The article presents an analysis of the empirical study of examination tactics involving juvenile suspects. The purpose of the study is the tactics of examination with a different corpus delicti, considering criminal motives and methods of interpersonal interactions of juvenile suspects (accused). The research question is tactics examination of minors. We assumed that the interrogation tactics are interrelated with criminal motives for the commission of a crime and the characteristics of interpersonal interaction between juvenile suspects (accused). Based on the results of the study, using the methods of mathematical statistics (accuracy of differences using Student’s t-criterion, interconnection of examination behavior strategies with interpersonal relations and minors criminal motives using the Pearson correlation analysis), and preferred strategies for interrogating examination employees with minors were identified suspected of crimes with a different composition. The dominant criminal motives of who minors committed violent, selfish, mercenary-violent crimes were revealed. Considered preferred behavior strategies during examinations of investigators and investigators. Interrelations between the tactics of examination of juvenile suspects (accused) in crimes of various compositions with interpersonal relations, criminal motives are revealed.
Keywords: Examinationinquirycriminal motiveoffenderscrimestrategy
The relevance of the study of the problems of examination of juvenile suspects is also determined by the debatability of a number of procedurally and tactically important aspects of these investigations. These include questions of the procedural capacity of a psychologist and teacher involved in examination, methods of neutralizing psychological barriers, and methods of establishing and maintaining psychological contact, methods of psychological influence in the form of indirect suggestion on juvenile suspects accused of exposing false testimony.
The problem of juvenile delinquency at the present stage of development of Russia has become acute and topical due to the relevance of a number of negative trends in various spheres of our society’s life.
The examination of minors is particularly difficult, since the mental activity of children and adolescents has not yet been completely formed and is subject to serious changes with minimal external influences.
This problem was studied by many researchers, such as (Abramova, 2010; Peskovaya, 2010; Semenov, 2003, 2008; Skichko, 2005).
The problem of prevention and correction of criminal motivation of minors is studied by researchers (Blyasova, Klayberg, Malushina, Kokanov, & Lushnikova, 2018).
The problem of psychological tactics, forensic tactics of examination was studied by researchers (Shayevich, 2015; Litvinov, 2015). However, most of the works devoted to the examination of juvenile suspects do not considering the peculiarities of the relationship of the personal characteristics of minors suspects and the behavioral characteristics of the inquiry staff.
The examination system includes a comprehensive, timely use of a psychologist in conjunction with the investigator and employees of the bodies of inquiry of psychological knowledge, technology and techniques in conducting investigative activities (Marin, 2014).
In our study, we considering the psychological, psychophysiological characteristics of the adolescent, manifested during interrogation, as well as the results of visual diagnostics of his mental state and behavior, information hidden by the adolescent, establishing psychological contact, methods of psychological influence in order to expose lies.
The relevance of the study is also determined by the fact that some recommendations concerning the examination tactics of juvenile suspects accused are to some extent outdated due to changes not only in the criminal procedure legislation, but also due to the fact that in modern conditions the personal characteristics of people have undergone fundamental changes. . The problem of interrogation of juvenile suspects arises quite acutely due to the ambiguity of understanding the role and importance of the use of psychological knowledge by the bodies of inquiry, preliminary investigation, prosecutors and the court with this category of persons. Certain difficulties arise in the course of the work of law enforcement agencies, which are explained by the insufficiently elaborated theory of tactical and psychological foundations for the examination of minors, suspects, and accused persons and the peculiarities of its conduct. However, in order to conduct a full, comprehensive, objective trial, it is necessary to efficiently organize and conduct a preliminary investigation, first and foremost, competently conduct interrogation with the participation of juvenile offenders.
This problem is due to the trend of rising juvenile delinquency in the Russian Federation over the past years. In this regard, to optimize the investigation of crimes committed by minors and with their participation, the use of psychological knowledge is updated. Modern conceptual studies in the field of criminology indicate the possibility of integrating psychological knowledge into the process of preliminary investigation of crimes (Reutskaya & Brodchenko, 2008). It should be noted that the problems of using psychology in investigating certain types of crimes committed by various categories of persons, including minors and with their participation, are not sufficiently developed.
We assumed that the interrogation tactics are interrelated with criminal motives for the commission of a crime and the characteristics of interpersonal interaction between juvenile suspects (accused).
Tactics examination of minors.
