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legal psychology thinking investigative

The legal profession obliges employees to conduct constant observations of people’s behavior, their appearance, gait, facial expressions, gestures, etc.

Observation refers to the process of purposeful perception of people, objects, events and phenomena. The main thing in observation is the ability to visually or with the help of hearing notice certain changes in the observed phenomenon, connect them with other phenomena and draw logical conclusions. Observant people are able to notice even minor details and draw important conclusions from them; observation is inherent in all persons with a central nervous system. But this does not mean that all people possess these qualities to the same extent. Poor ability to notice phenomena, lack of a plan in observation lead to the fact that persons with poorly developed powers of observation will make significant mistakes when solving official problems. Legal work requires people with high level observation.

Psychologists have proven that observation skills develop in the process of specific activities. At the same time, its development is facilitated by special training exercises, as well as training with abstract objects. Observation as a personality quality is formed by cultivating certain mental functions of a person: sensation, perception.

A practicing lawyer should strive to notice all the essential features in the observed object - victim, suspect, accused, etc., a phenomenon, that is, to know its essence. Cognition is based on sensations as a process of reflecting reality. Sensations can be visual, auditory, olfactory, gustatory, etc. In the development of observation, the most important role is played by visual and auditory sensations.

The formation of observation skills also depends on the cultivation of attention. In psychology, it is understood as the direction and concentration of the psyche on certain observable objects or phenomena of life. Attention is included as a necessary component in all types of human mental activity. Without attention, deliberate perception, memorization and reproduction of information is impossible.

Observation as a personality quality develops in the conditions of practical activity. To become observant, you must first acquire the ability to observe, but this is only one of the stages in the development of this property. To turn a skill into lasting quality You need targeted, systematic and systematic training. It is carried out in the daily life of a legal worker, as well as with the help of special exercises.

The lawyer must strive to penetrate into the essence of the observed phenomenon, to notice all the significant signs related to the case materials. It is important to organize observation by setting a specific, specific goal. Only a rationally set goal of observation concentrates our psychological capabilities and forms the necessary qualities.

In parallel with targeted observation, it is necessary to develop universal observation. Such observation provides a deeper and more versatile study of the object of observation. It is formed in the process of practical work on an object from different points of view, that is, by setting different goals.

The development of observation skills should be based on the principles of purposefulness, planning and systematicity. Compliance with these principles provides a legal worker with observation as a personal quality.

We offer readers an example of an integrated lesson of the “My Professional Future” course. This course is aimed at developing skills in students that allow them to choose the right profession. One of the objectives of the course is also to increase the level of psychological competence of children, so the classes require high requirements and to a teacher in the field of knowledge of psychology. In this regard, the school psychologist assists the teacher in conducting those course sessions that are rich in psychological knowledge. Integration of labor education and psychology and close cooperation between teacher and psychologist in in this case They only enrich the lessons, make them more meaningful and interesting for children, and increase their developmental potential.

Lesson topic:
“Observation as a professional human quality”
(original author's development)

In order to master any profession and work successfully in it, a person must possess and purposefully develop in himself those personal qualities that are especially important for this professional field. Today, the attention of practitioners is drawn to observation as one of the professionally important qualities of specialists working in the “person-to-person” field. This is understandable, because specialists in this field - teachers, doctors, psychologists, investigators, managers, etc. - must rely heavily on observation as a method of knowing another person and on their own ability to observe.

Therefore, the proposed lesson is devoted to observation as a human ability and professionally important quality. The lesson gives students the opportunity not only to discover for themselves the essence of this quality and get acquainted with examples of observation in relation to other people, but also to see the possibilities of their own purposeful development and even practice developing observation.

Goals and objectives

By the end of the lesson, students should be able to:

Define observation as a human quality;

Give examples of the role of observation in various areas of human professional activity;

Purposefully perceive and describe the features of a person’s appearance using the example of the structure of the head and face.

PROGRESS OF THE CLASS

Exercise 1

Leading. Try, without looking at your deskmate, with whom you sat together for several lessons, for two minutes describe (make notes on pieces of paper) what he is wearing and wearing today (features of his wardrobe today).

(As a result of the exercise, the conclusion is drawn: despite the fact that we see another person for a long time, nevertheless, we may not see him in detail, completely and in detail.)

Leading. This exercise clearly showed us how developed in us is the human quality of observation. Observation is the ability to see an object or phenomenon in detail. In this case, the subject of our observation was another person. Observation presupposes a purposeful and meaningful perception of something, penetration into the essence of an object or phenomenon.

Of course, in our everyday life, poorly developed observation skills do not particularly harm us (although sometimes they can fail us). However, it is simply necessary in professional activities, especially for those specialists who work in the “person-to-person” field, where the work is related to people, their upbringing, training, treatment, service or management.

Please give examples of such professions ( teacher, educator, doctor, investigator, lawyer, psychologist, customs officer, seller, etc..).

For representatives of these professions, it is important to see internal signs in appearance and behavior, to see the state of another person. For example, for a doctor, knowledge about the external signs of diseases and the peculiarities of people’s behavior with various diseases becomes important. During the lesson, it is important for a teacher to be able to see signs of interest in children, their manifestations and experiences of feelings and emotions in relationships with other people (peers, parents, teachers). When interacting with another person, a psychologist needs to understand his state and feelings in order to correctly reflect them and show his emotional involvement and responsiveness.

Here is an example of the professional observation of a female lawyer, taken from Sidney Sheldon’s book “The Wrath of Angels”:

« She learned to determine a person's character by their shoes and selected people who wore comfortable shoes for the jury, because they had an easy-going character... Jennifer comprehended sign language. If the witness was lying, he touched his chin, pressed his lips tightly, covered his mouth with his hand, pulled his earlobe, or pulled his hair. None of these movements escaped Jennifer, and she exposed the liar».

Prose writers and poets are excellent observers, as we see. Their powers of observation are sometimes amazing. Many vivid pictures of human images were given by them on the basis of observation and capture of subtle changes in people's behavior. Here is a sketch by writer Stefan Zweig from the novel “Twenty-four hours in the life of a woman.” This is a description of the hands of a casino player who is consumed by passion for the game:

“I involuntarily raised my eyes and saw right in front of me - I even felt scared - two hands that I had never seen before: they grabbed each other like enraged animals, and in a frantic fight they began to squeeze and squeeze each other so that the fingers a dry crack, as if cracking a nut... I was frightened by their excitement, their insanely scary expression, this convulsive clutch and martial arts. I immediately felt that a man filled with passion had driven this passion into his fingertips so as not to be blown up by it himself.».

We see how in a person’s appearance and behavior, observant people are able to subtly notice his internal mental state and his properties. They know how not only to understand another person, but also to anticipate his behavior, since observation and deep, rather than superficial knowledge help to foresee, anticipate, and predict.

How did they learn to do this? How can you learn to be observant?

In order to answer these questions, let's look at an excerpt from a film about the brilliant detective and master of observation Sherlock Holmes ( an excerpt, the first 10 minutes, from the film “Bloody Inscription” is shown).

Both heroes, as we have seen, made their conclusions based only on observations carried out over a short period of time. Why did they come to different conclusions and why did Sherlock Holmes' conclusions turn out to be more accurate?

Sherlock Holmes, unlike Dr. Watson, had a more developed powers of observation. And he also knew WHAT TO SEE, WHAT TO LOOK AT, WHAT TO NOTE when observing another person or object. It is thanks to the purposeful development of the ability to observe, to see details, that we develop the ability to distinguish between subtle things or to see different things in similar things.

Here it is also appropriate to recall the words of the remarkable writer and observer K. Paustovsky:

« Good eyes are a gain. Work, don't be lazy, on your eyesight. Keep it on track, as they say. Try looking at everything for a month or two with the thought that you absolutely must paint it. On the tram, on the bus, everywhere, look at people this way. And in two or three days you will be convinced that before this you did not see even a hundredth part of what you noticed now on their faces. And in two months you will learn to see, and you will no longer need to force yourself to do so.».

You and I don't have a month. However, there is still time to take on the role of a detective, or, in modern terms, an investigator, and practice developing your powers of observation. Just like the investigator in his daily practice, you now have to create a verbal portrait of another person. How to choose words so that this description is accurate and helps you recognize the person? First of all, you need to know What can be distinguished in the appearance of another person, for example in the structure of the head, face, since we are going to describe his portrait. Therefore, first we will understand what general signs of the structure of the head and face exist.

Let's look at the pictures ( see Appendix 1). Consider those features that stand out in the description of a person’s head and face.

What other features do you think can be included in the description of a person’s head and face? ( The shape of the eyebrows, lips and mouth, the shape of the lower jaw, chin, etc.)

Let's incorporate this information into a training exercise:

Exercise 2

Divide into groups, and each group will try to give a verbal description of the portrait in Fig. 1 and 2 ( see Appendix 2).

Now let's compare our descriptions with the professional descriptions of these portraits ( see in the same appendix).

What other features in the structure of the head and face did you identify from these descriptions?

