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Psychology and Criminal Justice (From Psychology of Crime and Criminal Justice, P 3-23, 1979, Hans Toch, ed. -- See NCJ-118234)

NCJ Number
118235
Author(s)
H Toch
Date Published
1979
Length
21 pages
Annotation
This chapter examines the role of the psychological perspective in law and criminal justice.
Abstract
The creation of the law itself is a product of the psychological needs of the public and those instrumental in legislative construction. The law not only reflects economic needs but also the need to absolutize and enforce moral and ethical norms. A psychological perspective is likewise important in assessing interpretations of the law in the context of changing manifestations of psychological needs over time. The advent of psychology in the criminal justice process is evident in empirical assessments of the reliability of eyewitness testimony and the diverse processing of the same data by various witnesses. Psychology has also played an important part in assessing the mental condition of offenders, since a crucial element of any crime is the offender's intent and mental state at the time of the crime. The criminal justice system as an enterprise must also be viewed from a psychological perspective to correct the myth that it is purely a rational system devoted exclusively to the rendering of justice. When viewed by a behavioral scientist, the criminal justice enterprise operates under personnel role-related motives, accommodations of goals, conflict negotiation, various political pressures, and resistance to change. 8 notes, 27 references.