Importance of Social Psychology To Law
Importance of Social Psychology To Law
7.0 Objectives
7.1 Introduction
7.2 Concept of Community
7.3 Application of Social Psychology to Community.
7.4 Applications of Social Psychology to the Legal System
7.4.1 Social Psychology and Crime
7.0 OBJECTIVES
After reading this Unit, you will be able to:
- describe the concept of community;
- describe the application of social psychology to community; and
- explainhow social psychology can be applied to the legal system.
7.1 INTRODUCTION
“In India . . . we must aim at equality. That does not mean and cannot mean
that everybody is physically or intellectually or spiritually equal or can be
made so. But it does mean equal opportunities for all, and no political,
economic or social barrier. . . . It means a faith in humanity and a belief that
there is no race or group that cannot advance and make good in its own way,
given the chance to do so. It means a realisation of the fact that the
backwardness or degradation of any group is not due to inherent failings in
it, but principally to lack of opportunities and long suppression by other
groups.”
*
Dr. Tina D‘ Cunha, SEN Inclusion Learning Mentor and Key worker
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We have had a good introduction to social psychology in the previous Units Psychology to
and hence now we shall directly understand the main aspects of this Unit, that Community and Legal
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is, application of principles of social psychology to community and legal
systems.
The Unit will mainly focus on the concept of community and how social
psychology can be applied to community. Community life is all about shared
practices, common values and belief system. For instance, Goa – has the
‗Goan‘ community- as it is often referred to. Being geographically on the
coast and four centuries of Portuguese rule has led people of the state to have
their own way of life and sustenance. The Portuguese influence is evident in
names, food, architecture, music and all this is beautifully blended with
Hindu festivals, the Konkani language, the farming, fishing and tourist
industry and an undeniable Indian culture. Thus, we will not only understand
the concept of community but will also look at the application of social
psychology to community.
Further, the Unit will also explain the application of social psychology in
legal system will be highlighted. The legal systems hold its prominence in
social living. Since criminal behavior involves the violations of socially
defined norms, psychologists view these behaviours to be accountable to
both, the person as well as the situation it occurred in.
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The discipline of psychology holds the view that we as individuals are social Psychology to
beings and we exist in a community culture and we need each of our Community and Legal
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community lives in order to realise our distinct sense of self, attachment and
individuality. Community life integrates individuals into a society. It
connects personal histories and experiences to shared cultural values and
practices. Social representations such as community symbols, histories,
rituals and aspirations of people shape community life and these become a
strong sense of social behavior and knowledge for people. Communities play
an important role in influencing the behaviour of individuals who are its
members. Communities provide social norms that direct and regulate the
behaviours of the individual
Social psychologists also highlight that a community helps us in our need for
‗belongingness‘. It is important to note that a community cannot develop in
isolation or influences from other communities. Hence, they construct their
roots and identity based on the social life and experiences of people living in
it.Though, there are numerous problems and issues world wide and they
occur at various levels like economic issues, health issues, climate change,
population, wealth distribution etc. Conflicts are bound to develop in groups
and among individuals. They are present in every community group as well.
There are differences in thought, opinions and experiences. These need to be
minimised and resolved in a fair and open manner.
Further, in all societies we notice that some groups are socially excluded and
may face discrimination. Social exclusion describes a process by which
certain groups are systematically disadvantaged because they are
discriminated against on the basis of their ethnicity, race, religion, sexual
orientation, caste, descent, gender, age, disability, HIV status, migrant status
or where they live and so on. Discrimination occurs in public institutions,
such as the legal system or education and health services, as well as social
institutions like in the household. A HIV positive lady gave this testimony ―I
got HIV from my husband. After a year of our marriage, my husband died
from AIDS. When it was discovered that I had become infected with HIV, my
in-laws stopped having anything to do with me and disowned me. So I had to
move back to my parents’ house. After this tragedy I went looking for a job.