Exercise 3

The class is divided into three subgroups. One subgroup leaves the class. The teacher shows the students portraits ( see Appendix 3) . One of the subgroups describes one portrait, the other describes another, and no one describes the third portrait. Verbal portraits must be compiled in such a way that absent group members can determine from the description who is depicted in them.

When analyzing the results of the exercise, attention is paid to which features turned out to be significant in the verbal description of each portrait. If there were errors, then you need to analyze the reasons that led to them: inaccurate words in the descriptions, incorrect identification of features, lack of significant distinctive features in the description.

Exercise 4

Leading. Without examining your neighbor further, try to describe the structure of his face and head, using the features that have already been discussed in class. After completing the task, you can carefully look at your neighbor, check your description and add to it. You definitely need to record for yourself what new things were seen while purposefully looking at another person.

Summing up the lesson

What new did you learn today about observation? Can you formulate what this quality is and what its role is in a person’s life?

Give examples of professions where, in your opinion, developed observation skills are needed? Explain your example.

Have you learned to be more observant today? What?

LITERATURE

Sheldon S. Anger of the Angels. Mills of the Gods: Novels. - M.: News; AST, 1999.

Zweig S. Twenty-four hours from a woman's life: Novellas. - Mn.: Higher School, 1986.

Paustovsky K. Golden Rose: Stories. - Chisinau, 1987.

Regush L.A. Workshop on observation and observation skills. - St. Petersburg: Peter, 2008.

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Applications

Annex 1

Appendix 2

Rice. 1

A portrait for which you need to write a verbal description. For example, a man who looks 45–50 years old. The hair is straight, combed in the middle. The face is wide, oval, the profile is wavy, sloping, the cheeks are slightly sunken, the lower jaw is massive. Short deep nasolabial folds. The nose is thin, the bridge of the nose is long and straight. The base of the nose is downturned. The eyebrows are short, narrow, straight, spread apart. The eyes are small and oval. Large bags under the eyes. Lips: upper - thin, lower - thick, protruding strongly. The mouth is of medium size, the corners are lowered. The chin is wide, rounded, the ears are medium-sized, triangular, protruding.

Rice. 2

An example of a portrait of a man, which can be drawn up according to the following description: a man, apparently 26–30 years old, thick hair, combed back, “M-shaped” hairline on the forehead, oval face, slightly convex profile; forehead of medium height and width, wavy, slightly sloping, with large brow ridges. The nose is of medium height, with a large protrusion, the bridge of the nose is deep, the bridge of the nose is long, convex-wavy, the tip of the nose is fleshy, slightly drooping, the base of the nose is drooping. The eyebrows are long, thick, straight, with drooping tails, the eyes are oval, large, horizontal. The mouth is small, the corners of the mouth are slightly raised, the lips are full, the upper lip is high, with a deep oval fossa, protruding above the lower.

Appendix 3

Black Sea Fleet of the Ministry of Internal Affairs of the Russian Federation

Department of Humanities

Test

in the discipline “Psychology and pedagogy in activities”

Department of Internal Affairs employees"

on the topic (option 7):

Features of the formation of psychological readiness of police officers to perform official tasks

Introduction

Each specific science differs from other sciences in the characteristics of its subject. Clarifying the specific features of phenomena studied by psychology is much more difficult. Understanding these phenomena largely depends on the worldview held by people faced with the need to comprehend psychological science.

On modern stage social development, psychology increasingly occupies a key position in the system of sciences. Currently, there is a need to apply psychology in any field of knowledge. However, this need is most noticeable when solving specific legal problems.

The main thing in a lawyer’s activity is working with people. It includes a number of interrelated aspects: studying and assessing people, establishing and developing psychological contacts with them, exerting a certain influence on them, training, education, etc. The acquisition of psychological knowledge is simply becoming a necessity for workers in any legal profession, including employees of internal affairs bodies.

An in-depth study of these aspects requires a psychological analysis of personality and legal activity, which is based on the study of basic psychological phenomena, processes, states, and their characteristics in the legal field (needs, motives, goals, temperament, attitude, social orientation and other characteristics of the individual).

The psychological culture of a lawyer presupposes that all employees of legal bodies have a system of psychological knowledge, as well as skills and techniques that would provide them with a high culture of communication. Psychological knowledge increases the efficiency of legal activity, contributes to its humanization and continuous improvement.

In practice, there are two ways to apply psychological knowledge: direct and indirect. In the first case, the learned patterns are directly used in carrying out a particular activity. In particular, knowledge of the laws of perception, imagination, thinking, adaptation, etc. is directly applied and used.

More often, psychological knowledge is applied indirectly, since the learned patterns cannot be applied and used immediately. It is necessary to first identify how these general patterns change in special conditions a certain activity in the performance of its tasks. In applied psychology we deal primarily with the indirect application of psychological knowledge.

1. Theoretical aspects of psychological

preparation for legal practice

1.1. Human memory

In the activities of a lawyer, where the leading is the communication process, obtaining information and remembering it is the basis on which all practical actions are built. In this regard, training in memory skills is one of the main ones in the system of psychological preparation for legal practice. This training should be organized and carried out taking into account the main patterns of memory.

Memory is a complex mental process that includes:

1) remembering objects, phenomena, persons, actions, thoughts, information, etc.;

2) retaining in memory what was memorized;

3) recognition upon repeated perception and reproduction of what is remembered.

The physiological basis of memory are traces of nervous processes stored in the cerebral cortex.

The impact of the environment on the human brain is carried out either through the direct impact of objects and phenomena on his senses, or indirectly through the word: story, description, etc. These impacts leave corresponding traces in the cerebral cortex, which can then be revived by repeated perception ( recognition) or by recall.

In psychology there is a distinction four type of memory.

Visual-figurative memory manifests itself in the memorization, preservation and reproduction of visual, auditory, gustatory, temperature, etc. images. This can be a visual representation of the object of observation, the interlocutor, a piece of terrain, a building, the process of communication, etc. Visual-figurative memory is of great importance for human educational and creative activity.

Verbal-logical memory expressed in memorizing and reproducing thoughts. This type of memory is closely related to speech, since any thought must be expressed in words. The features of this type of memory are taken into account during the learning process. To make memorization more effective, figurative speech and intonation are used.

Motor memory depends on muscle sensations, on the excitation and inhibition of the corresponding pathways and nerve cells, for example, the investigator can very clearly imagine his actions that he performed while observing the criminal. If, after some time, he has to verbally describe this procedure, then, unnoticed by himself, he can reproduce the movements he performed.

Emotional memory is a memory for emotional states that took place in the past. As a rule, vivid emotional images are quickly remembered and easily reproduced. Distinctive features of emotional memory are the breadth of generalization and the depth of penetration into the essence of a once experienced feeling. The properties of emotional memory depend on the functioning of the sense organs.

The following are distinguished: kinds memory: visual, auditory, motor and mixed. In accordance with this, a legal worker must imagine what type of memory is inherent in himself, as well as the people with whom he will have to work. This is necessary in order to make appropriate adjustments when perceiving and describing events in order to make the right decision.

There is also a distinction between long-term and short-term memory. Short-term memory retains information in incomplete form. Long-term memory is used to remember information for a long time, often for a lifetime. This type of memory is the most important and the most complex. Information about short-term and long-term memory is very significant for investigative work.

The flow of the processes of memorization, preservation and subsequent reproduction is determined by the place it occupies this information in the subject’s activity, what its significance is, what he does with this information. The most productive memory for material related to With purpose activity, with its main content. In these cases, even involuntary memorization can be more productive than voluntary.

The influence of emotions on the memorization process should be taken into account. It will be more productive if perception is carried out against the background of heightened emotional states. When a phenomenon and event touches the senses, the mental activity of the witness, victim, suspect and accused will be more active, forcing them to repeatedly return to the experience.

Forgetting is a process opposite to imprinting and storing. Forgetting is a physiologically quite normal phenomenon. If all the information accumulated in memory simultaneously surfaced in a person’s consciousness, then productive thinking would be practically impossible. Only through an effort of will do people each time retrieve from long-term memory that part of the information that is necessary to perform a given type of activity. “The movement of thought,” writes A.N. Luk, “is the thread that translates the necessary information from long-term memory to the operational room." This is also the mechanism for reproducing testimony by a witness, victim, suspect, or accused.

The memorization mindset plays a big role in memorizing material. As practice and experimental research show, people who perceive material only in order to write it down forget this material much faster, in contrast to those who memorize the same material with the “remember for a long time” attitude. Of particular importance here is the importance of the material. If a person clearly realizes that the material being memorized determines the success of an important operation, then the goal of strong memorization is easily formulated. This leads to the following conclusion: memorized material should be classified according to importance.

