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9TASKS OF COMPLEX FORENSIC PSYCHOLOGICAL AND
LINGUISTIC EXPERTISE
Mahmudova Hulkar Tilabovna
Professor of the Department of Professional Skills of the Higher School of Judges under the
Supreme Council of Judges of the Republic of Uzbekistan, candidate of psychology https://doi.org/10.5281/zenodo.8332664
Abstract. This article discusses current issues of comprehensive forensic psychological-linguistic expertise. Here the article analyzes the issues within the authority of an expert psychologist and an expert linguist, and considers the methods that an expert psychologist should use.
Keywords: court, expert, psychologist, linguist, text, video recording, audio recording, written text, oral text.
The peculiarity of this type of forensic examination is that it is aimed at increasing the objectivity and comprehensiveness of the complex, linguistic and psychological results of the legal problem solving as evidence as a forensic psychological and linguistic examination. It is known that a complex psycho-linguistic expertise is assigned to study oral and written speech (mimic, pantomimic, vocalographic, graphic and other signs). It, in turn, helps to establish personal qualities, mental states and processes, as well as the authorship of a written / oral text, which are manifested in speech.
It should be said that in order to determine the authorship of written documents, a forensic correspondence examination is appointed, which reveals the signs, characteristics and details of a letter of a certain person. Other parameters related to the content of the text of written and oral documents (logic, character, content, object, purpose, theme and idea, communicative intention and reactions, level of participation, etc.) are analyzed through complex psycholinguistic or psycholinguistic expertise (Kochenov, Batov, 1972; Fomushkin, 2003; Zheltukhina, Kislyakov, Lisovenko, 2005, 2008). Unlike correspondence experts who determine the identity of the author of the examined document and the handwriting of the suspect, accused, etc., expert psychologists and linguists can identify the real author of the written (handwritten, printed) document, as well as the oral document (video, audio recording), the emotional state of the author, they also determine his personal and other characteristics.
In the comprehensive forensic psycholinguistic examination, the following characteristics of oral and written speech, which are important for investigation and judicial practice, are determined: non-verbal (for oral speech); semantic and grammatical (the nature of expressions, the choice of words and structures, the measure of expressiveness, correctness, arrangement of the text, etc.); categorical (gender, age, social status, profession, region, nationality, etc.); pragmatic (purpose, intention, reaction, etc.); pathological (symptoms of mental illness and morbid states of the psyche).
Currently, complex forensic psychological-linguistic expertise is an actively developing direction in legal psychology and legal linguistics. The foreign experience of conducting complex forensic psycholinguistic examinations shows that the range of cases that can be identified as a result of extensive psycholinguistic research is expanding, the need for this type of examination is increasing day by day.
In order to comprehensively study the characteristics of a person's oral and written speech, a complex forensic psychological-linguistic examination is often carried out taking into account the data of forensic medical, psychiatry, pathology, phonoscopic and other examinations.
The study of the problem of describing the speech of the accused, suspect, witness, law enforcement officer is of great interest to modern legal psychology and linguistics, because it creates fantasy and constructive models of the truth and falsity of the message, hidden situations, develops communicative tools for law enforcement agencies. Creating an axiological portrait of communication tools that reflects and forms the speech activity (audio / video recordings, written and spoken texts), and determining the important directions of their behavior is of great scientific interest from a theoretical and practical point of view.
So, complex forensic psycholinguistic expertise is a special type of research conducted at the intersection of two disciplines. This means that at least two experts will participate in it. This type of research is very new and complex, so only qualified linguists and psychologists can participate in it. In the investigation of cases of various categories, including extremism, terrorism, national (inter-ethnic), racial, religious or inter-regional enmity, incitement to hatred, bribery, greed, abuse of power and other crimes, when required to prove guilt, as well as , when conducting investigative processes with minors who are victims of sexual inviolability and other crimes, as well as to determine the cases of protection of honor, dignity and business reputation, a comprehensive forensic psychological-linguistic expertise is required.
In order to create a general psychological speech portrait of the communicators (author and addressee) related to the questions, the general method of the complex forensic psycholinguistic examination is to determine the psychological characteristics of the speech, text, audiovisual products of the communicators (author and addressee) based on the study of formal and informal linguistic and paralinguistic features. In a comprehensive approach, coordination of psychological and linguistic parts is important, which requires a high level of professional cooperation between experts in the relevant fields: psychology, linguistics.
The objects of study of complex forensic psycholinguistic expertise are texts, audio and video products of various genres. The disputed text may be in various physical forms, including: flyers, posters, stickers, placards, banners, articles, media records, books, brochures, newsletters, websites, audio and video recordings, CDs and hard drives, includes flash cards, maps and other media.
