Revista Argentina de Clínica Psicológica 2020, Vol. XXIX, N°1, 803-809
DOI: 10.24205/03276716.2020.109 803
A
PPLICATION OF
P
SYCHOLOGICAL
A
NALYSIS AND
T
ESTING IN
C
RIMINAL
P
ROCEEDINGS
Jieyu Zhang
*Abstract
Psychological analysis and testing are high-tech tools for criminal investigation. This paper mainly discusses the application of psychological analysis and testing in criminal proceedings. Firstly, the current situation and problems of psychological analysis and testing were evaluated. Next, the principles of the application of psychological analysis and testing in criminal litigation were enumerated. After that, a questionnaire survey was conducted on the psychological states of criminals in criminal proceedings. The results show that psychological analysis and testing can reinforce the submission of evidence in criminal proceedings; under the current criminal law and judicial system in China, however, the direct application of psychological analysis and testing will lead to the confusion and disorder of judicial sentencing; the criminals in criminal proceedings are generally peaceful, and their psychological states are related to gender, age and education level. The research results lay a theoretical basis for promoting the psychological testing technique in criminal cases.
Key words: Psychological Analysis, Criminal Proceedings, Criminal Investigation, Psychological Test, Psychological State.
Received: 11-01-19 | Accepted: 27-07-19
INTRODUCTION
With the development of science and technique and the current crime situation, the development of criminal science and technique has also entered the fast lane, prompting the renewal and upgrading of traditional technical means (Laxminarayan, 2012). The psychological testing technique that integrates multiple disciplines such as physiology, psychology, and electronic informatics are becoming more and more practical. The psychological testing technique and analysis have widely used in criminal proceedings at home and abroad, playing an irreplaceable role in identifying and eliminating innocents, narrowing the scope of investigation and improving the investigation efficiency (Raaijmakers, De Keijser, Nieuwbeerta
People’s Public Security University of China, Beijing 100038, China.
E-Mail: [email protected]
et al., 2015; Walters & Lowenkamp, 2016). At present, different countries have different attitude towards the psychological analysis and testing results. The psychological analysis and testing methods are more used to enhance the confidence of investigators, playing the assistant effect in analyzing, identifying the authentic it of confession or testimony (Walters, 2007). The principle of psychological testing and analysis
includes “fear”, “conflict”, “conditional reflex”, “stress response” and “wake-up”. Different
principles often influence the formation of different testing methods, and also represent different testing concepts and ideas (Walters, 2011).
In developed countries in Europe and the United States, each police agency has a forensic science laboratory and is equipped with researchers for psychological testing and analysis, so it can be seen that the overall application is more advanced than that in China (Super, 2006). In criminal proceedings,
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psychological analysis and testing technique, as a unique and new type of criminal investigation method, has played an irreplaceable role in criminal investigation, mainly including eliminating innocents, determining the scope of suspects, providing investigate direction, increasing psychological stress and eliminating denial (Kouadio-Zaffaroni, Guillet-May, Colas et al., 2014; Qadir, Fatima, Hussain et al., 2017). Chinese researchers have not raised any controversy about the application of psychological analysis and testing technique in criminal investigation, but the legality, objectivity and relevance of the testing result need to be verified. The result is limited when using as evidence (Iliceto & Fino, 2017). Based on psychological theories, this paper explores the application of psychological testing methods and psychological analysis in criminal investigation and proceedings, which provides a theoretical basis for promoting the legality of psychological testing technique in criminal cases.
CURRENT SITUATION AND PROBLEMS OF
PSYCHOLOGICAL ANALYSIS AND TESTING
TECHNIQUE AT HOME AND ABROAD
At present, the basic feature of psychological testing technique is to use advanced scientific instrument to measure the physiological and psychological change of subjects, playing a unique role in the criminal investigation stage in the United States, Germany and Japan (Oliveri, Ferrari, Manfrinati et al., 2018). In developed countries in Europe and the United States, psychological testing and analysis results can be adopted as evidence, but the premise of the
psychological testing is the willingness of subjects. With the deepening of relevant disciplines, criminal psychology continues to obtain new achievements (Lendoiro, De Castro, Jiménez-Morigosa et al., 2018). China introduced the psychological testing technique since the 1990s and provincial and municipal public security organs and procuratorial organs are equipped with psychological testing instrument, which are mainly used in complex, important or suspenseful cases (Kuo, Roldan-Bau, & Lowinger, 2015). However, due to the scientific, non-normative, and non-procedural characteristics, there is no consistent technical specifications and procedural norms for the psychological testing technique so that the psychological testing result cannot be fully trusted (Riedijk, Diderich, Van der Steen et al., 2014).
Figure 1 shows the problem in the operation of psychology analysis and testing technique. At present, China is lacking in the testing theory suitable for national conditions. Furthermore, the testing instrument is complicated and there is no uniform technical standards. Also, testers are not professional and there is no professional institutions and unified certification. The organization and implementation of the psychological testing is disordered, lacking in strict procedural regulations. The major problem is the lack of clear legal provisions. The testing and analysis conclusions cannot be used as evidence in litigation. Although the level and quality of psychology testers and analysts have been improved continuously, the current situation of legislation and judicial practice are disconnected, which does not conform to the trend of psychological testing in the whole world.
