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Essay / Legal Issues: Forensic Psychologists and Nacro Analysis
Describe narco analysis and its disadvantages? The term Narco-Analysis is derived from the Greek word narkç which means “anesthesia” or “torpor”. It is also called “truth serum”. The word narco-analysis was coined by Horseley. The idea of Narco analysis was first used in Texas on two prisoners. “Truth serum” is used to elicit information from prisoners or anyone who is not willing to give information, facts, or details regarding the welfare of the community, regardless of the circumstances. Some of the names of macrodrugs or physio-active drugs are ethanol, scopolamine, midazolam, flunitrazepam, etc. Analysis of Narco in India - A few countries, like the United States, Russia, France and India, more surprisingly, continue to use narco. analysis. The use of narcoanalysis has attracted widespread criticism in India from the public and the media. Drug analysis is not legally permitted for investigative purposes in developed, democratic countries. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an Original Essay The drug test is performed by a team consisting of an anesthesiologist, psychiatrist, forensic psychologist, videographer and support staff. , in India. To check if the said subject is said to be true, other tests are also carried out like brain mapping or its signal, then the psychologist makes the reports of the answers or revealed responses given by the subject and makes the proof. India primarily uses this macro analysis technique, often in high-profile cases. Examples of such high-profile cases are 1. Ajmal Kasab, the only person captured by the police during the 2008 Mumbai attacks. Kasab was a Pakistani attacker and member of the terrorist group Lashkar-e-Taiba. He was questioned but when he refused to answer, the truth serum technique was applied to him. After that, on May 3, 2010, Kasab was convicted of his crimes, including murder, creating a war against India, destroying cities using explosives, and other charges. On May 6, 2010, the court sentenced him to death. Narco Analysis from Constitutional and Legal Point of View The main provision regarding criminal investigation and trial in the Indian Constitution is Art. 20(3). It concerns the special right against self-incrimination. It has its equivalents in the Magna Carta, the Talmud and the laws of almost all civilized countries. The special right against self-incrimination is a fundamental principle of the Common Law criminal constitution. The characteristic features of this principle are: - The accused is considered innocent, - That it is up to the prosecution to establish his guilt, and - That the accused is not required to make any statement against his will. -These proposals arise from the fear that if compulsory interrogation of a defendant were permitted, force and torture could then be used against him to trap him in fatal contradictions. Art. 20(3) which enshrines this right reads as follows: “No person accused of an offense shall be compelled to give evidence against himself. » After analysis, this provision will contain the following elements: - This is a right available to a person. “charged with an offence”; -It is a protection against such “compulsion” to “be a witness”; -It is a protection against such “coercion” which forces him to testify against himself. All three elements must necessarily co-exist before the protection of Article 20(3) can be claimed. If any of these ingredients are missing, Art.20(3) cannot be invoked. Disadvantages of Macro-Analysis The application of the narco-analysis test involves the rudimentary question of judicial issues and also human rights. The legal position of applying this technique as an investigative tool raises very literal questions such as intrusion into an individual's rights, freedoms and liberties. Subjecting the accused to this technique can cause chaos and egregious consequences. Violation of Art. 20(3) of the Constitution. This also goes against the motto "Nemo Tenetur uses Ipsum Accusare", i.e. "No man, not even the accused himself, can be compelled to answer any question likely to tend to prove him guilty of a crime with which he has been accused." . If the accused's confession is made in a state of unconsciousness (whether under a hypnotic state of mind), it should be rejected by the court. Section 45 of the Indian Evidence Act, 1872 allows expert opinions in certain cases. It reads: "When the court must form an opinion on a point of foreign law, or of science, or of art, or as to the identity of the handwriting or the fingerprint, the opinions on that point or persons particularly competent in that foreign law, or science, or art, or as to the identity of the handwriting or fingerprints are relevant. The right against forcible self-incrimination, widely known as the right to silence, is enshrined in the Code of Criminal Procedure (Crpc) and the Constitution of India. Explain to the expert witness. Definition of Witness:- A witness is a person who testifies regarding the cases he has seen or in any other way. Types of cookies: - there are two types of cookies. 1. Common witness. 