In addition to verbal (verbal) information, the disputed texts under investigation may include non-verbal (non-verbal) components (graphics, symbols, pictures, photographs, collages and other images), which are the object of examination, because they have additional information. If necessary, cultural scientists or political scientists should be involved for a deeper analysis of the non-verbal components of speech. During complex studies, each expert involved in the examination examines his part:
A psychologist conducts research on the basis of special knowledge in the field of psychology in order to obtain conclusions about the circumstances that are important for solving the case. At the same time, actions that have a psychological impact, psychological distortions of information, psychological signs of concealing situations, construction of fantasy and false news are identified in the message.
A linguist analyzes text and audio-video recordings in order to study the semantic structure of the text and its pragmatics.
Complex forensic psycholinguistic examination allows to determine the following information:
- statements with a negative assessment and attitude towards any national (international), racial, religious and interregional group;
- negative information about a natural or legal person, the form of its expression;
- insulting, derogatory statements directed at a person or a group of persons united on any
basis;
- words and phrases belong to a certain thematic class (for example, related to violent, terrorist, religious-extremist and similar actions);
- words containing threats or incitement to commit certain actions;
- stylistic, linguistic, figurative tools used to form negative or offensive characteristics;
- communicative means and goals (the expert can determine through which media resources the studied material was distributed and which communicative goal was achieved by its author).
The list of tasks solved in the process of conducting a comprehensive forensic psycholinguistic examination is very wide and arises from the needs of the studied oral and written texts. Most often, they are the following: determining the spiritual integrity of the material; determine the authorship of the studied material; to determine the presence of factors affecting the person / audience in the creation of material; establishing the emotional state of the person who is the author of the material (research by a psychologist); determining the spiritual essence of the material; determine the communicative intention of the author of the controversial speech material; the study of material to determine its effect on the will, mind, and behavior of a person or group of persons.
The main object offorensic psychological examination is the mental activity of the subject of legal relations, that is, the mental activity of a person in situations of legal significance. Other objects of forensic psychological examination can be sources of information about facts and events reflecting the mental activity of a person, for example: evidence; documents as a special type of evidence; records of interrogation and investigative actions; conclusions of forensic experts; products of mental activity (author's works, oral and written speech, diaries, letters, pictures, etc.); photo and video documents.
Psychological examination can be conducted in the following areas:
- to determine the presence/absence of signs of psychological impact of a controversial text (picture);
- to determine the presence of signs of extremist video recordings that have a psychological effect on the viewer;
- to determine the presence / absence of signs of psychological influence in controversial propaganda materials;
- to determine the presence / absence of signs of negative psychological effects in controversial texts;
The following methods of forensic psychological examination can be used: qualitative methods that allow searching for regularities and differences in the text, analyzing the whole text, as well as studying audio and video materials; methods of analyzing events based on textual data; quantitative methods that allow statistical verification; intent-analysis, which allows to reconstruct
the subjective orientation of the object through the author's text; content analysis, an analysis that provides a qualitative and quantitative analysis of the text to interpret the identified numerical patterns; discourse-analysis, which makes it possible to distinguish the important features of social communication, as well as the content and formal indicators related to a certain historical stage of the development of society; narrative-analysis, summarizing past experience, connecting the sequence of words in the sentence and real events.
Not only the text and its meaning, but also the impact associated with the text message play an important role in the complex forensic psycholinguistic examination of objects. In this regard, the tasks of a specialist psychologist are as follows, that is, to distinguish a textual message in audio and video materials of psychological impact; determine whether the target has a malicious or neutral character; to determine the emergence of a certain mental state in the perception of the text and the consequences of such a state.
It should be taken into account that any sources of information - visual, auditory, kinesthetic - have the ability to have a psychological effect. An expert psychologist is involved in the complex examinations, first of all, to analyze the visual materials, in order to determine the presence of psychological factors in them.
Psychological influence - influencing the mental state, feelings, thoughts and actions of other people using psychological means, that is, verbal (oral); paralinguistic (phonetic, kinetic, graphic) or nonverbal (non-verbal, figurative). It is able to trigger unconscious actions, change the motivational-spiritual sphere of the affected person.
The emotional component of the effect determines the emotional response to the presented information: does the subject express sympathy, antipathy, neutral or opposite attitude to the person? The non-verbal component includes the following main sign system: optical-kinetic (gestures, mime, pantomime); para- and extralinguistic (the paralinguistic system is the vocalization system, that is, the quality of the voice, its range, tone; the extralinguistic system is the introduction of pauses and other additions in speech, for example, coughing, crying, laughing, speed of speech); organizing the space and time of the communicative process; visual communication.
When conducting research, it should also be taken into account that the effect on the psyche can be carried out in the following forms:
- informational-psychological (ideological) - the impact of words and information on creating positive or negative emotions for the formation of certain ideas, views, concepts, beliefs in people;
- psychogenic effects that occur as a result of physical impact on the brain of a person that disrupts the normal functioning of neuro-psychic activity (complicated brain injury that changes the mental state through physiological reactions, the effect of sound, light, temperature and other similar factors on the psyche) or surrounding situations / events or they the impact of information on the mind as a result of shock (mass riots, many victims, etc.) can lead to affective, panic, depressive states, which interfere with rational understanding of information and overwhelming consequences;
- suggestive effect;
- neurolinguistic programming is a type of influence on a person's mind through special linguistic programs that change their motivation (structuring the text in a way that causes certain reactions of the psyche and human behavior);
- psychotropic - affecting the psyche with the help of drugs, chemical or biological substances.
