Advocate Dave Shubham Bhaveshkumar
ABSTRACT
Psychology is defined as the science of investigating mental aspects that influence human behaviour. However, the application of psychology in the legal world deals with determining various factors such as the mens rea in the crime, the authenticity of the witness, and most importantly the type of punishment which shall be granted as it is based on several factors such as the mental agony caused to the victim in rape cases, accidents caused in motor vehicle accidents, and various mitigating and aggravating factors which led accused to commit a crime. Thus, the most commonly used field of psychology in law comprises social, developmental, cognitive, and therapeutic components of psychology. However, it has some limits, such as the fact that psychology is a science that does not provide certainty, but law requires certainty and has limited applications in family and criminal law matters, among other things. A psychologist's job is to act as an amicus brief, but owing to a lack of expertise, amicus brief is sometimes only called to quote and defend a psychologist's own view. The "American Society of Law and Psychology" also recommends that the application of psychology in the sphere of law consists of implementing therapeutic specialisations in the legal world on those people who come into contact with such laws. Thus, legal psychology is concerned with social and cognitive principles that have been widely employed in research and academia to conduct empirical research on impending legal concerns. Furthermore, most psychologists serve as advisors and even trial consultants in the courts, assisting Judges in reaching decisions. Not only that, but because such studies are based on practical research, they are frequently relied upon by legislators during crises to clear their uncertainties and set technical policies. Also, psychologists are called upon by courts to testify as legal experts under the Indian Evidence Act, 1872. For example, a forensic psychologist examines a witness' memory, whereas a forensic psychologist assists in determining a defendant's proficiency. Thus, while law and psychology are two independent concepts, their use in the subject of law is extremely beneficial.
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