Enikeev M and the psychology of interrogation. With the basics of general and social psychology. Legal psychology. Short training course. Enikeev M.I.

Legal psychology: Short training course / M.I. Enikeev. - M.: NORM, 2008. - 256 pp.: 84x108 1/32. - (Short training courses in legal sciences). (cover) ISBN 978-5-89123-550-2 - Access mode: http://site/catalog/product/142689 read

978-5-89123-550-2

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Enikeev Marat Iskhakovich

Legal psychology: Textbook / Enikeev M.I. - M.: Legal Norma, Scientific Research Center INFRA-M, 2016. - 512 pp.: 60x90 1/16 (Binding) ISBN 978-5-91768-387-4 - Access mode: http://site/catalog/product /534796 read

978-5-91768-387-4

The textbook corresponds to the curriculum for universities. It examines the content and main problems of legal psychology, legal psychology. Particular attention is paid to the psychological aspects of organized crime. Issues arising during the preliminary investigation and trial are analyzed. Penitentiary psychology and the psychology of civil law regulation and civil proceedings are explored. The publication contains a dictionary of terms of general and legal psychology. For undergraduates, graduate students and teachers of law and other humanities universities and faculties.

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  • KazNU named after. al-Farabi. Right. Legal sciences

Enikeev Marat Iskhakovich

: Textbook / Enikeev M.I. - M.: Legal Norma, Scientific Research Center INFRA-M, 2018. - 448 p. - Access mode: http://site/catalog/product/945542 read

978-5-91768-750-6

The book is included in the collections:

  • KazNU named after. al-Farabi. Right. Legal sciences

Enikeev Marat Iskhakovich

Legal psychology. With the basics of general and social psychology: Textbook for universities / M.I. Enikeev. - 2nd ed., revised. - M.: NORM: INFRA-M, 2010. - 640 pp.: ill.; 60x90 1/16. (hardcover) ISBN 978-5-89123-966-1 - Access mode: http://site/catalog/product/211307 read

978-5-89123-966-1

Enikeev Marat Iskhakovich

Legal psychology: Textbook for universities / M.I. Enikeev. - M.: NORM, 2008. - 512 pp.: 60x90 1/16. (hardcover) ISBN 978-5-89123-258-7 - Access mode: http://site/catalog/product/151755 read

978-5-89123-258-7

Enikeev Marat Iskhakovich

Fundamentals of legal psychology: Textbook / Enikeev M.I. - M.: Legal Norma, Scientific Research Center INFRA-M, 2016. - 448 pp.: 60x90 1/16 (Binding) ISBN 978-5-91768-750-6 - Access mode: http://site/catalog/product /557372 read

978-5-91768-750-6

The textbook fully complies with the state educational standard for the discipline “Legal Psychology”. The textbook details the basics of legal psychology; the basic concepts of legal, criminal and judicial psychology, the psychological characteristics of criminals of various categories, the psychology of the cognitive-search activity of the investigator, the problems of establishing psychological contact with participants in criminal and civil proceedings are revealed. For students, teachers of law schools, law enforcement officials, as well as for those interested in the problems of applied psychology.

Enikeev Marat Iskhakovich

Fundamentals of legal psychology: textbook / M.I. Enikeev. - M.: NORM, 2009. - 448 pp.: 60x90 1/16. (hardcover) ISBN 978-5-468-00253-7 - Access mode: http://site/catalog/product/160629 read

978-5-468-00253-7

Enikeev Marat Iskhakovich

Enikeev, M.I. General and social psychology: textbook / M.I. Enikeev. — 2nd ed., revised. and additional — Moscow: Norma; INFRA-M, 2010.-640 p. - ISBN 978-5-91768-086-6 (Norm); ISBN 978-5-16-004118-6 (INFRA-M). - Text: electronic. - URL: http://site/catalog/product/220529 read

978-5-91768-086-6

The textbook corresponds to the university curriculum of the course “General and Social Psychology” and meets modern didactic and methodological requirements. It reveals a system of general psychological and socio-psychological concepts; the essence of the psyche, mental image; classification of mental phenomena, patterns of cognitive processes and mental states; psychology of personality, its behavioral characteristics in the social environment. Special parts are devoted to social psychology and the historical development of psychology. The book contains a dictionary of psychological terms. The textbook is focused on the problems of legal regulation and legal activity, providing general psychological training in the study of legal psychology. For undergraduates, graduate students and teachers of humanities universities, as well as for a wide range of readers interested in issues of psychology. Approved by the Ministry of Education and Science of the Russian Federation as a textbook for students of higher educational institutions studying in the specialty "Jurisprudence"

Antonyan Yuri Miranovich

Antonyan, Yu. M. Psychology of the criminal and crime investigation[Electronic resource] / Yu. M. Antonyan, M. I. Enikeev, V. E. Eminov. - M.: Yurist, 1996. - 336 p. - ISBN 5-7357-0120-7. - Access mode: http://site/catalog/product/463008 read

The book, for the first time in a combined form, provides a detailed psychological description of the personality of a criminal, the psychology of criminal behavior and the psychology of crime investigation. It substantiates the position that the origins of criminal behavior lie in early childhood and are formed throughout life. Particular attention is paid to the psychological alienation of a child from his parents, and then an adult from society and its values. Current issues in the psychology of investigative activities, the psychology of interrogation, inspection of the scene of an incident, confrontation, search and other investigative actions are revealed. The results of some psychological studies are described. The work is intended for law enforcement officers, students, graduate students and teachers of law schools, psychologists, and for anyone interested in the problems of fighting crime in our country.