In legal activities, it is advisable to remember perceived information according to plan:

1) main idea (comprehension of what is remembered),

2) facts and events (what, when and where happens),

3) the reasons for the events occurring,

4) conclusions and source of information

To correctly assess the testimony of a witness, victim, suspect, accused, it is important for law enforcement officials and judges to know the laws of the process of human memory development. Memory develops and improves throughout a person’s life. It is influenced by the development of the human nervous system, the conditions of education and training, and the activities performed. At the same time, development occurs both quantitatively and qualitatively. Depending on the ups and downs of the levels of intellectual functions, ups and downs occur in a person’s memory.

Research has found that between the ages of 18 and 25, memory usually improves, remains at the same level until the age of 45, and then gradually begins to weaken. However, if people are involved in active activities, then this decline may not be noticeable. If due to the type of activity a person has to constantly remember something, then memory not only does not degrade, but, on the contrary, develops.

There are cases of memory loss (amnesia), when events that fill a certain period of time fall out of consciousness. Memory loss can occur, in particular, in the victim after an injury or fainting. Often, an investigator or prosecutor who skillfully uses the method of associations succeeds in eliminating amnesia.

Based on research by psychologists, we can conclude that strengthening memory is associated with cultivating willpower, attentiveness, and observation with the use of meaningful memorization techniques. The following can be recommended memory development techniques:

1. Repetition of what has been learned. It is known that K. Marx was constantly repeating even what he had mastered well. “He had the habit of re-reading his notebooks and places marked in books after long breaks in order to fix them in his memory. He sharpened his memory from a young age, learning by heart, on Hegel’s advice, articles in an unfamiliar language.” A worker in the legal profession must periodically refresh his memory of everything that he has learned in the process of activity (re-read and review sources, think through the information received, etc.).

2. Targeted exercises. All types of memory can be developed through special exercises:

a) learning digital material,

b) memorizing prose and poetry,

c) remembering images.

For example, while walking you admired the landscape that amazed you. To capture it in memory, you need to look at the landscape carefully several times in a row, closing and opening your eyes and comparing what you see with what you imagine when your eyes are closed. Gradually the visual impression will become fuller and brighter. If you need to assess a situation in a matter of seconds or remember a large amount of visual information, the memorization skills acquired through this method will be very useful to you.

3. Observation training. To remember what you see, you need to develop your powers of observation. It helps improve involuntary memory. For this purpose, regular exercises in thinking about and remembering what happened during the day, week, month, etc. can be recommended.

Hygiene memory

Memory is the most important function of intelligence. Therefore, every person, especially a legal worker, must observe memory hygiene. In this regard, the following can be recommended:

1) when you are tired, you cannot constantly “cheer up” yourself with tonic drinks (tea, coffee, alcohol). The harm of these “cheer ups” lies in the fact that while ridding oneself of the feeling of fatigue, a person does not relieve fatigue, and prolonged “cheer up” leads to nervous disorders;

2) during intense mental work (reading, drafting documents, preparing for important meetings, events), it is advisable to take short breaks from work for 10-12 minutes after 40-45 minutes. Thoughtful organization of the working day and adequate sleep are also necessary;

3) proper nutrition is essential for memory at least three times a day with the obligatory consumption of fats and carbohydrates.

Memory is the basis on which any professional activity is based.

1.2. Thinking and intuition in problem solving

Legal work is constantly associated with solving a wide variety of problems. Thinking as a mental process is always aimed at revealing deep connections rooted in objective reality.

Thinking is called the process of reflecting in human consciousness the essence, natural connections and relationships between things and phenomena of nature and society. Thinking arises on the basis of practical activity from sensory knowledge and goes far beyond its limits. It enables a lawyer to understand such aspects of objective reality that are hidden from his eyes.

Thinking proceeds on a verbal basis. Words create the necessary material shell of thought. The better a thought is thought out, the more clearly it is expressed in words and, conversely, the clearer the verbal formulation, the deeper the thought. “Thinking,” wrote IP Pavlov, “represents nothing else but associations, first elementary, standing in connection with external objects, and then chains of associations. This means that every small first association is the moment of the birth of a thought.” Human thought is formulated in images, concepts and judgments. Judgments can be general, particular and individual. They are formed in two main ways:

1) directly, when they express something What perceived

2) indirectly - through inferences or reasoning.

The thinking process is, first of all, analysis, synthesis and generalization. Analysis is the identification of certain aspects, elements, properties, connections, relationships, etc. in an object. For example, when analyzing the behavior of the accused in a criminal case, the investigator mentally divides this behavior into some criteria for individual parts.

The unification of the components of the whole, identified by analysis, is synthesis. In the process of synthesis, a connection occurs, a correlation of those elements into which the cognizable object was divided. Analysis and synthesis are always interconnected. The inextricable unity between them clearly appears already in the cognitive process

Comparison consists of comparing objects, phenomena, their properties and relationships with each other. So, in order to resolve the question of whether a given person is or is not a suspect in a specific criminal case, it is necessary to divide the individual’s behavior into separate signs - actions and, if possible, compare them with the standard signs of this crime. The identified coincidence or discrepancy of characteristics serves as the basis for decision-making.

In the course of generalization, something common stands out in the compared objects - as a result of their analysis. These properties common to various objects come in two types:

1) common as similar characteristics;

2) general as essential features.

Consequently, every essential property is also common to a given group of homogeneous objects, but not vice versa, not every common (similar) property is essential to a given group of objects. Common essential features are identified during and as a result of in-depth analysis and synthesis. Let us note that the laws of analysis, synthesis and generalization are the main internal specific laws of thinking.

IN modern psychology mainly isolated three types of thinking:

1) visually effective,

2) visually figurative,

3) abstract (theoretical) thinking.

Visual-effective (subject-based) thinking manifests itself in the practical life of a person. It accompanies him at all stages of development; a person resorts to facial expressions and gestures, analyzing and synthesizing the objects of his activity, his behavior. Addressing an interlocutor, following an example, showing actions or talking about them are always associated with visual-effective thinking. The development of this type of thinking is very important for the performance of motor or operator activities of a practicing lawyer.

Visually creative thinking appears in situations when a person begins to think in visual images that arose earlier. For example, when conducting investigative actions, thinking about the route to the goal in the city, the investigator imagines everything in visual images possible ways movements. He analyzes each of them and, comparing the length, intensity of traffic and pedestrians at certain hours, mentally solves the problem. The more complete and detailed the information about a given city, microdistrict, street, house, apartment where the crime was committed, the more vividly the images of situations will appear to the investigator, the more correctly he will be able to make a decision.

Imaginative thinking helps predict the behavior of persons suspected in a criminal case, helps learning with the help of visual aids, and facilitates the preparation of analytical documents, reviews, and scientific reports. Developed imaginative thinking contributes to the implementation of the tasks of communicative, managerial and cognitive activities of a practicing lawyer.

Abstract (theoretical) thinking appears most clearly where it is necessary to use abstract concepts and theoretical knowledge to perform mental operations. Such thinking is carried out mainly on the basis of logical reasoning. This thinking helps a lawyer understand complex categories of social sciences and operate with them in the process of communication

In the process of life, no person, naturally, uses any type of thinking in isolation; a legal worker is no exception.

Practical thinking is carried out through the use of general mental operations (analysis, synthesis, generalization, comparison, abstraction and concretization) and classification, systematization, structuring. Practical thinking is creative.

Let's briefly look at the qualities of creative thinking.

1. The problematic nature of the approach to the phenomena being studied– this quality of creative thinking is manifested in the ability to find questions to be clarified, investigated, a problematic situation where many people think that there is none, that everything in the case under investigation is simple. For example, the investigator uses the problematic nature of thinking at the junction of reconstructive and search activities.

2. Dynamic thinking– the ability to quickly, creatively navigate the case under investigation, to highlight what is worthy of primary attention and what should be distracted from, the speed of grasping information and determining the grounds that need to be followed in the subsequent development of the version. This quality of thinking also helps in such investigative actions as interrogation.

3 Efficiency of thinking– inclusion of mental operations (observation, imagination), which are the most significant in the study of physical evidence and various legal facts; efficiency of thinking is also necessary in the search activities of the investigator for a reasonable combination of observation, imagination and intuition.

4. Breadth of thinking– this is the productivity of creative work in solving many problems. This quality is especially necessary for investigators and judges investigating or considering economic crimes, where greater versatility and rational application of knowledge, skills and experience in the process of cognitive activity are needed.

5. Depth of thinking manifests itself in identifying essential properties, connections and relationships between objects and phenomena. A concrete expression of the depth of thinking is the combination of analysis and synthesis. Depth of thinking is closely related to selectivity. The narrower the problem or phenomenon, the more properties and details can be considered when studying it.

6. Validity in putting forward versions of the case under investigation– in high-quality elaboration. Courage, originality and validity differ from discursive thinking in that these qualities precede logic in the process of cognition, especially in the first stages of the investigation. Thus, an investigator, possessing these qualities, is much more likely to come up with a probable version when trying out options than another who does not have these qualities.

7. Logical thinking– this is the development of the consistency of the thought process, the rigor and “insight” of evidence, the ability to draw generalizing conclusions from extensive and varied legal facts.