Purpose of the Study
To study the tactics of examination with a different corpus delicti, considering criminal motives and methods of interpersonal interactions of juvenile suspects (accused)
1. “The dominant criminal motive”, Maltseva (2017), Aim: to identify the dominant motives of criminal motivation of minors (from 11 to 18 years) and includes 6 scales - categories (amoral motive, aggressive motive, emotional, frustration motive, self-affirmation motive, game motive).
2. “Methodology” Subjective assessment of interpersonal relations” (p.85), Dukhnovsky (2009), Objective: measuring the characteristics of disharmony in interpersonal relationships. Indicators of disharmony in relations are tensions, alienation, conflict and aggressiveness in relations between people.
3. “Behavior strategy in conflict situations” K. Thomas in adaptation of Grishina (2008). Objective: Identify preferred methods of conflict resolution (competition; accommodation; compromise; avoidance; cooperation)
The experiment involved suspected violent, mercenary-violent, mercenary crimes in the amount of 540 people, as well as investigators and investigators in the amount of 50 people. Accordingly, the 1st group includes minors who committed violent crimes in the amount of 180, the 2nd group includes minors who committed mercenary-violent crimes of 180 people, and the 3rd group includes minors who committed mercenary crimes of 180 people.
For the psychological diagnosis of juvenile delinquents, the following methods were used: the author's technique “Dominant criminal motive” which allows identifying the dominant criminal motive in the hierarchy of motives for criminal motivation of minors who have committed various crimes. The theoretical and methodological basis is the classification of the motives of Shikhantsova (1998). The methodology contains statements describing various types of criminal and criminogenic motives for motivating the criminal behavior of minors, in accordance with the theoretical substantiation of their content (Ovcharova & Malushina, 2011).
The study showed that the representatives of group 1, the dominant motive is an aggressive motive "(11.86 points), then an immoral motive" (7.52 points). In representatives of group 2, the predominant criminal motive is emotional (12.79 points), then aggressive (11.6 points), and then immoral motive. (7.4 points). The representatives of the 3rd group are dominated by a frustration motive (3.34 points), a motive of self-affirmation (5.21 points) and a game motive (4.92 points).
Thus, it can be concluded that the juvenile suspects in violent crimes are dominated by an aggressive criminal motive and amoral motive. This indicates that they cannot hold back their aggressive actions, and since there is no morality for them, they commit crimes. Minors suspected of crimes of a mercenary-violent orientation first have an emotion, a need arises that needs to be met, they show aggression, and then all their needs are generated by hypertrophied amoral inclinations, the satisfaction of which the subject really cannot ensure by law or this satisfaction is connected with criminal risk commit a criminal act.
For minors suspected of crimes of a mercenary nature, frustration prevails, i.e. there is a strong mental tension and an immediate desire to solve the problem with the help of certain actions and actions, if the legal conscience is not formed, respectively, minors, having a desire to assert themselves and perceive their actions as a game, commit crimes.
To study the characteristics of interpersonal relations of juvenile offenders, we used the questionnaire "Subjective assessment of interpersonal relations" (p. 36), Dukhnovsky (2009).
The degree of tension, estrangement of people in the relationship, as well as conflict and aggression between them is diagnosed.
Significant differences were found in the Student's t-criterion for the “conflict” parameters - in representatives of groups 1 and 2 (t = 3.7 at p = 0.01), “aggressiveness” - in representatives of groups 1 and 3 (t = 2, 8 at p = 0.01), “estrangement” - in the representatives of groups 1 and 2 (t = 3.2, at p = 0.01). High mean values were found for representatives of group 1 in terms of the parameters “alienation” and “aggressiveness”. High mean values were found for representatives of group 3 in terms of “conflict” and “alienation” parameters. Representatives of the 3rd group - aggressiveness, it should be noted that during interrogations this category also behaves extremely aggressively.
The strategies of “adaptation” (9.4 points), “compromise” (8.2 points) dominate among employees interrogating persons suspected of committing violent crimes.
The “rivalry” strategy (10.8 points) prevails among the employees who interrogate persons suspected of committing self-serving violent crimes.
Employees who interrogate those suspected of committing acquisitive crimes are dominated by the strategies of “compromise” (10.2 points) and “cooperation” (7.8 points).