2. Expert witness. Common Witness: - may also be called an occurrence witness, means a person who saw or observed the evidence for himself or who perceived it for himself. Expert Witness: - Expert witness is a person who is highly trained, experienced, qualified, professional, competent, practiced, accomplished, expert, skillful, masterful, dexterous, in technical and scientific knowledge, subject capable of belief, judgment, thoughts or corner. by thinking, drawing opinions and conclusions from the facts seen by oneself, or seen/noticed by others related to the case. For example, like a doctor, expert, fingerprint expert, handwriting expert, firearms, etc., Section 45, INDIAN EVIDENCE ACT (1872). An expert witness can offer a statement. He/She can draw conclusions from observations. He/She is highly responsible if he/she gives consent. An expert witness can be severely punished for making a false statement in some countries, but it is still punishable. An expert witness can claim money from the conduct. An expert can give his judgment or opinion:1. On matters concerning common affairs.2. On the facts that were proven earlier or proved by himself, or by the revealed confessor or by other witnesses during the trial.3. On questions based on assumptions (or hypothetical questions). He/She, after thinking or appropriating the thoughts or assuming certain facts of the evidence or describing the specific or different situations of the case without even having the direct knowledge of the case in the hypothetical case. History The use of an expert witness in English law first became known in 1782. When a court was hearing the legal action of those connected with the choking or blocking of the well port in Norfolk. The court accepted the evidence of a civil engineer, John Smeaton. The court's decision to accept the engineer's testimony kicked off the new modern law and itsuse as an expert witness. Role of Expert Witnesses Experts are relied upon for their suggestions and opinions on the depth of the injury, the type of weapon that could have been used in the attack, etc. He/she may suggest, on seeing the area of the murder or any other case, whether the murder or any other case was committed in that area or not, and whether the accused tried to cover it up or induce it into error. Duties of Experts In high-risk cases, each party often objects to multiple experts, on different topics, or on multiple topics. Although very rare, the court may or may also retain the services of its own independent expert. Today, expert testimony is often the most important element of many civil and criminal cases. Fingerprint examination, blood analysis, and DNA testing are common types of expert testimony heard in serious criminal cases. In civil cases, the work of accident analyses, forensic engineers and forensic accountants is commonly observed. Intellectual property and medical negligence cases are typical examples. The electronic evidence was also approved by the court as forensic evidence. Audio and video evidence must be authenticated by both parties in any legal action or proceeding by a forensic expert who is also an expert to assist and provide that the evidence presented is correct or not. Voicemail recordings and closed-circuit television systems produce electronic evidence often used in litigation, more today than in the past. Video recordings of bank robberies are also useful. Give a case study or example of a case and mention how forensic psychology or criminal profiling played an important role in solving this case. Theodore Robert Bundy was an American serial killer, kidnapper/kidnapper, rapist, burglary/robbery, thief, and necrophiliac who assaulted and murdered numerous young women and girls in the 1970s and possibly earlier . He was born between November 24, 1946 and January 24, 1989. Shortly before his execution and after more than a decade of denials, he confessed to 30 homicides he had committed in seven states between 1974 and 1978. The true number of victims will be forever established. unknown and could be much higher than the number admitted by Bundy. Many of Bundy's young female victims considered him handsome and charismatic, traits he exploited to gain their trust. He usually approached them in public places, feigning an injury or disability, or posing as an authority figure, before overpowering and assaulting them in more secluded locations. He would sometimes revisit his secondary crime scenes for hours, nursing and performing sexual acts with the decomposing corpses until putrefaction and destruction by wild animals made further interaction impossible. He decapitated at least 12 of his victims, and for a time he kept some of the severed heads as souvenirs in his apartment. On a few occasions, he simply broke into homes at night and bludgeoned his victims while they slept. Examination carried out by the psychologist. Bundy underwent several psychiatric examinations; experts' conclusions varied. Dorothy Otnow Lewis, a professor of psychiatry at New York University School of Medicine and an expert on violent behavior, initially gave a diagnosis of bipolar disorder, but later changed her impression several times. She also suggested the possibility of amultiple personality disorder, based on behaviors described in interviews and court testimony: a great-aunt witnessed an episode in which Bundy "seemed to transform into another, unrecognizable person... [she] suddenly, inexplicably found herself afraid of her favorite nephew as they waited together in a darkened train station He had become a stranger as a Tallahassee prison official described a transformation. similar: "He said, 'He got weird with me.' He had a metamorphosis, a change of body and face, and he felt a smell coming from him. He said: 'An almost complete change of personality... this is the day I... I was afraid of him.'" Experts found Bundy's precise diagnosis elusive, with the majority of evidence pointing away from bipolar disorder or other psychoses and toward antisocial personality disorder (ASPD). Bundy exhibited many personality traits typically found in ASPD patients (who are often identified as "sociopaths" or "psychopaths), such as outward charm and charisma with little real personality or insight underneath." the facade; the ability to