8. Criticality and impartiality(objectivity) of thinking is the core of the mental process of a legal worker, without which he cannot establish the truth.

A specific feature of creative problem-solving processes is the presence in them intuition.

Intuition is usually considered as a specific method of cognition, in which the illusion of direct perception of the desired conclusion arises. With the help of intuition, the truth is revealed to the human mind through direct observation without the use of logical definitions and evidence as intermediate links of knowledge. The effectiveness of making intuitive decisions depends on many factors. The experience of the judge and investigator, their knowledge, skills and abilities are especially important here. Their mental state also plays a big role. A state of cheerfulness and elation has a positive effect on the generation of intuitive decisions, and, conversely, fear, depression, and confusion reduce intuition to the level of pointless fortune-telling. Intuition, in addition, is associated with the individual psychological characteristics of a person. Some people tend to act in many cases from the logic of facts, others very often rely on intuition. However, in all cases, the basis of intuition is experience, and its strength or weakness is rooted in past experience.

Experimental studies of the thinking process have shown the presence of a stable correlation between thinking, memory, attention and perception. The most revealing correlations are between thinking and various aspects of memory. For the development of thinking, the skills of reading, communication, generalization, comparison, analysis, synthesis, etc. are also important. Thus, in order to form and develop thinking, you need to train all structural components of the intellect as actively as possible.

Working on problematic tasks is of particular importance for the development of creative thinking. The problematic task is the launch of mental operations. It is characterized by the fact that it creates a certain contradiction between the knowledge that a person has and phenomena that he cannot explain within the framework of his knowledge. The appearance of this difficulty gives rise to activation of thinking, will, and emotions. A person searches for a solution to a problem, and in the process of searching, professional thinking qualities are formed.

1.3. Speech in legal work

Speech in the activities of a lawyer acts as a carrier of information and as a means of influence. Influences through speech are different types: the impact of a person on a person, a person on a group of people, a person on an audience, etc.

The speech activity of a legal worker is mainly the influence of a person on a person and a person on a group.

The study of practice shows that, firstly, the sound of the speaking voice cannot be considered without connection with the general behavior of a person, secondly, the sound of the voice is inseparable from individuality, thirdly, the education of voice timbre cannot be considered only as work on the vocal cords and, in -fourth, the vocal apparatus must be trained not only with special exercises, but also with everyday speech.

The speech activity of a lawyer can be classified as oral and written speech, internal and external, dialogical and monological, ordinary and professional, prepared and unprepared.

Oral speech is the main tool of communication. With its help, communication and management activities are directly carried out. For oral speech It is important that the interlocutors hear and see each other. Research shows that a person who listens to an interlocutor without seeing him has a sharp decline in perception.

Written speech characterized by the absence of an interlocutor and does not depend on the real situation. A legal worker, when starting to compile various documents (certificates, reports, protocols, etc.), searches and finds linguistic means to express the results of his thinking. Written speech must be grammatically correct. For business papers, writing should be driven by concise phrases, precise concepts and appropriate terminology. A lawyer must be proficient different styles Russian language.

Inner speech serves to reproduce in the mind various images that are reflected in a person’s behavior (in facial expressions, gait, etc.) The uncontrolled emergence of images in one of the interlocutors provides the other (and even more so an attentive observer) with objective data for certain conclusions. A legal worker must definitely learn to control his inner speech.

External speech This is essentially ordinary oral or written speech. It is generated spontaneously, but in some cases it is preceded by the stage of inner speech.

A type of oral speech is dialogical speech. Its semantics depends on how what is said is perceived by the interlocutor. The same word or phrase can be pronounced differently and mean an order, request, friendly remark, reprimand, reprimand, etc.

Can be represented in a variety of forms by a legal worker monologue speech. This is a speech in front of an audience, reading aloud, an oral report, etc. This type of speech activity has become widespread in legal practice. Mastering the technique of monologue speech involves mastering the basics of oratory.

Live communication between people is carried out through everyday speech. She is very expressive and understandable. Intonation and emphasis are of great importance here. People are greatly influenced by the norms of speech communication, therefore, when mastering the art of everyday speech, you need to pay close attention to the grammar and style of the language. This is especially important when working with representatives of the intelligentsia.

Professional speech requires some education. This type of speech is typical for communication between specialists, including lawyers. A large role in this matter is played by various aspects of professional speech vocabulary, pronunciation of terms and special phrases, logic of statements, etc.

In the activities of a practicing lawyer prepared speech prepared answers to questions, speeches at trials, a pre-thought-out monologue in a conversation during interrogation, etc. are used everywhere. Preliminary work on the content and form of upcoming verbal communication is important and necessary. At the same time, constant adherence to a pre-developed text fetters creative thinking worker of jurisprudence, makes him dogmatic. Therefore, along with careful preparation of statements, a lawyer must also provide for improvisation.

Unprepared speech is very close to improvisation. In essence, improvisation is one of the complex processes of creative use of experience. Without preliminary painstaking work on the topic of the speech, for example in court, or during a discussion, improvisation is impossible. In this regard, improvisation can be considered a certain stage in the development of speech activity, which is preceded by the stage of prepared speech.

1.4. Professional observation

The legal profession obliges employees to conduct constant observations of people’s behavior, their appearance, gait, facial expressions, gestures, etc.

Observation refers to the process of purposeful perception of people, objects, events and phenomena. The main thing in observation is the ability to visually or with the help of hearing notice certain changes in the observed phenomenon, connect them with other phenomena and draw logical conclusions. Observant people are able to notice even minor details and draw important conclusions from them. Observation is inherent in all persons with a central nervous system. But this does not mean that all people possess these qualities to the same extent. Poor ability to notice phenomena and lack of a plan in observation lead to the fact that people with poorly developed powers of observation will make significant mistakes when solving official problems. Legal work requires people with a high level of observation.

Psychologists have proven that observation skills develop in the process of specific activities. At the same time, its development is facilitated by special training exercises, as well as training with abstract objects. Observation as a personality quality is formed by cultivating certain mental functions of a person’s sensations and perceptions.

A practicing lawyer must strive to notice all the essential features in the observed object (victim, suspect, accused, etc.), a phenomenon, that is, to know its essence. Cognition is based on sensations as a process of reflecting reality. Sensations can be visual, auditory, olfactory, gustatory, etc. In the development of observation skills, the most important role is played by visual and auditory sensations.

The formation of observation skills also depends on the cultivation of attention. In psychology, it is understood as the direction and concentration of the psyche on certain observable objects or phenomena of life. Attention is included as a necessary component in all types of human mental activity. Without attention, deliberate perception, memorization and reproduction of information is impossible.

Observation as a personality quality develops in the conditions of practical activity. To become observant, you must first acquire the ability to observe, but this is only one of the stages in the development of this property. To transform a skill into a lasting quality, targeted, systematic and systematic training is needed. It is carried out in the daily life of a legal worker, as well as with the help of special exercises.

The lawyer must strive to penetrate into the essence of the observed phenomenon, to notice all the significant signs related to the case materials. It is important to organize the observation, setting a specific, specific goal. Only a rationally set goal of observation concentrates our psychological capabilities and forms the necessary qualities.

In parallel with targeted observation, it is necessary to develop universal observation. Such observation provides a deeper and more versatile study of the object of observation. It is formed in the process of practical work on an object from different points of view, that is, by setting different goals.

The development of observation skills should be based on the principles of purposefulness, planning and systematicity. Compliance with these principles provides a legal worker with observation as a personal quality.

1.5. Will and its education

To perform a variety of official tasks, especially in extreme conditions, a practicing lawyer often requires the exertion of all mental forces. At the same time, achieving any goal requires dedication, initiative, perseverance, endurance, self-control, courage, boldness and perseverance. All these qualities are inextricably linked with the manifestation of will.

Will is one of the aspects of the human psyche that provides a person with the opportunity to consciously regulate his actions and actions in accordance with the set goal, taking into account certain circumstances.

In order to keep himself within the framework determined by practical activities, a legal worker, in most cases, must show his will, restraining emotional excitement. At the same time, he invariably activates his second signal system (word). “In a normally developed person,” notes I.P. Pavlov, “the second signaling system is the highest regulator of human behavior.” And since the word is a signal of signals, it can affect the activity of the first signaling system(impressionability, emotionality) and subjugate it. With the help of a word addressed to himself, a lawyer can regulate his activities at his own discretion.

In the practical activities of lawyers, there are cases when their internal state does not meet the requirements of external activity (behavior in a crisis situation). For example, practical activity requires decisive action, and the internal state of a legal worker, subject to the influence of negative emotions, inhibits the necessary activity. And he has to, through an effort of will, suppress inhibiting emotions and begin active activity that corresponds to a practical goal.

The lack of a strong will can push even a persistent person to undesirable actions that are completely out of character for him. Showing more will here means a lot. “Great will,” writes A. S. Makarenko, “is not only the ability to wish for and achieve something, but also the ability to force oneself to give up something when necessary. Will is not just a desire and its satisfaction, but it is a desire and a situation, and a desire and a refusal at the same time.”