The book is included in the collections:

  • KazNU named after. al-Farabi. Right. Legal sciences

Antonyan Yuri Miranovich

Antonyan, Yu. M. Psychology of crime and punishment[Electronic resource] / Yu. M. Antonyan, M. I. Enikeev, V. E. Eminov. - M.: Penates - Penates, 2000. - 451 p. - Access mode: http://www.site/ read

The book represents the first attempt to consider the psychology of the criminal and criminal behavior in combination with the psychology of execution of punishment, revealing their unity to increase the effectiveness of the fight against crime. For the first time, new psychological data about the criminal and the subjective sources of his criminal activity are published. Particular attention is paid to the psychology of participants in criminal proceedings and the psychology of investigative actions in the general criminological context of crime and punishment. Questions of penitentiary psychology of execution of punishment and correction of criminals, as well as a dictionary of terms will be of undoubted interest to readers.

The book is included in the collections:

  • KazNU named after. al-Farabi. Right. Legal sciences

Enikeev M.I. Fundamentals of general and legal psychology . - M.: Lawyer, 1996. - 631 p.

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Preface 3
Introduction 4

Part I. Fundamentals of general and social psychology
Section I. Methodological issues in psychology 9
Chapter 1. Historical outline of the development of psychology 9
§1. Psychology in the Ancient World and the Middle Ages 9
§2. Formation of psychological concepts in the XVII-XVIII centuries 12
§3. Development of psychology and neurophysiology in the 19th century 16
§4. Psychological schools of the first half of the 20th century 21
§5. Development of neurophysiology and psychology in Russia 32
§6. Modern trends in foreign psychology 41
Chapter 2. Subject and methods of psychology. General concept of the psyche. Classification of mental phenomena 44
§1. Subject and methods of psychology 44
§2. General concept of the psyche 45
§3. Classification of mental phenomena 46
Chapter 3. The emergence and development of the psyche 48
§1. Development of the psyche in the process of evolution 48
§2. Human psyche. Consciousness as the highest form of psyche 49
Chapter 4. Neurophysiological foundations of the psyche 53
§1. Structure and functions of the nervous system 53
§2. Principles and laws of higher nervous activity 58
§3. Typological features of higher nervous activity in humans and higher animals 61
§4. Features of human higher nervous activity 62
Section II. Motivation and regulation of behavior. Mental processes and states 65
Chapter 1. Motivation of activity and behavior 65
§1. The concept of activity and behavior 65
§2. Needs, motivational states and motives for activity 66
§3. Types of motivational states: attitudes, interests, desires, aspirations, drives 68
Chapter 2. Organized consciousness - attention 73
§1. The concept of attention 73
§2. Neurophysiological basis of attention 73
§3. Properties of attention 74
§4. Individual characteristics of the orientation of consciousness 76
§5. Mental states of non-pathological disorganization of consciousness 77
Chapter 3. Sensations 79
§1. General concept of sensations 79
§2. Neurophysiological basis of sensations 80
§3. Classification of sensations 81
§4. General psychophysiological patterns of sensations 81
§5. Features of certain types of sensations 85
§6. Using knowledge about patterns of sensations in investigative practice 92
Chapter 4. Perception 94
§1. General concept of perception 94
§2. Neurophysiological basis of perception 94
§3. Classification of perceptions 95
§4. General patterns of perception 96
§5. Features of the perception of space and time 100
§6. Taking into account the patterns of perception in investigative practice 104
§7. Investigator's Observation 106
Chapter 5. Thinking 108
§1. Concept of thinking 108
§2. Classification of thinking phenomena 110
§3. General patterns of thinking 111
§4. Mental operations 113
§5. Forms of thinking 115
§6. Types of thinking and individual qualities of the mind 117
§7. Mental activity as a process of solving a non-standard problem 119
Chapter 6. Imagination 124
§1. The concept of imagination 124
§2. Neurophysiological basis of imagination 125
§3. Types of imagination. The role of imagination in the activities of the investigator 125
Chapter 7. Memory 129
§1. Concept of memory 129
§2. Neurophysiological basis of memory 129
§3. Classification of memory phenomena and their brief characteristics 130
§4. Patterns of memory processes, conditions for successful memorization and reproduction 133
§5. Using knowledge about memory patterns in investigative practice 138
Chapter 8. Volitional regulation of activity 143
§1. The concept of will 143
§2. Neurophysiological foundations of will 146
§3. Activity, its structure and volitional regulation 146
§4. Volitional states 157
Chapter 9. Emotional regulation of activity 161
§1. Concept of emotions 161
§2. Physiological bases of emotions and feelings 164
§3. Properties and types of emotions and feelings 167
§4. General patterns of emotions and feelings 182
§5. Emotions and feelings in investigative practice 185
Section III. Mental properties of personality and interpersonal relationships 188
Chapter 1. Personality and the structure of its mental properties 188
§1. The concept of personality and its properties. Personality and society 188
§2. Structure of mental properties of personality 190
Chapter 2. Sets of personality properties - temperament, abilities, character 192
§1. Temperament 192
§2. Abilities 198
§3. Character 203