distinguish right from wrong, but with minimal effect on behavior; and an absence of guilt or remorse. “Guilt doesn't solve anything, really,” Bundy said in 1981. “It hurts you...I guess I'm in the enviable position of not having to deal with it. with guilt." There was also evidence of narcissism, poor judgment and manipulative behavior. "Sociopaths," wrote prosecutor George Dekle, "are selfish manipulators who believe they can fool anyone." Sometimes he manipulates me," one psychiatrist admitted. Ultimately, Lewis agreed with the majority: "I always tell my graduate students that if they can find me a real psychopath, I'll treat them to dinner ", she told Nelson. "I never thought they existed...but I think Ted might have been one, a real psychopath, with no remorse or empathy." Narcissistic personality disorder (NPD) was proposed as an alternative diagnosis in at least one later retrospective analysis. The afternoon before his execution, Bundy gave an interview to James Dobson, a psychologist and founder of the evangelical Christian organization Focus. on the Family. He took the opportunity to make further statements about media violence and the pornographic "roots" of his crimes. “It was done in stages, gradually,” he explained. "My experience with... pornography that deals with sexuality on a violent level, is once you become addicted to it... I would continue to seek out more powerful, more explicit, more graphic types of material. Until 'until you reach a point where the pornography doesn't go any further... where you start to wonder if maybe doing it would yield something beyond just reading it or watching it. Media violence, he said, “especially sexualized violence,” sent the boys “on the path to becoming Ted Bundy, he suggested.” , should police adult movie theaters and track patrons as they leave. “You’re going to kill me,” he said, “and that will protect society from me. But there are a lot more people who are addicted to pornography, and you're not doing anything about that." Court order directing execution Bundy was executed in the electric chair at Florida State Prison on January 24, 1989. Biographer Ann Rule described him as "a sadistic sociopath who took pleasure in another human's pain and the control he had over hisvictims, to the greatest number.” at the point of death, and beyond." He once called himself "the coldest son of a bitch you've ever met"; lawyer Polly Nelson, a member of his final defense team, wrote: “Ted was the very definition of heartless evil” What is the role and importance of the forensic psychologist in the justice system? Forensic psychologists are people or individuals responsible for applying the principles of psychology to the justice system. Usually, forensic psychologists are used in criminal trials to prove that the mental state of prisoners or the accused meets the required legal standards. Forensic psychologists must have a bachelor's degree in psychology, followed by a master's degree. Forensic psychology is a highly specialized field that requires great knowledge, understanding and observation skills Importance of Psychology Psychology is the study of the behavior, performance and mental operations of people. It also refers to the application of knowledge, which can be used to understand events, treat mental health problems and improve education, employment and relationships. Roles of Psychologists in the Legal System There are different general roles for psychologists in the legal system. Psychology has a place that exists in the law (Bottoms et al., 2004). In general, psychology researchers can impact the law in a variety of ways. Like people/individuals with basic studies or a researcher in the early stages of psychology, they can simply see through the accused's claim, whether it is correct or not. Then there are applied researchers who tackle scientific problems. Basic researchers inform the justice system by increasing available knowledge on topics such as memory, human mental action, or the process of acquiring knowledge and understanding through thought, experience, senses, and influence social. In the example of applied researchers, when critics claimed that trained interrogators could analyze a defendant's silence behavior to elicit or determine whether a defendant or suspect is lying, Kassin and Fong (1999) acquired training materials for interrogators, trained student observers to analyze behavior, and evaluated whether the training caused observers to be more accurate. The psychological association requires psychologists to adhere to strict guidelines and a code of conduct as well as a set of principles that they must follow, called the APA Ethical Principles of Psychologists and Code of Conduct in 2002. Revisions have been made to these standards since then, most recently as June 1, 2010, according to McCutcheon (2002). Additional principles required of police and all psychologists are that they must try to do good and not cause harm to others through their knowledge called beneficence and non-maleficence. “Loyalty and responsibility, integrity, justice, respect for the rights and dignity of others (McCutcheon, 2002)” are also required principles. Competence to Stand Trial Roles of Forensic Psychologists Competence to Stand Trial A preliminary question in any criminal case is whether the accused has the mental capacity to stand trial and face his accuser. A forensic psychologist is often chosen to conduct an assessment of the defendant's skills to determine whether the defendant will be able to consult with their attorney, maintain a reasonable degree of understanding of the proceedings, or otherwise assist in their defense. The psychologist will evaluate the defendant to determine, if applicable, the cause of.