and understanding of being and acting of observed.
Define and correct the application of psychological methods most appropriate for the study of each inmate. Interpret and evaluate the psychometric tests and projective techniques, making them a joint assessment with other psychological data, accounting for drafting the final psychological report, which will be integrated into the proposed classification or treatment program.

Judicial Psychology (Testimony, Jury)

Psychology of Testimony consists of a set of knowledge based on research results from the fields of experimental and social psychology, which attempt to determine the quality (accuracy and credibility) of the testimony that witnesses provide on crimes, accidents, or daily events. Regarding the jury, the psychologist works in the assessment of the jurors, as well as investigating the decision-making processes, social influence, etc.

Police and Armed Forces Psychology

Its functions are:

Personnel selection.
Training.
General and/or specific studies.
Social and labor climate analysis jobs.

Main contributions of military legal psychology focus on three tasks:

Jobs similar to “Civil Legal Psychology.” Conducting psychological assessments made to professional military personnel and civilian staff related to the military before various courts, mostly medical in nature. Interventions are also within the scope of the military prison, belonging to the teams and treatment.
Legal psychology studies on specific military areas: the practical nature of their involvement in them are carried out on those issues related to the Armed Forces who have a great interest.
Theoretical studies on specific areas in which the Armed Forces are involved, as for example, the legal aspects of the implementation of the rules and usages of psychological warfare, legal components, and psychological implications in the concept of “defense of the community,” etc.

Victimology

The care of victims should include the following (Soria, 2002):

Global intervention on the whole process of victimization, ranging from preventive aspects to the second victimization.
Comprehensive care focusing on psycho-socio-juridical aspects.
Victimology studies on a large scale to improve prevention efforts and intervention.

Its functions are:

Care, treatment, and monitoring of victims in different degrees.
Study planning, prevention and risk groups, and information campaigns to the general population.

Mediation

Mediation is conducted by the parties to a dispute with the help of an impartial third party, the mediator, who helps to achieve consensual agreements that will enable a peaceful solution to the conflict situation.

The functions of the Ombudsman are:

Prepare a proper context for the parties to communicate.
Design the process of mediation.
Offer the parties tools to manage the conflict.

Mediation provides a rational way to resolve conflicts that are difficult to solve or represent a high cost for individuals and society. Mediation also promotes communication between the parties and the consolidation of the agreements. Mediation promotes freedom and responsibility of individuals and is part of a process of democratization of society, accepting diversity and regulating conflicts from a peaceful perspective.