Part II. Fundamentals of legal psychology
Section I. Subject, system, methods and historical development of legal psychology 215
Chapter 1. Subject, tasks, structure and methods of legal psychology 215
Chapter 2. Brief historical sketch of the development of legal psychology 217
§1. Development of legal psychology in Western countries 217
§2. Development of domestic legal psychology 220
Section II. Legal psychology 226
Chapter 1. Basic problems of legal psychology 226
§1. Personality socialization is the basis of socially adapted behavior 226
§2. Legal socialization, legal consciousness and law-enforcement behavior 229
§3. Law as a factor of social regulation. Problems of legal reorientation in the transition period of social development 234
Section III. Psychological aspects of civil law regulation and civil proceedings 239
Chapter 1. Psychology of interaction between people in the field of civil regulation 239
§1. Civil legal regulation as a factor in the organization of social relations 239
§2. Civil law and the formation of market psychology 244
§3. Psychological aspects of civil law regulation 252
Chapter 2. Psychological aspects of civil process 255
§1. Positions of the parties in civil proceedings and their communication activity 255
§2. Psychological aspects of preparing civil cases for trial 259
§3. Psychological aspects of organizing a court hearing and court ritual 263
§4. Psychology of interpersonal interaction in civil proceedings 265
§5. Psychological aspects of the activity of a lawyer in civil proceedings 270
§6. Psychology of the prosecutor’s activities in civil proceedings 272
§7. Psychology of judicial speech in civil proceedings 274
§8. Cognitive activity of a civil court - the court’s knowledge of the circumstances of the case 275
§9. The problem of fairness of judicial decisions 279
Chapter 3. Forensic psychological examination in civil proceedings 283
§1. Competence of forensic psychological examination in civil proceedings 283
§2. Stages, methods and procedures of forensic psychological examination in civil proceedings 285
§3. Conclusion of an expert psychologist. Formulating questions for an expert 287
Chapter 4. Psychological aspects of the activities of the arbitration court 295
Section IV. Criminal psychology Psychology of the personality of the criminal, criminal group and criminal act 301
Chapter 1. Psychological characteristics of the personality of the criminal and the criminal group 301
§1. The concept of personality and typology of criminals 301
§2. Orientation-behavioral personality diagram of a criminal 305
§3. Violent, selfish and selfishly violent types of criminals 311
§4. Psychological characteristics of juvenile delinquents 314
§5. Psychology of a criminal group 318
Chapter 2. Psychological factors in the formation of criminal behavior of an individual 323
§1. The problem of psychological causes of criminal behavior 323
§2. Unity of socio-biological factors of criminal behavior 328
Chapter 3. Psychology of a criminal act 339
§1. The concept of the psychological structure of a criminal act 339
§2. Motives and goals of a criminal act 340
§3. Reasons for the crime. Making decisions to commit a criminal act 345
§4. Method of committing a criminal act 348
§5. Result of a criminal act 351
§6. Psychology of guilt 352
§7. Social and psychological aspects of legal responsibility 354
Section V. Psychology of criminal proceedings. Psychology of preliminary investigation 355
Chapter 1. Psychology of the investigator and investigative activities 355
§1. Professional and psychological characteristics of the investigator’s personality 355
§2. Cognitive and identification activities of the investigator 359
§3. Psychology of the communicative activity of an investigator 364
§4. The problem of reliability in the evidentiary work of the investigator 378
Chapter 2. Psychology of investigative and search activities 383
§1. Modeling criminal activity and criminal personality 383
§2. Structure of the investigator’s search activity 392
Section VI. Psychology of investigative actions 412
Chapter 1. Psychology of crime scene inspection 412
Chapter 2. Psychology of search 429
Chapter 3. Psychological aspects of excavation 440
Chapter 4. Psychology of interrogation 444
§1. From the history of interrogation psychology 444
§2. Psychology of testimony formation 446
§3. Psychological aspects of preparing an investigator for interrogation 455
§4. Psychology of interaction between the investigator and the interrogated at various stages of interrogation 459
§5. Psychology of interrogation of the victim 469
§6. Psychology of interrogation of a suspect and accused 471
§7. Psychology of witness interrogation 486
§8. Psychology of interrogation of minors 496
§9. Psychology of Confrontation 506
Chapter 5. Presentation for identification. Psychological features of identification 510
Chapter 6. Psychology of checking testimony on the spot 517
Chapter 7. Psychology of investigative experiment 518
Chapter 8. Psychological characteristics of investigative activities in the investigation of certain types of crimes (using the example of murder investigations) 521
Chapter 9. Forensic psychological examination in criminal proceedings 530
§1. Subject, competence, methods and organization of forensic psychological examination 530
§2. Reasons for the mandatory appointment of an SPE and raising questions before the SPE 532
§3. Reasons for the optional (optional) appointment of SPE 535
§4. Forensic psychological examination in the investigation of certain road traffic accidents (RTA) 543
§5. Comprehensive psychological and psychiatric examination 545
§6. Comprehensive forensic medical and psychological examination 547
Section VII. Psychology of judicial activity (in criminal cases) 550
Chapter 1. Psychological features of judicial activity 550
§1. Goals and objectives of judicial activity 550
§2. Psychological characteristics of judicial activity. Psychology of a judge 552
§3. Psychological characteristics of the stages of trial 553
§4. Judicial speech 561
§5. Psychology of the prosecutor's activities in court. Prosecutor's speech 571
§6. Psychology of lawyer activity. Lawyer's speech 575
§7. Psychology of the activity of a lawyer as a representative of the victim 583
§8. The last word of the defendant 584
§9. Psychology of sentencing 586
§10. Psychological aspects of assessing criminal behavior and assigning criminal punishment 589
Section VIII. Penitentiary (correctional) psychology 597
Chapter 1. Psychological foundations of resocialization of convicts 597
§1. Subject and tasks of correctional (penitentiary) psychology 597
§2. Psychological aspects of the problem of punishment and correction of criminals 597
§3. Organization of life activities of pre-trial prisoners and convicts 603
§4. Study of the personality of the convicted person. Methods of influencing a convicted person for the purpose of resocialization 613
§5. Social readaptation of the released 618
Literature 621