During examination, a certain contradiction of the parties arises, and it was revealed that when working with one group of suspected violent crimes, the investigators prefer the strategy “Adaptation”, which means sacrificing one’s own interests for the sake of another person. In order for a person not to shut up and refuse to testify, you cannot use aggressive strategies. Therefore, they choose such actions, which together with another person can contribute to the implementation of the defense of their own interests. Unlike evasion, with this style there is a part in the situation and agreement to do what the other wants. This is a style of concessions, consent and sacrificing one’s own interests.
In working with the second group of suspected perpetrators of mercenary-violent crimes, investigators prefer the “Rivalry” strategy, i.e. prefers to go to the interrogation actively and purposefully, and are not interested in cooperating with others, respectively, achieve the goal, using their volitional qualities.
In working with the third group of suspected of acquisitive crimes, investigators prefer the strategy of “Cooperation”, i.e. the staff of the inquest take an active part in the interrogation, defend their interests, but at the same time try to take into account the individual-age peculiarities of the minors suspect, the accused. Some investigators prefer the “Compromise” and “Collaboration” styles. When using the compromise style, both sides are a little inferior in their interests in order to satisfy them in the rest, often the main thing. This is done by exchange, concessions.
After analysis using the method of mathematical statistics revealed significant differences on the scales of "rivalry", "avoidance", "adaptation".
To determine the relationship of the police behavior strategy with the personality characteristics of the suspects, we carried out a correlation analysis and identified the following relationships: adaptation and alienation strategy r = 0.74 with p = 0.01, aggressive motive and conflictness r = 0.67 with p = 0.01, this indicates that the reason for committing violent crimes, including murder, rape, can be a misunderstanding of the people around them, alienation from society, aggression appears on others they go and commit crime. The strategy of “rivalry” and “conflict” have direct correlations r = 0.69 with p = 0.01, aggressive motive r = 0.77 with p = 0.01, demonstrativeness. r = 0.71 with p = 0.01. Minors commit many crimes as a challenge to society, demonstrating their demonstrativeness, they behave provocatively during interrogations, dare, therefore investigators prefer a strategy of rivalry to reach the truth, since adolescents can testify only in the process of a certain contest with a stronger opponent.
The cooperation strategy and the self-affirmation motive are r = 0.69 for p = 0.01, and the cooperation strategy is the game motive r = 0.58 for p = 0.01. All this indicates that these minors commit many crimes and perceive it as a game, or, thus, they try to assert themselves in front of their peers, they are active, mobile, intellectually developed, therefore they can commit fraudulent acts, theft. It should be noted that to achieve the truth, investigators prefer a strategy of cooperation, quietly interrogating them and receiving testimony.
1. A minors perpetrators of violent crimes are dominated by aggressive, amoral criminal motives. In interpersonal relationships, there is also a manifestation of aggressiveness and conflict. Emotional, aggressive and amoral criminal motives dominate among minors who have committed self-serving violent crimes. Disharmony in interpersonal relationships is manifested in the form of estrangement, aggressiveness. The frustration motive, self-affirmation motive, and game motive dominate among minors who have committed self-serving crimes. In interpersonal relationships, there is conflict, alienation.
2. Employees who interrogate persons suspected of committing violent crimes are dominated by strategies of “adaptation”, “compromise”. The “rivalry” strategy prevails among the employees who interrogate persons suspected of committing self-serving violent crimes. Compromise and cooperation strategies predominate among employees who interrogate individuals suspected of committing acquisitive and violent crimes.
3. The relationship between the tactics of examination of juvenile suspects (accused) in crimes of various compositions was revealed. The results will contribute to effective examination and the rapid search for evidence in criminal cases.
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21 January 2020
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Sociolinguistics, linguistics, semantics, discourse analysis, science, technology, society
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Malushina*, J., Milyukova, E., & Hvostova, S. (2020). Psychological Features Of Tactics Of Examination Of Juvenile Suspects (Accused). In D. Karim-Sultanovich Bataev, S. Aidievich Gapurov, Professor, A. Dogievich Osmaev, Doctor, V. Khumaidovich Akaev, Doctor, L. Musaevna Idigova, Professor, M. Rukmanovich Ovhadov, Professor, A. Ruslanovich Salgiriev, & M. Muslamovna Betilmerzaeva, Professor (1st Edition), Social and Cultural Transformations in the Context of Modern Globalism, vol 76. European Proceedings of Social and Behavioural Sciences (pp. 2104-2109). Future Academy. https://doi.org/10.15405/epsbs.2019.12.04.282