Note of CHAPTER 9: LEGAL PSYCHOLOGY AND TRENDS OF COMPLIANCE AND ENFORCEMENT OF LAW IN NEPAL, from exam perspective. (cursory Notes)
CHAPTER 9: LEGAL PSYCHOLOGY AND TRENDS OF COMPLIANCE AND ENFORCEMENT OF LAW IN NEPAL
Psychology
Psychology is the study of mind and behavior. It is the study of mind, how it works and how it affects behavior. The connection between mind and behavior is the subject matter of psychology.
Types of Psychology
There are different types of psychology that serve different purposes. There is no fixed way to classify them but there are some common types:
- Legal Psychology
- Cognitive Psychology
- Forensic Psychology
- Clinical Psychology
- Developmental Psychology
- Evolutionary Psychology
- Health Psychology
- Neuro Psychology
- Organizational Psychology
Legal Psychology
Legal psychology is a modern term that refers to the study and use of psychology as it applies to the legal system and people who come in contact to legal system.
People who work in the area of legal psychology work with methods of understanding, evaluating and questioning suspects, evaluating jury candidates, investigating crimes and crime scenes, forensic investigation and other legally related situations.
Clifford (1995) indicated, on the surface it would seem law and psychology share common concerns in that they are both trying to understand and predict human behavior.
Place of Psychology in Nepalese Legal System
I) General Defense (Lacks ‘ mens rea (Psychology)’)
Infancy
Minors are not obliged with the punishment equal to the adult.
Section 45 of MCC 2074 Below 10 = No punishment
10-14= upto 6 month or 1 year at reform home 14-16= half of the punishment
16-18= 2/3rd Punishment
Insanity/Mental illness
Mentally retarded person are not liable for the criminal liability. Insane do not have knowledge of the consequences. (section 14 of MCC 2074)
Drunkard Ness and intoxication
It is not fully immune. This will be ground for defense only if it is administered under misrepresentation of coercion.
Drunken driving is punishable by law under Vehicle Transportation and Management Act 2049.
In all of these situations “mental state/ psychology of the person has been examined and they were provided with excuses.
II). Juvenile Justice System
- Juvenile bench with child psychologist
- Appointment of Child Psychologists in the Reform Homes
- Detention as last resort of punishment
- Main motto to reform the children
- Identify the reason of commission of juvenile delinquency
These provisions are mentioned in Child Rights Act, 2075.
III). Principles of Criminal Justice & Civil Legal System
| Criminal legal System | Civil legal system |
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IV). Motto of Punishment and Sentencing Policy
- Deter from committing further crime: offender and others
- Makes offender regret on the act they committed. ( sec 13 of Sentencing Policy Act 2074)
- While giving punishment to minor, then best interests of child, feeling of regret, gravity of delinquencies, wish to live good life s to be considered. (Section 16 of Sentencing Policy Act 2074
V). Evidence Act 2031
Eyewitness and oral evidence have evidential values in law.
Theoretical perspectives:
1. Oliver Holmes
- Bad Man theory, a person who had been arrested and charged will be thinking of what will be the punishments to him, rather than what is in law.
- Judgment of the case will be influenced by psychology of judge.
2. Savigny
- Savigny’s theory of Volkgeist, laws are to be made as per the common consciousness of the people.
- It means that laws are to be made as per the psychological acceptance of general public.
What do Legal psychologists do?
- Research
- Expert witness
- Legislative making and legislative guidance
- Advisory role
Amicus brief
Hrithik Yadav.