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M. I. Enikeev

Legal

psychology

With the basics in common

And social psychology

Textbook for universities

Publishing house NORMA Moscow, 2005

UDC 159.9(075.8) BBK 88.3ya73

Enikeev M. I.

E63 Legal psychology. With the basics of general and social psychology: Textbook for universities. - M.: Norma, 2005. - 640 p.: ill.

ISBN 5-89123-856-X

In accordance with the curriculum, the textbook reveals the basic concepts of general, legal, criminal and forensic psychology. Unlike other similar publications, it sets out in detail the general psychological foundations of legal psychology, reveals the psychological characteristics of criminals of various categories, the psychology of the cognitive-search activity of the investigator in information-deficient situations; The problems of establishing psychological contact with participants in criminal proceedings are discussed in detail. A chapter on the psychology of civil proceedings was introduced into the textbook for the first time.

For students, teachers of law schools, law enforcement officials, as well as those interested in problems of general and applied psychology.

§ 2. The relationship between three levels of human mental activity: unconscious, subconscious

and conscious. Current organization of consciousness - attention

§ 3. Neurophysiological foundations of the human psyche. .

§ 4. Classification of mental phenomena

Chapter 3. Cognitive mental processes

§ 1. Sensation

§ 2. Using knowledge about the patterns of sensations

in investigative practice

§ 3. Perception

§ 4. Taking into account the laws of perception

in investigative practice

§ 5. Thinking and imagination

§ 6. Memory

§ 7. Using knowledge about memory patterns

in investigative practice

Chapter 4. Emotional mental processes

§ 1. The concept of emotions

§ 2. Physiological foundations of emotions

§ 3. Types of emotions

§ 4. Patterns of emotions and feelings

§ 5. Emotions and feelings in investigative practice

Chapter 5. Volitional mental processes

§ 1. The concept of will. Volitional regulation of behavior

§ 2. Structure of volitional regulation of activity

§ 3. Volitional states and volitional qualities of the individual

§ 4. Personal behavior as an object of criminal law

Chapter 6. Mental states

§ 1. The concept of mental states

§ 2. General functional states of mental activity

§ 3. Borderline mental states

§ 4. Self-regulation of mental states

Chapter 7. Personality psychology

§ 1. The concept of personality. Socialization of personality.

The structure of mental properties of personality

§ 2. Human temperament

§ 4. Abilities

§ 5. Character

§ 6. Mental self-defense of the individual

Chapter 8. Psychology of social interaction of the individual

(social Psychology)

§ 1. Main categories of social psychology

§ 2. Behavior of people in a socially unorganized community

§ 3. Socially organized communities

§ 4. Organization of life activities of small social groups

§ 5. Psychology of communication and interpersonal relationships

interaction in communication

§ 7. Psychological mechanisms of self-regulation

large social groups

§ 8. Psychology of mass communication

Chapter 9. Legal psychology

§ 1. Social and regulatory essence of law

§ 2. Humanistic essence of modern law

§ 3. Social and psychological aspects

effective lawmaking

Chapter 10. Legal awareness and law enforcement behavior

personalities

§ 1. Legal socialization of the individual

§ 2. Legal awareness and law enforcement behavior

Chapter 11. Criminal psychology

§ 1. System of factors determining criminal behavior..

§ 2. Psychology of the criminal’s personality

§ 3. Typology of the personality of the criminal

§ 4. Violent type of criminal

§ 5. Selfish type of criminal

§ 6. Psychological characteristics

professional criminals

§ 7. Psychology of careless criminals

§ 8. Psychological characteristics

juvenile offenders

§ 9. Mechanism of the criminal act

§ 10. Committing a crime as part of a criminal group. . .