Figure 1. Problems in the operation of psychological analysis and testing technique
Problems in the operation of psychological analysis
and testing technology
Lack of testing theory suitable for China's national conditions
Test instruments are complex and lack of unified technical standards
Testers are neither neutral nor professional, lacking professional organization and unified certification
The organization and implementation of the test are in disorder and lack of strict procedural provisions
The conclusion of the test can not be used as the evidence of litigation, lacking the clear provisions of the law
APPLICATION OF PSYCHOLOGICAL ANALYSIS AND TESTING IN CRIMINAL PROCEEDINGS 805
PRINCIPLE OF PSYCHOLOGICAL TESTING AND APPLICATION IN CRIMINAL LITIGATION FIELD
Application and System Establishment of Psychological Testing Technique
At present, academics and judicial circle generally recognize that psychological testing and analysis technique can be used as the basis in the case handling process, but they cannot serve as independent evidence in criminal proceedings. If admitting by defendants, assisting psychological testing and analytical method can be used as evidence for criminal proceedings. It is believed that the conclusion of the psychological testing of subjects have some attributes of the evidence. The psychological or physiological responses shown by subjects when testing is only restricted by the autonomic nerves, so the testing results are objective. Also, the testing results of subjects are directly related
to the criminal case. Therefore, the
psychological testing and analysis results can be used in criminal proceedings based on the
principle of “limited admissibility”.
Figure 2 shows the system establishment of the psychological testing technique. The legislative basis should be that criminal testing technique is confirmed to be a means of judicial expertise in criminal proceedings and it is necessary to define the legal status of the conclusion of psychological analysis and testing in the legislation. Also, people engaged in psychological testing and analysis should also be legally defined, and the application or prohibition of the testing object should be legally clarified. The determination of industry specifications in Figure 2 includes management associations, industry specifications, testing and certification agencies, instrument and software development, staff training and certification. In the current stage of China's criminal law and judicial system, the direct use of psychological testing and analysis results as the evidence in criminal proceedings will lead to the confusion and disorder of judicial sentencing.
Figure 2. The system establishment of psychological testing technique
The system establishment of
psychological testing technology
Establish industry management association and strengthen industry management
Establishment of industry norms
Certification of a psychological testing agency or psychoanalysis agency
Training, certification and practice requirements for testers
Standardize the operation process of psychological test and innovate the test method
Strengthen the research and development of equipment and software
Legal principle and legislative basis
Establishment of industry norms
It should be affirmed that psychological testing technology is a means of judicial identification in
criminal proceedings
Legislation should be made to clarify the legal status of psychological analysis and test conclusion
The institutions or personnel engaged in psychological testing and analysis should be defined legally
The application or prohibition of the test object should be defined from the legal perspective
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Application of Psychological Testing
Technique in Criminal Proceedings in China
The testing and analysis results of psychological testing technique, as the means of technical investigation in China, have a reinforcing effect on the submission of evidence in criminal
proceedings. The psychological testing
technique and analysis process are controlled by people, which is closely related to the professional level and quality of main testers. However, it is difficult to find all-round talents with psychology, physiology, statistics and information science background at the present stage. In the criminal interrogation process, interrogators can use some psychological analysis results to convince the suspect that interrogators have sufficient evidence so as to obtain the confession of the suspect and the confession can be used as direct and powerful
evidence in criminal proceedings. The
psychological testing technique can help
interrogators find the psychological weaknesses of suspects, thereby changing the perception of suspects for their confession. When confronted with psychological testing results, the suspect will be in a passive and negative position.
Psychological testing technique is a persuasive theory, and the results of psychological testing play a mediating role. Figure 3 is a persuasive situation in psychology. Under the influence of external stimuli, aiming at the belief and personality of suspects, the results of psychological testing can play a mediating role to change the attitude of suspects and reduce the distortion and derogation of information. Figure 4 shows the psychological testing situation. During the test, the subject will express subjective cognitive judgment and memory, and show fear, anxiety and guilt. The change in physiology, cognition, and emotions of the subject will be the basis for psychological analysis.