From the above it follows that the behavior of a law enforcement officer or judge is inherently conscious and purposeful, and not spontaneous and unorganized. This behavior is called volitional behavior and presupposes that the legal worker has certain volitional qualities.

The volitional qualities of a practicing lawyer basically accumulate the components of his emotional and volitional stability and connect the intellect and moral structures of the individual. I.M Sechenov writes: “Neither everyday life nor the history of peoples present a single case where one cold, faceless will could accomplish some kind of moral feat. Next to it always stands, defining it, some moral motive, whether in the form of a passionate thought or feeling.”

High moral motives permeate all the strong-willed qualities of a legal worker. Strong-willed qualities include: determination, initiative, perseverance, endurance and self-control, courage, boldness, determination, perseverance. The named positive volitional qualities are opposed by their antipodes: lack of purpose, lack of initiative, lack of perseverance, lack of self-control, cowardice, indecisiveness, instability. A person endowed with such qualities is weak-willed and incapable of performing even the most basic task.

According to the famous psychologist A.G. Kovalev, volitional insufficiency can manifest itself in extremely diverse forms, divided into passive and active forms of volitional insufficiency. Passive forms include easy suggestibility and lack of independence, lack of persistence. Active forms include impulsiveness and stubbornness.

Studying the general forms of manifestation of volitional insufficiency is important in order to distinguish genuine volitional qualities from a parody of them, as well as to choose the right ways and means for volitional education and self-education.

An employee of law enforcement and law enforcement agencies must be well aware that through purposeful self-education one can develop all the positive volitional qualities in oneself. Many people think that such training requires a special time. This opinion is wrong. You can cultivate will in any environment. Everyday life and educational activities provide many opportunities for such education; the will is cultivated in overcoming any difficulties. You can also use special exercises for this.

1.6. Emotional self-regulation

The activities of legal workers often take place in conditions of high nervous tension. Therefore, a lawyer needs to be able to manage his emotions in order to maintain efficiency in any conditions.

Emotion(from the Latin “to excite”, “to excite”) is a person’s experience of his personal relationship to real activity. It should be noted that some human emotions coincide with the emotions of animals, such as rage and fear. However, due to the presence of reason, as well as special needs based on emotions, a person has formed more complex experiences called feelings.

The term “emotion” denotes a specific, relatively elementary form of experiencing feelings.

The peculiarity of emotions is their direct connection with needs. Until a person's needs are satisfied, homeostatic balance cannot be achieved - correspondence between needs and reality.

In the process of human development, systems of positive and negative emotions have developed.

Positive emotions: satisfaction, joy, delight, jubilation, pride, admiration, complacency, confidence, self-satisfaction, respect, trust, sympathy, tenderness, love, gratitude, clear conscience, relief, security, gloating, etc.

Negative emotions: grief (sorrow), displeasure, melancholy, sadness, boredom, despair, grief, anxiety, fright, fear, horror, pity, compassion, disappointment, resentment, anger, contempt, indignation, hostility, envy, hatred, anger, jealousy, doubt , confusion, embarrassment, shame, remorse, remorse, disgust, etc.

As you can see, the division of emotions into positive and negative is carried out exclusively on the principle of pleasure and displeasure. Positive emotions affect the nervous system, contribute to the healing of the body, and negative emotions - to its destruction, lead to various diseases.

In a person’s life, the emotions mentioned above create various forms of emotional states in the individual: mood, passion and affect.

Mood– this is the most common emotional state, characterized by low intensity, significant duration, ambiguity and “unaccountability” of experiences. A legal practitioner must be able to control his mood and, if necessary, create a certain mood in the target of influence. To do this, he needs to know the reasons and circumstances that cause the mood. They fall into four groups:

1) organic processes (illness, fatigue create a low mood, health, good sleep, physical activity lift the mood);

2) external environment(dirt, noise, stale air, irritating sounds, unpleasant coloring of the room worsen the mood, cleanliness, moderate silence, Fresh air, pleasant music, appropriate coloring of the room improves the mood);

3) relationships between people (friendliness, trust and tact on the part of others make a person cheerful and cheerful, rudeness, indifference, distrust and tactlessness depress the mood),

4) thought processes (imaginative representations that reflect positive emotions create an uplift in mood, images associated with negative emotions depress the mood).

Passion– a strong and deep long-term emotional state. “Passion is the essential force of a person energetically striving for its object.” It activates his activities, subjugates all his thoughts and actions, mobilizes him to overcome difficulties, to achieve his goals, passion for his favorite work allows him to achieve exceptional success, passion for struggle gives rise to courage and fearlessness. However, passion can both shape a personality and destroy it.

Affect- an emotional experience that occurs with great and pronounced intensity. Features of affect:

a) violent external manifestation,

b) short duration,

c) lack of accountability of a person’s behavior during affect,

d) diffuseness of experience (affect captures the entire personality, his mind, feelings and will).

A legal worker should know that, in principle, any emotions can, depending on the circumstances, intensify and reach the point of passion.

Feelings Unlike emotions, they are characterized by awareness and objectivity. There are lower feelings-experiences and higher feelings-experiences. There are three groups of feelings: moral, aesthetic and intellectual (cognitive).

Moral feelings reflect a person’s attitude to the requirements of morality. The system of moral feelings consists of a sense of justice, honor, duty, responsibility, patriotism, and solidarity. Moral feelings are closely related to a person’s worldview, his beliefs, thoughts, and principles of behavior.

Aesthetic feelings arise in people as a result of experiencing the beauty or ugliness of perceived objects, be they natural phenomena, works of art or people, as well as their actions and actions. The basis of aesthetic feelings is the innate human need for aesthetic experience. Constantly accompanying human activity, aesthetic feelings become active drivers of people's behavior.

In the work of a lawyer, aesthetic feelings play a unique role as catalysts of behavior. They acquire great importance for communication, since those who are able to respond to the aesthetic experiences of the interlocutor, as a rule, acquire authority and respect.

Intellectual feelings associated with human cognitive activity. They arise in the process of gnostic and research activities. Of all the variety of intellectual feelings, the main ones are considered to be the feeling of clarity or vagueness of thought, surprise, bewilderment, guesswork, confidence in knowledge, and doubt.

Intellectual feelings are an impulse that enhances the need for knowledge and stimulates human emotions.

If professional activity proceeds successfully in the emotional sphere, a state of euphoria is created in a legal worker (increased liveliness, talkativeness), with a predominance of positive emotions. And, conversely, in case of failure, he develops uncertainty, fear, anxiety and sometimes even fear. All this disorganizes the behavior of a young legal professional. For experienced legal workers who are fluent in their profession, such a decline, as a rule, does not occur.

The impact of the situation can cause an intense stress state in the body, which can either enhance the lawyer’s performance or cause illness. In these cases we talk about emotional stress. Most often, emotional stress occurs as a result of the accumulation of negative emotions. Stress is often preceded by unpleasant processes, conflict situations in the family and at work, suspiciousness, unreasonable fears and anxieties.

Stress is characterized by the presence of three phases: the alarm phase, the resistance phase, and the exhaustion phase. People with a stable emotional sphere, as a rule, overcome the anxiety phase and engage in an active fight against stress factors, pull themselves together, and intelligently weigh the pros and cons. Emotionally unstable people are overcome by anxiety, which then turns into fear, and the phase of anxiety is immediately followed by a phase of exhaustion.

The resistance of any person, both a legal professional and a client, to stressful situations can be ensured in two ways by a system of emotional training and thorough training, that is, detailed information on facts of interest to the client, playing out possible difficult situations, etc.

Methodologically, emotional training is based on the principle of psychological science about the connection between the psyche and the activity of the psyche, just as consciousness is formed in activity. The content of the training is based on the concept of psychology about the relationship between feelings and physical actions. Education of a person’s emotional sphere is possible only through action. Autogenic training is also used, which is a process of self-hypnosis. The main tool of training is the word addressed to oneself.

Through systematic and persistent practice, a person can learn to relax his muscles. Having mastered the skills of auto-training, a legal worker in various situations will be able to slow down breathing, heart function, and dilate at will. blood vessels, generate warmth in any part of the body, fall asleep wherever and whenever you want, remain cool in tense situations.

This is explained by the fact that almost half of the brain cells regulate the human motor system. Therefore, when self-hypnosis speaks, for example, about muscle relaxation, these cells send corresponding impulses to the muscle structure. And, if the muscles relax, weak response signals are sent to the brain, which has a calming effect on the person. Relaxation of the facial muscles is especially important, since they send much more impulses to the brain than the muscles of the whole body. That is why, having learned to control at least the muscles of the face, a person can master the skills of influencing his nervous system.

A practicing lawyer who has mastered the skills of autogenic training gains confidence in his abilities, and this has a beneficial effect on his emotional and volitional stability, promotes faster adaptation to a constantly changing environment and increases his efficiency.