Information pressure is associated with the active use of the following methods:
- "universal" statements, the truth of which cannot be confirmed, but which are "understandable to everyone" (for example, "the world is unfair");
- generalization, expansion of generalization ("always", "eternal", "permanent" lexemes are signs of this technique);
- a closed indicator of the generally accepted form ("After all, we are brothers and brothers should help each other" - a guiding phrase that brothers should help each other in any matter);
- assumptions, that is, hiding hidden assumptions;
- controversial statements, which indicate that people have some kind of special relationship;
- vague referent index ("There is an idea..." - specific surnames are not indicated), -multiplication of names, actions, situations ("There are various people walking here..." - even if only one person passed);
- communicative sabotage (answering a question with a question, denying some of the opponent's ideas, drawing wrong conclusions);
- uncertainty, - replacement of the subject of action (abstract concepts are used instead of a specific person responsible for some other action - "history", "time", "country", "people", "community", "many", etc. - as well as plural personal or attributive pronouns: "all", "we", "our");
- replacing neutral concepts with emotional-evaluative concepts ("I did something disgusting" instead of "I did such a thing");
- a controversial analogy ("The British Empire collapsed - therefore the USSR must collapse"),
- thematic transition. The main methods of psychological influence - persuasion, influencing the mind, infection, imitation, especially in combination with stimulation, coercion, etc. In order for influence to be effective, it must be clear to whom the influence is directed, that is: giving importance to low emotions and aggressive reactions and aspirations; Stimulation of the sense of "I", hostility towards "strangers" and "those who are not like"; Excited by the need for recognition, security, a sense of community.
So, psychological influence is a purposeful influence on the state, thoughts, feelings and actions of another person using psychological means, giving him time to respond to this influence.
It should be noted that in practice there are cases where lawyers, prosecutors and judges misinterpret the importance and essence of the examination of the signature from the psycholinguistic point of view. Scientific correspondence (forensic correspondence) is a branch of criminalistics that deals with the examination of human signatures and signatures. Issues to be resolved include: identification check: identification of the person who executed the signature; checking whether different texts (signatures) were executed by the same person; diagnostic examination: determining the conditions under which the signature was executed, the condition of the person executing it; classification check: to determine the gender and age of the person who executed the signature.
It should be distinguished from graphology, which is a controversial psychological science. Questions about not only the author of the written document, but also the author of the speech recorded on the film can be put before the psychological-linguistic examination.
The process of activity of judges, lawyers and investigators in criminal investigation processes requires conducting certain types of forensic expertise, in particular, linguistic, psychological or complex psycho-linguistic orientations. This type of expertise is carried out in criminal cases directly related to speech activity.
This category includes the following crimes: fraud, threat, blackmail, corruption, suicide, intentional murder, bribery, mental violence against a person, slander, insult, humiliation of human dignity, disclosure of family secrets, in particular, secrets of adoption), state secrets , discrediting the business reputation of an individual or legal entity, disseminating false information, violating copyright, promoting the ideology of Nazism (fascism), extremist actions, violently changing the state structure and territorial integrity of our country, and inciting to crime.
Therefore, the fairness of the trial depends on the judges' understanding of the level of competence of experts with relevant specializations. These include text analysis: competencies of psychologists and linguists, as well as forensic linguistic expertise (FLE), forensic psychological expertise (FPE) or comprehensive forensic psycholinguistic expertise (CFPE).
Psycholinguistics is a field of scientific knowledge that combines the professional activities of a psychologist and a linguist. The interaction between a linguist and an investigator with a higher legal education is based on the knowledge of the field of linguocriminology. It is here that the validity of testimony based on special knowledge of the common subjects of professional interaction between a linguist and a lawyer, in particular, the language, speech and thinking characteristics of criminals, is determined. This discipline also combines linguists and lawyers with psychologists.
Taking into account the above points, it should be noted that there are several main problems in researching the activities of specialists in the conditions of Uzbekistan: distinguishing the methods, subjects and objects of FPE, FLE, CFPE in the analysis of the texts contained in the documents of criminal cases (reports); defining the limits of professional competence of expert psychologists and linguists; study the possibilities of this type of expertise in the study of criminal case materials, including audio and video recordings. The study of linguistic and psychological aspects of expertise in text analysis includes learning to distinguish not only subjects and objects, but also research methods. Therefore, the increasing need for this type of expertise, the expansion of research directions, and the fact that expert psychologists have the task of solving the current issues of studying and applying both scientific and practical aspects of this type of expertise indicate that.
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