Figure 3. Persuasion situation in Psychology
Persuaders: expertise, reliability, likability
Communication: difference, arousal
of fear
Situation: reinforcement, warning in advance
Believe in Preventive injection
Personality
Learning information Emotional transfer Coincidence mechanism
Refute
Attitude change
Information derogation Information distortion
Cover up and refuse
External stimulus Target Mediation process Result
Figure 4. Psychological testing situation
Specific time
Time interval
Lawyer presence
Physical compulsion
Social isolation
Minimization strategy Maximization
strategy
Characteristics of interrogators
Time and procedure of interrogation
Physical coercion
Query strategy
Physiological factors
Cognitive factors
Affective factors
Physiological arousal
Cognitive judgment of
supervisors
Memory
Suggestibility
Control point
Fear, anxiety, depression
Criminal feeling
APPLICATION OF PSYCHOLOGICAL ANALYSIS AND TESTING IN CRIMINAL PROCEEDINGS 807
PSYCHOLOGICAL ANALYSIS OF CRIMINAL PROCEEDINGS
Characteristics of Psychological
Vulnerability of Criminals
This paper studies the application of
psychological testing technique and
psychological analysis in criminal proceedings. The psychological testing is the means while the psychological analysis process is the most important. The psychological development of human beings is restricted by social culture. From the beginning of adolescence, people will presume their own future development and formulate corresponding plans, with the ability to distinguish between right and wrong and self-control. Criminal have low cognitive ability in the crime and have significant emotional fluctuation, so they often have impetuous behaviors with
weak self-control and autonomy. The
characteristics of psychological vulnerability of
criminals are mainly manifested in
impulsiveness, immature attitude towards risks and susceptible to the decision-making of authorities or companions. Most of the criminals are psychologically sound and it is their psychological vulnerability that reduces their risk perception ability.
Empirical Study
This paper takes the common psychological state of criminals as the research result, and analyzes the psychological results of criminals in criminal proceedings. The specific characteristics of the psychological state include six dimensions namely calm, shame, anger, regret, forgetting and rectification. Table 1 shows the basic situation of criminals in the test and mainly the impact of gender, age and education background on the characteristics of psychological analysis is explored. The questionnaire survey and statistical method are used in this paper and the evaluation results are based on the five-point system. The higher the average score, the more obvious the psychological characteristics. Figure 5 is the analysis of the psychological characteristics of criminals. After inner struggle and fear, criminals become more peaceful in criminal proceedings and the score of shame and rectification is higher, indicating a high degree of
awakening. Figure 6 shows the impact of various factors on the analysis of the psychological characteristics of criminals.
Figure
5.
Analysis
of
psychological
characteristics of criminals
2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5
Painful change Forgetting
Regret Anger Shame Calm
Average
sc
ore
Figure 6 (a) shows the impact of gender. It can be seen that male criminals have more significant psychological characteristics in the dimension of calm, anger and forgetting while female criminals show more significant psychological characteristics in the dimension of shame. The difference in the dimension of calm, shame and anger is significant in gender. Figure 6(b) shows the impact of age. It can be clearly seen that criminals have more significant psychological characteristics in the dimension of calm and shame with age and young criminals
show more significant psychological
characteristics in the dimension of rectification. Figure 6(c) shows the impact of educational background. It can be clearly seen that criminals with higher education level have shown more significant psychological characteristics in the dimension of calm, shame, anger, regret, and rectification and less significant psychological characteristics in the dimension of forgetting. There are significant differences in each
dimension of psychological analysis
characteristics in the factor of educational background.
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Table 1. Basic information of the criminal subject
Types Classification Quantity Proportion Average trial frequency Gender Male 73 61.35% 13
Female 46 38.65% 9
Age
21-30 17 14.29% 16
31-40 39 32.77% 14
41-50 36 30.25% 12
>50 27 22.69% 10
Education level
High school and below 63 52.94% 16
Associate degree 37 31.09% 12
Bachelor degree or above 19 15.97% 10
Figure 6.
The influence of various factors on the analysis of psychological characteristics of
criminals
2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5
Average
sc
ore
Male Female
Calm Shame Anger Regret Forgetting Painful change 2.0
2.5 3.0 3.5 4.0 4.5 5.0 5.5
Average
sc
ore
21-30 31-40 41-50 >50
Calm Shame Anger Regret Forgetting Painful change
(a) Gender factors (b) Age factors
2.0 2.5 3.0 3.5 4.0 4.5 5.0 5.5
Average
sc
ore
High school and below Associate degree Bachelor degree or above
Calm Shame Anger Regret Forgetting Painful change
(c) Education level factors
CONCLUSION
Based on psychological theory, this paper explores the application of psychological testing method and psychological analysis in criminal investigation and proceedings. The specific conclusions are as follows:
(1) In the current stage of China's criminal law and judicial system, the direct use of psychological testing and analysis results as the evidence in criminal proceedings will lead to the
confusion and disorder of judicial sentencing. (2) Psychological testing technique and analysis results have a reinforcing effect on the submission of evidence in criminal proceedings. The psychological testing technique can help interrogators find the psychological weaknesses of suspects, thereby changing the perception of suspects for their confession. When confronted with psychological testing results, the suspect will be in a passive and negative position.
APPLICATION OF PSYCHOLOGICAL ANALYSIS AND TESTING IN CRIMINAL PROCEEDINGS 809
become more peaceful in criminal proceedings. male criminals have shown more significant psychological characteristics in the dimension of calm, anger and forgetting while female criminals shown more significant psychological characteristics in the dimension of shame; with age, criminals have shown more significant psychological characteristics in the dimension of calm and shame; criminals with higher educational level criminals have shown more significant psychological characteristics in the dimension of calm, shame, anger, regret and rectification.
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