2. Psychological characteristics of execution

official tasks by police officers

Legal work is very diverse and complex and has a number of features that distinguish it from the work of most other professions. The law enforcement activities of most legal professions take place in the field of public relations and are distinguished by the extreme variety of tasks they solve. Each new case for an investigator, judge, prosecutor, lawyer represents a new task, and the less template these individuals allow, the more likely the correct outcome in the search for truth.

It should be noted that the legal regulation of all professional activities distinguishes legal work from other professions and gradually leaves its mark on the personality of each lawyer. All activities of an investigator, prosecutor, judge, lawyer, notary, etc. with all its complexity and diversity, it always occurs within the framework of legal regulation. Already when planning his activities, each lawyer mentally compares his future actions with the norms of the current legislation regulating these actions.

Most legal professions are characterized by highly emotional work. Moreover, in a number of cases, activity is accompanied by negative emotions, the need to suppress them, and emotional release is very often delayed for a relatively long period of time.

Professional legal activity is mainly a government activity. The state sets certain goals and objectives for law enforcement agencies aimed at eliminating crime in the country. The state is creating a special system for training, retraining and improvement of law enforcement and judicial authorities. These requirements, as the legal culture of all members of society grows, increase both in relation to the entire law enforcement system, and to each of its links, to each of its employees.

The work of many legal professions (prosecutor, judge, investigator, operational worker and others) presupposes that the subject of labor has special powers, the right and obligation to exercise power on behalf of the law. Along with this right, most of the individuals listed above develop a professional sense of increased responsibility for the consequences of their actions.

The main task of the psychology of legal work is to identify rational relationships between the requirements that the profession places on it. In understanding these patterns, the psychology of legal work relies on methods, theoretical principles and experimental data from various sciences: general and differential psychology, labor psychology, legal sociology, law, etc. The systems approach assumes that the central aspect of the study is the process of activity and allows us to give a fairly accurate description of this process, taking into account all the elements involved in it.

The responsible and complex work of legal professionals places increased demands on them. Most of these professions are currently considered prestigious, although many young people, choosing these professions for themselves, do not have a clear idea of ​​the complexity of this activity and, most importantly, they have no idea what requirements will be placed on them.

Legal activity is an activity related to the rules of law, and some of its types contain this basic concept in their very name: law enforcement activity, law enforcement activity, human rights activity, etc. Legal activity is a work that requires great effort, patience, knowledge and high responsibility, based on the strictest adherence to the law.

For most legal professions, a characteristic feature is the organizational side of the activity, which has two main aspects:

1) organizing one’s own work during the working day, week; organizing work on a specific case under irregular working hours;

2) organization of joint work with other officials, law enforcement agencies, etc.

In legal proceedings, the search for truth is a creative process, therefore the investigator, prosecutor, judge, lawyer always need sensitivity, attention, humanity, and the ability to penetrate inner world person, etc.

Psychological analysis of professional legal activity allows us to identify a number of stages through which the movement towards the final goal took place - establishing the truth. The following aspects are highlighted in this activity: cognitive, communicative, organizational, certification, educational.

The psychological study of professions is a necessary condition scientific organization of labor. Legal psychology, studying the patterns of mental activity in investigative, judicial and other legal activities, is called upon to reveal the psychological uniqueness of this activity, to characterize the psychological side of the professional qualities necessary for an investigator, judge, operational worker and other legal workers, to indicate ways of their acquisition and improvement.

Improving the quality of a lawyer’s work is impossible without taking into account the individual characteristics of his personality and the correspondence of personal qualities to the objective requirements of this profession.

One of the main results of a psychological analysis of legal activity should be the creation of a legal professionogram, which is a comprehensive reflection of the main aspects of this activity, as well as the personality traits that are realized in it.

The activities of each legal specialty, to one degree or another, include the following aspects: social, search, reconstructive, communicative, organizational and certification.

1. Social activities. Covers the political aspect in the activities of an investigator, prosecutor, operational worker, correctional officer, etc. as organizers of the fight against crime in the area assigned to them. Includes preventive measures, legal propaganda, participation in the re-education of the criminal to return him to social norm behavior.

2. Search activity consists of collecting the initial information necessary to solve professional problems. The proportion of this activity is highest in the professional profiles of an investigator, an operational worker, and a judge.

3. Reconstructive activities. This is the current and final analysis of all collected information on the case and a proposal based on its synthesis, analysis and special knowledge working versions (hypotheses). Work planning is also the result of reconstructive activity.

4. Communication activities is to obtain the necessary information in the process of communication. This activity has a particularly large share during interrogations, as well as in the activities of lawyers, operational workers, and teachers of correctional institutions.

5. Organizational activities consists of volitional actions to implement and verify working versions and plans. It is divided into two aspects: self-organization and organization of people in the collective solution of a professional problem.

6. Certification activities– bringing all information received on the case into a special form prescribed by law (resolution, protocol, sentence, etc.).

The basis of an investigator’s professiogram is the search side of the activity, which realizes the desire to solve a crime and consists of collecting initial information to solve professional problems. The search side of the investigator’s activity is of particular importance at the first stage of the investigation and consists in isolating from environment forensically significant information (traces left by the crime, weapons of the criminal, etc.), which gives the investigator the opportunity to reliably present the crime event with the same degree of accuracy as required by law. Language and speech, i.e. The communicative side of the activity is the main tools in investigative work, which is a system of complex relationships and interactions between the investigator and the persons involved in the case in order to obtain the information necessary to solve the crime from people by communicating with them. During interrogations, the fate of the person being interrogated is often decided, as well as the fates of other people. The investigator is helped to win this fight by special scientific knowledge in the field of psychology and interrogation tactics, his professional skills.

The investigator constantly has to experience a lot of extraneous influences, resist various, including unlawful influences, opposition from interested parties, sometimes act in an unfavorable environment, under conditions of overload and extreme tension of the nervous and physical strength. Therefore, the investigator must be able to organize his mental state. He must strive to have the skills to manage his volitional and emotional sphere. Persistence, the core quality of will, is expressed in constant readiness to overcome obstacles, the ability to hold a specific goal in mind for a long time, mobilizing all one’s strength to achieve it.

The investigator is the organizer of the investigation, makes responsible decisions, he achieves their implementation and at the same time acts as an organizer of the activities of many people. Practical work constantly requires concentration, accuracy and organization from him.

The reconstructive side of the investigator’s activity is manifested in the processing of information and decision-making. An investigator nowadays must know a lot: criminal law, criminal procedure, criminology, criminology and psychology, accounting, forensic ballistics, etc. The investigator is required to have versatile education, but first of all he needs a general culture.

The structure of the investigator’s professional profile also has a social aspect, in which he appears as an organizer of the fight against crime in his area or in his area. In the fight against crime, his actions are aimed at identifying the causes, conditions and taking measures to eliminate them.

The work of an investigator requires the diversified development of his attention. He must cultivate purposeful, voluntary attention. This is due to interest in your work. In the absence of such interest, all efforts aimed at developing attention may be ineffective.

Forensic observation - when examining a crime scene - is a systematic, purposeful, thoughtful perception of the situation. This perception in psychology is called observation. It assumes active work all senses. In order for the observation to be as effective as possible, it is always important to obtain a general understanding of what happened before starting the inspection. Initial information is often very contradictory and may not be confirmed later, but it nevertheless allows the investigator to outline an examination plan and begin to build a mental model of what happened.

Psychological observation is a necessary prerequisite for predicting human behavior and controlling it for the purposes necessary for the investigator. It can be especially important in those investigative actions where people are the source of evidentiary information, and the choice of optimal tactics is entirely determined by their mental characteristics. Psychological observation is also necessary for the investigator when carrying out other activities for proper interaction with the participants in the case under investigation. For example, the ability to diagnose the mental state of the person being searched facilitates the search for hidden objects.

When analyzing the various levels of operational-search and investigative activities that form their structure, the communicative side especially stands out. The study of its structure, knowledge of the psychological patterns of communication in the special conditions of criminal procedural regulation makes it possible to develop recommendations aimed at increasing the efficiency of the investigator’s work at this level. The communicative aspect in the activities of the investigator is one of the dominant ones, since, perhaps, first of all, he must have the extraordinary abilities of the interlocutor who conducts a conversation in particularly difficult, sometimes extreme conditions.

In accordance with the norms of the criminal procedure law, the investigator has the right to give instructions that are binding on the bodies of inquiry; the investigator determines the need for interaction, the goals and directions of the crime investigation. Often the investigator has to act as the leader of teams carrying out actions in difficult and sometimes extreme conditions: search and detention of several persons, inspection of a complex transport incident (train crash), inspection of a fire scene, etc.

The following organizational qualities are required for investigative work:

1. Self-organization, energy, perseverance, providing. purposeful investigation of a criminal case, systematic work on it.

2. Responsibility, exactingness, resourcefulness, ability to keep secrets when leading teams of people during the investigation of a criminal case.