§ 11. Psychology of terrorism and riots

§ 12. Social and psychological aspects of crime

§ 13. Psychological aspects of legal liability

Chapter 12. Psychology of preliminary investigation

crimes

§ 1. Psychological characteristics of the investigator’s personality

§ 2. Cognitive-certifying and organizational

investigator's activities

§ 3. Investigative and search activities

in information-deficient situations

§ 4. Interrelation of investigative

and operational investigative activities

§ 5. Psychology of detaining an offender

Chapter 13. Psychology of investigator’s communicative activity

§ 1. Interaction between the investigator and the accused.

Psychology of the accused

§ 2. Interaction between the investigator and the victim.

Psychology of the victim

§ 3. Interaction of the investigator with witnesses.

Psychology of witnesses

§ 4. Psychological contact in investigative activities.

Techniques of legitimate mental influence on persons

opposing the investigation

Chapter 14. Psychology of interrogation and confrontation

§ 1. Interrogation as obtaining and securing personal evidence

§ 2. Psychology of activation of interrogated persons

and asking questions by the investigator

§ 3. Psychological features of individual stages of interrogation. . .

§ 4. Psychology of interrogation of the victim

§ 5. Psychology of interrogation of a suspect and accused

§ 6. Diagnosis and exposure of falsity of testimony

§ 7. Techniques of legitimate mental influence

on an interrogated person opposing the investigation

§ 8. Psychology of interrogation of witnesses

§ 9. Psychology of confrontation

Chapter 15. Psychological aspects of other investigative actions. . .

§ 1. Psychology of crime scene inspection

§ 2. Psychological aspects of examining a corpse."

§ 3. Psychological aspects of the examination

§ 4. Psychology of search

§ 5. Psychology of presenting objects for identification

§ 6. Psychology of checking testimony on the spot. . .

§ 7. Psychology of investigative experiment

§ 8. Systematic organization of investigative actions

(using the example of murder-for-hire investigation)

Chapter 16. Purpose and production of forensic psychological

examinations in criminal cases

§ 1. Subject, competence and structure

§ 2. Reasons for mandatory appointment

forensic psychological examination

§ 3. Reasons for optional appointment

forensic psychological examination

§ 4. Complex forensic examinations

Chapter 17. Psychology of judicial activity in criminal cases. . .

§ 1. Psychological features of judicial activity

§ 2. Psychological aspects of judicial investigation

§ 3. Psychology of judicial interrogation

§ 4. Psychology of judicial debates and judicial speech

§ 5. Psychological characteristics of the prosecutor’s activities

§ 6. Psychology of judicial activity of a lawyer

§ 7. The last word of the defendant

Chapter 18. Psychological aspects of the court’s assessment of a crime

and sentencing

§ 1. Psychological aspects of justice and legality

criminal punishment

§ 2. Psychology of sentencing

Chapter 19. Psychological foundations of resocialization

convicts (correctional psychology)

§ 1. Subject and tasks of correctional psychology

§ 2. Life activity and psychological state

pre-trial prisoners and convicts

§ 3. Study of the personality of the convicted person. Methods of influence

on the convicted person for the purpose of his resocialization

Chapter 20. Psychology of civil legal regulation

and civil proceedings

§ 1. Psychological aspects of civil law

regulation

§ 2. Psychological aspects of organization

civil process and psychology of its participants

§ 3. Psychological aspects of training civil grandfathers

to trial

§ 4. Psychological aspects of organization

court session

§ 5. Psychology of interpersonal interaction

in civil proceedings

§ 6. Psychology of judicial speech in civil proceedings

§ 7. Psychological aspects of a lawyer’s activities

in civil proceedings

§ 8. Psychology of the prosecutor’s activities in civil proceedings

§ 9. Psychology of the court’s knowledge of the circumstances of the case

and decision making

§ 10. Forensic psychological examination

in civil proceedings

Chapter 21. Psychological aspects of activity

arbitration court and legal organizations

§ 1 . Psychology of the activities of the arbitration court

§ 2. Psychological aspects of notary activity

§ 3. Social and psychological aspects of activity

bar associations

Terminological dictionary

Literature on general and social psychology

Literature on legal psychology

Preface

Textbook “Legal Psychology. With the Fundamentals of General and Social Psychology” by a well-known specialist in the field of general and legal psychology, Doctor of Psychological Sciences, Professor M. I. Enikeev fully complies with the curriculum of the course “Legal Psychology”. It has been widely tested in many years of teaching practice both at the Moscow State Law Academy (MSAL) and in other legal educational institutions.

This textbook is distinguished by its deep modern scientific content, systematicity, accessibility and careful didactic elaboration. It consistently reveals the main problems of legal, criminal and forensic psychology. The book equips students with the necessary professional knowledge on the legal socialization of the individual, the psychological characteristics of criminals of various categories, the psychology of cognitive search activity in information-deficient initial situations.

