Theory of Psychology

Wednesday, May 15, 2019

FUNCTIONS OF SOCIAL PSYCHOLOGY IN LEGAL SYSTEMS

The law is very close and influential enough in human life that aims to direct his life towards better. Blackburn (in Bartol & Bartol, 1994; Kapardis, 1995) divides the role of psychology in law: Psychology in Law, psychology and Law, psychology of law.
  • Psychology in law, a practical application of psychology that exists in the field of law, as a psychologist is invited to be an expert witness in the judicial process.
  • Psychology and law, which includes the field of psycho-legal research, which is research on individuals related to the law such as judges, prosecutors, lawyers, defendants.
  • Psychology of law, is a relationship between the field of law and a more abstract psychology, where the law is a defining behavior. The issues that are studied include how the community affects the law and how the law affects society.
The above view corresponds to the opinion of Mark Constanzo (2006) that the role or contributions of social psychology in the legal system:
  • As advisors
  • As evaluators
  • As a reformer

1. Physical typological approaches in personality

This approach was popularized by Sheldon and Kretchmer. With this approach, Sheldon and Kretchmer consider that there is a relationship between a person's body type physically with the type of personality. Where can be seen personality differences between people who are tall, short, fat, thin and other body shapes.
For example, suppose that someone who is muscular is more likely to commit crimes. As such, a person with a short head shape, red hair, and an unprominent jaw is more pronounced with a thief's physique. This approach might be useful to see the potential for someone committing a crime.

2. A personality Trait theory approach

Unlike the previous theory, the personality trait theory further considers certain personality characteristics that affect a person's action against the law. For example someone who has a brave, dominant, extrovert and high motivation character meets his physical needs tend to potentially commit crimes.
3. Psychoanalysis approach

This approach mentions that criminal acts arise because of a relationship that is not good with the parents so that the perpetrator has emotions that can be transmitted through criminal acts. Generally, crime occurs as a result of the love relationship of the lost mother and child or the lack of attention of the father to the child who caused him to do bad deeds to get attention.

4. Approach to social learning theory

Through this approach, we learn that a person who behaves as a criminal is a result of the learning process from his environment. For example, during her lifetime she saw irregularities in the house, group, school or other environment so she saw her as an example of committing criminal. Thus, in order to deal with this we must keep the law thoroughly in the environment to prevent the emergence of deviations because as little as any such deviations can be expanded if not immediately addressed.

5. Approach to Cognitive theory

With this cognitive approach, researchers are trying to understand the mindset of thinking of a criminal offender. Researchers will try to take samples from the perpetrators, such as those who are manipulating experts, wild and compulsive, or someone who cannot control themselves to commit crimes. From this research, it can be concluded that criminals have internal and consistent logic, but are wrong and irresponsible.

6. Investigation of criminal cases

In resolving a criminal case, it will take a lot of information from victims, witnesses, and suspects. The decision will be based on the information provided by each Party, where the prosecutor or the judge cannot see for themselves the correctness of the information obtained. Thus, the role of witnesses is crucial.
By using the application of social psychology in the legal world, efforts will be made to minimize bias in witness statements. Judging from the side of psychology it is possible for witnesses to forget about the occurrence and not be able to give accurate testimony. Thus, it can be used techniques of hypnosis and cognitive interviews. Usually, this technique is done when the witnesses were first interviewed in the police. 
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