3. Self-control, self-criticism, discipline, self-esteem in relationships with colleagues and management.

The personality of the investigator, as can be seen from the above, is multifaceted and complex. It develops and is formed mainly as a result of the interaction of many factors, but the main and determining factor is the personality of the person who has chosen the profession of an investigator as one of his main life goals. Of great importance in the formation of the investigator’s personality is educational training and professional activity, which impose a complex set of requirements on his personal qualities and professional skills, their development and consolidation in the personality structure.

Profession of a judge is extremely complex, diverse and implements a significant number of special qualities and skills of the individual, which, when brought into the system, organically enter into the structure of the judge’s personality and determine his creative potential and individual style of activity.

Professional activity judges are clearly regulated by law in detail. A judge is endowed with authority, exercises power on behalf of the state, and this develops a professional sense of increased responsibility for the consequences of his actions. This is produced on the basis of high moral qualities, legal consciousness, as a result of a constant understanding of the responsibility and importance of one’s activities to society and the state.

In his activities, a judge must be guided, along with the Constitution and other legislative acts in force in the territory Russian Federation, generally accepted norms of morality, rules of conduct, contribute to the establishment in society of confidence in the justice, impartiality and independence of the court. He must avoid anything that could diminish the authority of the judiciary. A judge must not damage the prestige of his profession for the sake of personal interests or the interests of others.

The constant responsibility of a judge to society extremely stimulates his cognitive abilities, analysis of all information received, and requires clarity and clarity from him in decision-making. “A judge must be a person who, through his personal behavior, his attitude to work, has earned trust and authority, a person who has extensive socio-political experience, knows how to understand people, and must also be a cultured person.”

In practice, judges influence the following aspects of public opinion:

Form a sense of justice among citizens;

Criminal trials create a socio-psychological atmosphere of the inevitability of punishment;

With a high culture of trials, an atmosphere of moral condemnation is created directly around criminals and their accomplices;

Trials stimulate public opinion to identify the causes and conditions that contributed to the commission of a crime.

The behavior and appearance of a judge must be such that he immediately inspires respect, so that everyone present is convinced of his correctness, ability, and ability to solve complex cases and decide the fate of people. The ability to demonstrate these qualities is one of the main specific features of the communicative properties of a judge’s personality.

The main thing in the communicative properties of a judge’s personality is not the desire to be pleasant in communication, but the ability to show by one’s appearance the ability and desire to thoroughly understand all the circumstances of a given case. This is what inspires respect for the judge and for justice in general, and is an incentive for all participants in the process to carefully and in detail present the facts, their assessment, their understanding of certain facts. The communicative qualities of a judge should not include excessive gesticulation, irritability, rudeness, ridicule, or excessive edification. A judge must have such qualities as tact, politeness, restraint in behavior, emotions and speech.

The peculiarity of a judge’s activity lies in the fact that he cannot and should not impose his opinion on both other judges and all other participants in the process. This feeling is developed on the basis of the judge’s deep conviction that only the freely expressed opinion of each participant in the process makes it possible to ultimately correctly know the truth and make the right decision.

It is important for a judge to develop a reproducing imagination, since only with its help will he be able, on the basis of mainly verbal information, to mentally recreate a model of a past event, the circumstances of which are being considered in a court hearing.

It is a mistake to think that the role of a judge is limited to listening carefully to explanations and answers to questions asked. He also needs to have the ability to actively influence defendants, victims, and witnesses who give false testimony. The judge must be able to suggest the norm of behavior, show the inconsistency, logical unjustification of the behavior of a person in court. An experienced judge in a trial is always distinguished by impartiality and restraint.

The reconstructive side of a judge’s activity is the current and final analysis of all information collected on the case, the final goal of which is to make a fair sentence or decision in accordance with the current legislation. In reconstructive activities, general and social intelligence, memory, imagination, thinking, and intuition of a judge are realized. It should be noted that the judge’s thinking must be objective, comprehensive, specific and certain. As a rule, intuition and imagination are involved only in assessing information at the initial stages of investigating a case.

The need to carry out the functions of organizing a trial, the activities of many participants in the process requires the development of certain qualities of an organizer in a judge - discipline, composure, purposefulness, perseverance, organization of all his actions, all his activities. The diverse functions of a judge can be performed only if he has cultivated accuracy in the performance of each individual action, each element of the overall structure of judicial activity.

Certification activity completes the professional profile of a judge and represents the reduction of all information obtained during the process into special forms provided for by law: verdict, protocol, ruling, decision, etc. In this activity, general and special culture is realized writing judge, his professional skills in drafting written documents on the case.

Activities of prosecutors multifaceted and responsible, it is specifically related to the protection of the legitimate rights and interests of citizens. No violation of the law should go unanswered by the prosecutor's office, which is charged with enforcing the laws.

In the Russian Federation there are the following branches of prosecutorial supervision:

1) supervision over the implementation of laws by government bodies, enterprises, institutions, organizations, officials and citizens (general supervision);

2) supervision over the implementation of laws by the bodies of inquiry and preliminary investigation;

3) supervision over the implementation of laws when considering cases in courts;

4) supervision over the implementation of laws in places of detention, in places of pre-trial detention, during the execution of sentences and other compulsory measures imposed by the court.

In their practical activities, to achieve success, the prosecutor and his assistants must have certain personal qualities and, in particular, thinking.

The prosecutor must have extraordinary strong-willed qualities. His professional activity requires great personal initiative, dedication, perseverance, perseverance, and good organizational skills.

The communicative and authentication aspects of the prosecutor’s activity are associated with the use of speech in its main forms, both oral and written.

Forming the prosecutor's opinion on punishment when considering a criminal case in court is a complex process that takes into account legal data provided for by law, as well as many other factors. The prosecutor participates in the case practically from the moment of initiation until the sentencing, so the opinion of the public prosecutor plays a special role. In the process, he always expresses it first. Therefore, it is very important that it be clearly formulated and convincingly argued.

A certain skill is required from the prosecutor when conducting interrogations in the courtroom, especially interrogations of members of an organized criminal group who occupied various hierarchical positions in this group.

Political maturity, moral purity, understanding of the significance of one’s work multiplies the strength and abilities of the prosecutor, helps him correctly navigate difficult situation, protects against a narrowly professional attitude towards one’s duties.

Activities of a criminal investigation inspector, located at the forefront of the fight against crime, consists of solving, investigating and preventing criminal offenses: murders, robberies, robberies, banditry, thefts, etc. His activities often take place in extreme conditions and are characterized by high emotional tension. Therefore, work in the criminal investigation department requires from an employee great resourcefulness, courage, initiative, good figurative memory, the ability to control oneself, quickly and calmly make decisions, a high level of self-organization and perseverance.

This diverse and quite complex work, in most cases associated with a certain risk, is regulated by law, within the framework of which the criminal investigation officer operates.

The diverse activities of criminal investigation workers are carried out mainly in two forms.

Firstly, together with the investigator, the criminal investigation inspector goes to the scene of the incident, participates in inspection, search, detention and other investigative actions.

Secondly, criminal investigation officers, using professional methods and techniques, set themselves the task of preventing the implementation of criminal plans. In these cases, criminal investigation workers have to use special techniques to obtain the necessary information about criminals, their connections, locations and intentions. In most cases, the result of this activity is that the criminal is unexpectedly caught red-handed.

As in the structure of the investigator’s professional profile, the search side is actively manifested in the activities of the criminal investigation inspector, which consists in identifying traces of the criminal and creating his psychological portrait, which makes it possible to conduct a search and subsequent identification of the individual. Isolating the necessary information at the scene of an incident, the criminal investigation inspector concentrates his attention on the “critical figures” (location of a burglary, explosion, corpse, etc.) and “critical fields” (path of entry and escape route of the criminal, etc.).

For a criminal investigation inspector, observation as a mental process and form of activity develops an intellectual quality - professional observation, which becomes a personality trait of the inspector and is very important for him. This observation can also be called insight - a quality that is very important for a criminal investigation inspector.

An important aspect of psychological observation is the ability to observe oneself, analyze one’s actions and actions, take into account one’s mistakes and correct them in a timely manner.

Organizing the receipt of information from various people about the identity of the criminal, his characteristics, specific connections, and possible location is the communicative side of the activity of a criminal investigation inspector.

The essence of the certification side of this inspector’s activity is to record the information obtained in a special written form.

The organizational side of his activities is important for a criminal investigation inspector. He often has to go to the scene of an incident, meet with big amount people, visit various institutions and organizations. To do this, the inspector must have a high level of self-discipline, the ability to plan time, organize the work of volunteer assistants and the public, actively using their help and support.

The reconstructive side of the inspector’s activity consists in mentally recreating the picture of the crime, developing the main versions of the case and preparing a plan aimed at successfully solving the crime. He must also strive to prevent crimes, to create an environment in his area that would prevent the implementation of criminal intentions on the part of the subject contingent of persons. To do this, the inspector needs to come into contact with people, be able to take into account a rapidly changing situation, show resourcefulness and restraint, combine persuasion and coercion in compliance with legal regulations.