The author comprehensively examines the problems of establishing psychological contact with participants in criminal and civil proceedings, systematizes methods of lawful mental influence on persons opposing the investigation of crimes, and explores the subject and reasons for the significance of forensic psychological examination. The topics discussed in the textbook are “Psychology of terrorism and riots”, “Social and psychological aspects of crime”, “Social and psychological aspects of the activities of lawyer associations”, etc.

Unlike other similar publications, this textbook contains a detailed presentation of the general psychological foundations of legal psychology. It examines the psychology of not only criminal proceedings, but also civil regulation.

The presented book is largely the result of long-term scientific research by the author, which

embodied in his doctoral dissertation “The System of Categories of Legal Psychology” and in a number of other cardinal scientific works.

Professor M.I. Enikeev developed a number of fundamental scientific problems that are significant for criminology and criminology - factors in the determination of criminal behavior, the psychology of the criminal’s personality, the psychological foundations of the general theory of investigation and forensic diagnostics, the psychology of individual investigative actions, issues of forensic psychological examination and etc.

M. I. Enikeev is a co-author of the well-known book “Psychology of Crime and Punishment” (M., 2000).

M. I. Enikeev stood at the origins of the formation of legal psychology as a science and academic discipline. His first work, Forensic Psychology, was published in 1975. Ministry of Higher Education

The USSR approved the first curriculum it compiled for the course “General and Legal Psychology,” and the publishing house “Legal Literature” published the first systematic textbook “General and Legal Psychology,” approved by the Ministry of General and Professional Education. Subsequent textbooks by M. I. Enikeev were continuously improved in scientific and methodological aspects.

The textbook offered to the reader can rightfully be recognized as basic for law schools. It will be useful and interesting not only for students and teachers, but also for law enforcement officials.

V. E. Eminov,

Doctor of Law, Professor, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation, Head of the Department of Criminology, Psychology and Criminal Law

Moscow State Law Academy

§ 9. Techniques of legitimate mental influence on the personality of the interrogated person, counteracting the investigation

Techniques of legitimate mental influence - techniques for overcoming opposition to the investigation. Disclosure of the meaning and significance of available information, the meaninglessness and absurdity of false testimony, the futility of the position of denial is the basis of the investigator’s strategy in a situation of counteracting the investigation.

To implement this strategy, high reflexivity, information acumen, flexibility, and the ability to use the information received to develop the investigation process are required.

In overcoming the opposition of persons trying to misinform the investigation, the advantage is objectively on the side of the investigator: he knows the case materials, has the opportunity to carefully prepare for the interrogation, study the personality of the person being interrogated, his strengths and weaknesses, the characteristics of his behavior in conflict situations, and use a system of effective coping techniques counteraction.

However, the investigator also faces his own difficulties. Techniques and means of psychological influence on interrogated persons have limits provided by law. The law prohibits the solicitation of testimony through violence, threats and other illegal measures.

In legal proceedings, mental violence is unacceptable - blackmail, threats, deception, unfounded promises, the use of religious prejudices, lack of culture of the interrogated, ignorance of his rights, etc. Along with this, there are also moral and psychological limits of influence. Prolongation of neuro-emotional breakdowns and aggravation of severe mental states are morally unacceptable.

However, when solving tactical problems, harsh methods of mental influence are inevitable, placing the behavior of the opposing person within a framework that limits his decisions.

Techniques for overcoming opposition to the investigation, as a rule, are designed for the critical thinking of the accused and his analysis of the progress of the investigation. Sometimes the accused (suspect) can anticipate the successes of the investigation, which in reality may not yet be achieved. Bringing the accused to such a reflection of reality for tactical purposes is not only not reprehensible, but also not illegal. This forms the basis for successful tactical interaction with him.

Techniques of mental influence have the ultimate goal of psychologically disarming the opposing person, helping him understand the worthlessness and depravity of the chosen means of counteraction, and helping him change the motivation of his behavior.

Methods of mental influence are not methods of suppressing the will of the interrogated person, but methods of logical influence on his consciousness. They are based primarily on identifying internal contradictions in the defensive actions of the opposing person. Their main mental purpose is to demonstrate the unreliability of false testimony, their doom to be exposed.

The falsity of the testimony is exposed, first of all, by the available evidence. The volume of available evidence is the subject of enhanced anticipatory activity of the interrogated person. The perpetrator, as a rule, exaggerates the amount of available evidence, since all the aspects of the act he committed that are significant for the investigation are intensely functioning in his mind. A protective dominant aggravates these processes. (A person who has not committed a crime cannot have an exaggerated idea of ​​the amount of evidence available to the investigation.)

While interrogating K., a murder suspect, the investigator looked at photographs that were visible to K. only from the reverse side. The envelope from which the photographs were taken, with the inscription “Personally to the prosecutor,” lay on the table. Is this action of the investigator acceptable, even if the photographs depicted landscapes or popular film actresses? Admissible, since it did not oblige the suspect to anything. However, it was after this that K. admitted to committing the crime, interpreting the photographs as incriminating circumstances.

Any tactical method of psychological influence is legal if it is not aimed at extorting a confession, is not associated with a violation of moral standards, outright lies, or suppression of the will of the person under investigation.