In practice, difficult situations often arise at the time of arrest. Here the inspector should clearly determine the method of detention in a given situation, taking into account the identity of the person who needs to be detained. A glance, a specific turn of phrase, or movement should not go unnoticed.

Activities of employees to combat economic crimes painstaking, outwardly ineffective. However, no one else returns such a thing to society and the state. large quantity material assets, like employees of these departments. The criminals they have to deal with are, as a rule, very literate, fairly qualified and resourceful people. They know how to hide the results of their criminal activities well.

The work of these employees differs from the work of the criminal investigation department. In criminal investigation, work is mainly carried out “from the crime” (murder, rape, theft, etc.), and in the fight against economic crimes, inspectors have to “go to the crime”, looking for it based on subtle signs. Employees of this service have to check statements and complaints from citizens about violations and abuses in the trading system, about deception of customers, mis-grading, inflated prices, about the life of certain financially responsible persons “beyond their means,” etc. It is necessary to have a large stock of versatile knowledge, experience and patience in order for the picture of a disguised theft of property to be recreated from the listed signs.

Employees of the fight against economic crimes must have a good knowledge of accounting, commodity science, product manufacturing technology, features of processing, transportation and storage of various consumer goods in order to use this knowledge to uncover complex, disguised thefts.

The professional profile of an employee fighting economic crimes highlights the social, communicative, search, organizational and certification aspects of the activity, in which personal qualities, skills and abilities are realized that ensure success in his complex work. The main thing for the inspector is the ability to understand people, distinguish an honest person from a money-grubber, navigate the complex hierarchy of a group of embezzlers and accurately identify a weak link in it, through which a complex and fairly disguised theft could be revealed. When investigating this category of cases, it is important to identify the motives, conditions and goals that contributed to the commission of specific thefts in various areas industry, urban and Agriculture, in trade, etc.

Main tasks local police inspector are to ensure public order, identify the causes and conditions conducive to the commission of crimes, and take the necessary measures to eliminate them in the serviced territory. The district inspector protects the rights and legitimate interests of every citizen, as well as organizations, institutions and enterprises from criminal attacks and other offenses.

The professiogram of a district inspector highlights the social, constructive, organizational, certification, communicative and search aspects of activity, in which personal qualities, skills and abilities are realized that ensure success in his difficult work.

Activities of a traffic police inspector is mainly associated with regulating traffic and preventing traffic accidents on streets and roads. The structure of a traffic police inspector’s professional profile is complex, including a number of professions. First of all, this is the profession of a law enforcement agency inspector, in which, as mentioned above, all six aspects characteristic of this type of activity are realized: search, communicative, identification, organizational, reconstructive and social. A traffic police officer must be good at driving various vehicles and for this purpose have the qualities included in the driver’s professional profile. He must be an attentive and decisive person, and also have a heightened sense of responsibility for his actions.

Customs officer fights violations of customs rules and smuggling. Its activities are directly related to the crossing of the State Border of the Russian Federation by citizens of our country and foreigners. As a rule, customs offices are located directly near the border, as well as at airports where foreign flights terminate, and at seaports. Characteristic feature The activity of a customs inspector is due to the lack of time: in the vast majority of cases, customs inspection of things and passengers is associated with the schedule of planes, trains, ships, etc.

Let us note that in the activities of any customs inspector, and especially the operational worker of this body, there are search, organizational, communicative and constructive aspects. The proportion of search activity is especially high, which ensures success in detecting contraband.

In practical activities, a talented inspector has a very high search dominant, which ensures “isolation” necessary information. Specific requirements are also imposed on the communicative, organizational and intellectual qualities of customs workers, since their activities usually take place under conditions of severe time pressure, constant communication with a large mass of people, etc. In addition to special knowledge, a customs inspector must speak foreign languages, know economics, commodity science, and have a good understanding of people.

Conclusion

The process of preparing a person for legal activity consists of successive stages: career guidance, professional selection, professional education, training and improvement. Let us briefly look at the characteristics of the listed stages.

Career guidance– this is knowledge of the characteristics of the legal profession, as well as professionally necessary and contraindicated qualities and personality traits of a specialist.

Professional selection involves the targeted activities of universities, prosecutors and the Ministry of Internal Affairs for specialized selection on the basis of and taking into account the necessary and contraindicated qualities and personality traits for a certain legal profession. At the final stage of professional selection, an interview is carried out, during which various aspects of the personality are analyzed and assessed. During the interview, the inclinations and orientation of the individual are studied. In the field of social activities, the future lawyer is required to strive for truth, the triumph of justice, humanism, honesty, and integrity.

One of the important tasks of the prosecutor's office, justice and court, as well as universities, is to coordinate their actions in selecting applicants, organizing their training and education.

The need for self-education is organically included in the general structure of a person’s relationship to the world around him, to people, to himself, to his activities and is one of the internal motives that encourages a person to behave highly morally. The desire for knowledge, for work and social activities encourages a person to further improve his abilities, to take active action in the name of duty as a conscious need to fulfill his duties to society, the team, and himself.

The role of a law school in the process of training and education is great and responsible, which must develop the student’s inclinations into a system of qualities, skills and abilities necessary for the personality of the future lawyer to conscientiously perform his official tasks.

List of used literature

1. Boronin L.G. Physiology and biochemistry of memory. – M., 1965.

2. Vasiliev V.L. Legal psychology. – M., 1991.

3. Dulov A.V. Forensic psychology. – Minsk, 1975.

4. Luk A. N. Memory and cybernetics. – M., 1966.

5. Makarenko A. S. Complete. collection op. in 7 vols. – M., 1958. .

6. Nikiforova A.S. Emotions in our life. – M., 1974.

7. General psychology / Ed. acad. A V. Petrovsky. – M., 1986.

8. Pavlov I. P. Complete. collection op. T.Z. – 2nd ed. – M., 1955.

9. Pekelis V. Your capabilities, man. – M., 1973.

10. Psychology / Ed. A. P. Rudika. – M., 1974.

11. Psychology / Ed. A.V. Petrovsky. – M., 1986.

12. Ratinov A.R. Forensic psychology for investigators. – M., 1867.

Nikiforova A.S. Emotions in our life. – M., 1974, p. 25.

Psychology / Ed. A.V. Petrovsky. – M., 1986, p. 381-383.

Vasilyev V.L. Legal psychology. – M., 1991, p. 137.

Dulov A.V. Forensic psychology. – Minsk, 1975, p. 88.

Ratinov A.R. Forensic psychology for investigators. – M., 1867, p. 92.

Chertkov A. Prosecutor's proposals on punishment. // Legality. – 1993. – No. 12. – p. eleven.

Professional observation

The legal profession obliges employees to conduct constant observations of people’s behavior, their appearance, gait, facial expressions, gestures, etc.

Observation is understood as the process of purposeful perception of people, objects, events and phenomena. The main thing in observation is the ability to visually or with the help of hearing notice certain changes in the observed phenomenon, connect them with other phenomena and draw logical conclusions. Observant people are able to notice even minor details and draw important conclusions from them. Observation is inherent in all persons with a central nervous system. But this does not mean that all people possess these qualities to the same extent. Poor ability to notice phenomena, lack of a plan in observation lead to the fact that people with poorly developed powers of observation will make significant mistakes when solving official problems. Legal work requires people with a high level of observation.

Psychologists have proven that observation skills develop in the process of specific activities. At the same time, its development is facilitated by special training exercises, as well as training with abstract objects. Observation as a personality quality is formed by cultivating certain mental functions of a person’s sensations and perceptions.

A practicing lawyer must strive to notice all the essential features in an observed object (victim, suspect, accused, etc.), a phenomenon, that is, to recognize its essence. The basis of cognition is sensations as a process of reflecting reality. Sensations can be visual, auditory, olfactory, gustatory, etc. In the development of observation, the most important role is played by visual and auditory sensations.

The formation of observation skills also depends on the cultivation of attention. In psychology, it is understood as the direction and concentration of the psyche on certain observable objects or phenomena of life. Attention is included as a necessary component in all types of human mental activity. Without attention, deliberate perception, memorization and reproduction of information is impossible.

Observation as a personality quality develops in the conditions of practical activity. To become observant, you must first of all acquire the ability to observe, but this is only one of the stages in the development of this property. To transform a skill into a lasting quality, purposeful, planned and systematic training is needed. It is carried out in the daily life of a legal worker, as well as with the help of special exercises.

The lawyer must strive to penetrate into the essence of the observed phenomenon, to notice all the significant signs related to the materials of the case. It is important to organize the observation, setting a definite, specific goal. Only a rationally set goal of observation concentrates our psychological capabilities and forms the necessary qualities.

In parallel with targeted observation, it is necessary to develop universal observation. Such observation provides a deeper and more versatile study of the object of observation. It is formed in the process of practical work on an object from different points of view, that is, by setting different goals.

The development of observation skills should be based on the principles of purposefulness, planning and systematicity. Compliance with these principles provides a legal worker with observation as a personal quality.