Often, methods of mental influence are implemented in an acute conflict form, causing a frustrated state of the interrogated person, which reduces the possibility of his resistance.

To enhance the frustrating effect of the main incriminating evidence, it is necessary to have appropriate psychological preparation for its presentation to the interrogated, temporarily switching his attention to circumstances that seem to be favorable to his “legend”. The subsequent contrast effect will be more effective mentally.

However, during interrogation, it is important to correctly and objectively establish the very fact of opposition, and not to show excessive suspicion. You cannot judge truthfulness or untruthfulness only by the emotional manifestations of the person being interrogated (stuttering, blushing, trembling of limbs, etc.). Various hesitations and doubts are not an indicator of opposition either. “A liar always stands his ground, but a truth-teller usually begins to get confused in the end, embarrassed by doubts that have arisen about the truth of his words.”

A psychologically based tactical technique must be selective in its focus - have the greatest impact on the mental state of the perpetrator and be neutral in relation to the innocent.

Standard techniques and primitive “tricks” not only have no tactical effectiveness, but also reveal to the interrogated person the tactical helplessness of the investigator.

Techniques of mental influence on an opposing person in order to change his position and obtain truthful testimony can be divided into the following subgroups:

  • techniques based on the use of individual psychological qualities of the person being interrogated;
  • techniques based on the trust of the interrogated person in the personality of the investigator;
  • methods of informing the interrogated person about the availability of reliable evidentiary information, about the possibilities of forensic examination;
  • techniques that create in the interrogated an exaggerated idea of ​​the volume of available evidence;
  • techniques of increased emotional impact associated with the presentation of unexpected information (Table 4).

The accused (suspect), who opposes the investigation, constantly evaluates the meaning and significance of the questions asked to him, evaluates them as a factor of possible exposure. The very system of the investigator’s questions creates a background of mental tension. Not only direct exposure of a lie, but also everything that is interpreted by the liar as approaching exposure weakens his mental state, causing internal agitation and anxiety. Against this background, the investigator can effectively use the technique of forming in the person under investigation an exaggerated idea of ​​​​the investigator’s awareness. For these purposes, the investigator can widely use data on the identity of the accused (suspect), details of his behavior on the eve of the crime, his connections, demonstration of objects associated with the crime committed by the accused (suspect). The sequence of presentation of evidence must demonstrate the investigator’s awareness of the sequence of criminal actions of the accused (suspect). One of the methods of legitimate mental influence is to hide gaps in the system of evidence from the person under investigation. By showing increased interest in the minor details of the event, the investigator indirectly makes it clear that he already knows the main things. At the same time, it is important that the person being interrogated does not receive information about the investigator’s lack of knowledge on a particular issue, and that the person being interrogated constantly allows information to “leak” and demonstrates awareness of circumstances that can only be known to the person involved in the crime under investigation. As already mentioned, for these purposes the technique of “indirect interrogation” is widely used, when the main questions are disguised as “low-risk”. Thus, questions that reveal the interrogated person’s ignorance of circumstances that he should have known if he alibi was not false, become incriminating. A great opportunity to provide legitimate mental influence lies in the system of presenting evidence.

Here are some rules for effectively presenting evidence:

Table 4 Psychological interrogation techniques
Psychological interrogation techniques in a conflict-free situation Psychological techniques of interrogation in a situation of opposition Psychological techniques for exposing an interrogated person to a lie
Posing personally significant questions that involve conversation, relieving emotional tension, and forming a thinking task. Actualization of interest in the circumstances: a) included in the subject of proof;
b) facilitating the discovery of evidence;
c) necessary for checking and evaluating evidence;
d) necessary to achieve the intermediate goals of the investigation;
e) tactically significant for the interrogation of other persons.
Disclosure of the civic significance of a conscientious position in a situation of indecisiveness of the interrogated.
Revealing the personal meaning of truthful testimony.
Reliance on the positive qualities and personal merits of the person being interrogated.
Providing mnemonic assistance:
- excitation of associations by meaning, temporal and spatial contiguity, similarity and contrast;
- connection to personally significant circumstances, diverse detailed interrogation
Establishing psychological contact, eliminating emotional and semantic barriers, showing empathy and understanding of the mental state of the person being interrogated;
use of operational investigative and expert data;
presentation of evidence in increasing order of significance; use of the surprise factor;
temporary masking of the purpose of the interrogation and the available volume of evidence, creating in the interrogated person the idea of ​​a significant amount of available evidence;
demonstration of the investigator’s awareness of the details of the event under investigation;
reliance on the positive qualities of the person being interrogated;
the use of antipathies towards individual participants in the crime;
presentation of evidence requiring detailed testimony, disclosure of contradictions in testimony, presentation of refuting evidence;
asking incriminating indirect questions, creating situations that cause slips of the tongue
Raising questions that are secondary from the point of view of the person being interrogated, but which actually expose the person’s involvement in the event under investigation.
Using the “unfolding lie” technique. Repeated detailed interrogation on the same circumstances.
Creating an exaggerated impression of the investigator's knowledge.
Sudden posing of key questions, presentation of decisive evidence.
The use of character accentuations, “weak points” of the interrogated person’s personality.
Revealing the personal meaning of giving truthful testimony.
Creation of mentally tense states against the background of neglect of other participants in a group crime for the interests of the interrogated person; presentation of incriminating material evidence; familiarization with the results of examinations

1) before presenting evidence, ask all the necessary questions in order to exclude the tricks of the accused or suspect that neutralize them;

2) present incriminating evidence in the most tactically appropriate situations, against the background of a mental state of relaxation (relaxation) or tension, depending on the personal characteristics of the person being interrogated;

3) present evidence, as a rule, in order of increasing importance;

4) obtain an explanation for each piece of evidence and record these explanations;

5) if it is recognized that previously given testimony is false, immediately record new testimony and certify it with the signature of the person being interrogated;

6) fully disclose the forensic significance of the evidence presented.

One of the main means of psychological influence is the question of the investigator. It contains the direction of the investigative search and conveys to another person the informational interest of the questioner. So, the question: “How many people were in the room?” carries information about the investigator’s awareness that there were people involved in the crime in a certain place at a certain time. This question also allows for the idea that the investigator may know who was there.

For tactical purposes, the question can be posed in such a way as to limit the amount of information for the person being interrogated or to intensify his anticipatory activity. The accused (suspect) always knows what incriminates him and feels the degree to which the investigator’s question approaches incriminating circumstances. He analyzes not only what is being asked, but also what is being asked for.

The investigator’s questions must be reasonable and not have the nature of “traps” (such as “where are the things hidden?”, unless it is established that the things were stolen by this person).

For tactical purposes, the investigator widely uses counteracting questions that fend off previous answers, reveal their inconsistency, and express the investigator’s negative attitude towards them. These replica questions demonstrate the investigator’s information acumen regarding the episode under investigation and warn of the impossibility of misleading the investigation.

An effective tactical technique is to expose the culprit by exerting legitimate mental influence on him - the use of evidence of behavior.

Evidence of behavior includes: visiting the scene of an incident with the aim of falsifying the true circumstances, measures to additionally conceal traces of the crime, denial of obvious facts due to hypertrophy of the protective dominant, silence about the revealing fact, about persons associated with the crime or knowing about it, reporting the details of the event , which can only be known to the criminal, etc. The position of the person being interrogated, his involvement in the event under investigation are also diagnosed by some external manifestations of his behavior during interrogation:

  • an innocent person, as a rule, responds to a direct accusation with a violent negative reaction; the perpetrator often takes a wait-and-see attitude - waiting for the interrogator to lay out “all his cards”;
  • the innocent person constantly refers to specific charges and refutes them with factual arguments; the perpetrator avoids contact with specific accusations and avoids returning to the main accusation; his behavior is more passive;
  • the innocent person argues his innocence with the general socially positive style of his behavior and positive personal qualities; the socially deformed guilty person neglects such arguments;
  • the innocent person acutely experiences the prospect of shame, condemnation from colleagues, superiors, relatives and acquaintances; the guilty person is only interested in possible punishment.

In cases where the behavior of the accused shows hesitation in choosing a line of behavior, it is necessary to use the technique of accumulating positive responses. At first, questions are asked to which only positive answers can be obtained; the resulting stereotype of productive interaction can make it easier in the future to obtain answers to difficult questions.

One of the means of preventing a possible subsequent retraction of previously given testimony is the defendant’s own handwriting of testimony and the use of a tape recording.

The interrogation of accused persons with physical and mental disabilities is carried out in the presence of a defense lawyer. The presence of a third party during interrogation is associated with a number of socio-psychological circumstances - in this case, it is more difficult to establish communicative contact. Feeling the support of the defender, the opposing person often strengthens his false position.

These features require more thorough preparation for interrogation, bringing to the fore those issues that strengthen the position of the investigator. He must make broad use of his right to determine when the defense attorney may ask questions of the defendant.

The defense attorney has no right to ask leading or suggestive questions that provoke false answers or reveal information unknown to the accused. There should be no relationship of rivalry or conflict interaction between the investigator and the defense attorney.

The defender is not vested with the functions of control over the investigator; its function is to provide legal assistance to the defendant. The participation of a defense attorney should also not weaken the investigator’s attention to exculpatory circumstances.

An accused person with physical and mental disabilities should be especially carefully and clearly explained to the factual content of the charge, its legal significance, and all his rights and obligations explained. The mental activity of this category of interrogated persons is slow and may be characterized by inadequacy and incorrect interpretation of the investigator’s behavior. An increased sense of danger can increase manifestations of conformity, lead to a decrease in critical thinking, and a weakening of reproduction processes.

The prosecutor may also participate in the interrogation. He has the right to ask questions to the interrogated person, recommend that the investigator use certain legal tactics, and make comments regarding compliance with procedural requirements. All this can psychologically limit the behavior of the investigator. However, in all situations, the investigator must remember his complete independence and responsibility only before the law.

1 Frustration (from Latin frustratio - deception, futile expectation, frustration) is a conflictual, destructive mental state caused by the collapse of plans, calculations, hopes, and blocking of programmed behavior. Accompanied by nervous breakdowns, often aggressive manifestations.