Before my marriage I used to teach in a school, so I thought when I needed a
job I could apply to the same school again. But the school authorities found
out about my HIV status and refused to accept my application. Not only that,
I was also humiliated and looked down upon. Later, I got in touch with a
foundation which helped me get HIV treatment. Through them I found my
present job.‖ Social exclusion can also be subtle and unintentional like in the
cases of disability where the common spaces like educational institutes,
market places, government offices are not designed to be disabled friendly.
One of the direct consequences, among other factors, of social exclusion is
poverty in various communities. Socially excluded people are often denied
opportunities causing low income and are left economically behind. Living
with low income can increase parental stress and affect family bonding.
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neighbourhoods and unsuitable environments and influences like crime. It
has negative influences on children‘s health, development and overall
wellbeing.
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7.4 APPLICATION OF SOCIAL PSYCHOLOGY Psychology to
Community and Legal
TO THE LEGAL SYSTEMS System
Legal systems are a part of political, social and economic development of any
given country. Major social changes are always reflected in the laws of the
land. The relationship between social psychology and law may not be
common in our understanding but it helps when we look at it as a ‗coded set
of rules that regulate human behavior and interactions‘. The regulation of
behaviours through set laws helps in conflict resolution and guiding accepted
behaviours. There is a very deep connection between human mind and
behaviours and the functioning of the legal system. In the following case
study of false confessions, we can attempt to see how being ‗caught‘ in a
criminal offence can work on the human mind and have its consequences.
At 16, Huwe Burton confessed to killing his mother. He was still in shock
from discovering her body when New York City police began to interrogate
him. After hours of being threatened and cajoled, he told the police what they
wanted to hear. He soon recanted, knowing he was innocent and hoping the
justice system would clear him. Burton was convicted of second-degree
murder in 1991 and received a sentence of 15 years to life. After 20 years in
prison, he was released on parole, but he never could shake the stigma of the
conviction. Attorneys from several organisations worked for more than a
decade to clear him. They produced facts that contradicted the confession
and showed evidence of prosecutorial misconduct. But for the Bronx District
Attorney's Office, Burton's confession outweighed all other evidence; after
all, who would admit to a crime they did not commit? Burton's attorneys
brought in Saul Kassin, a psychologist, to help with the interrogation.
Kassin explained that false confessions are not rare. Drawing on more than
30 years of research, Kassin told the legal team how standard interrogation
techniques combine psychological pressures and escape hatches that can
easily cause an innocent person to confess. He explained how young people
are particularly vulnerable to confessing, especially when stressed, tired, or
traumatised, as Burton was.
The above case study highlights the role of psychology in legal system. The
focus of the presnet unit though will be specifically on how the principles and
concepts of social psychology can be applied to legal system.
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Application of In this section we will discuss the role of social psychology in the legal
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system. The socio-legal approach says that law is directly linked to the
analysis of a social situation involving a legal angle and should be put into
perspective of how the law plays a role in the maintenance or change of the
situation.
Deindividuation: Once such factor (in the context criminal behaviour) could
be deindividuation (that was also mentioned earlier in the previous sub-
section). Deindividuation can not only have a negative impact on the
community as was discussed earlier but can also promote criminal behaviour
and thus needs to be dealt with adequately. Deindividuation refers to the fact
that when people are placed into groups or surrounded by a crowd, many
people seem to lose their sense of identity or individuality, resulting in the
loss of self-control or moral restraints. Deindividuation is commonly used to
explain various situations of violence, including genocide, violent riots or
crowds, gangs or antisocial group behavior.Philip Zimbardo, a well-known
psychologist, believes deindividuation usually follows as a result of a
complex set of events:
b) The individual feels that he/she has lost their sense of identity and
becomes part of ―the group‖.
c) The group identity gives comfort in the fact that he/she can no longer be
singled out or held responsible for their behavior.
Criminal behaviours like stealing are more likely when individual are in a
group. Deindividuation can also be attributed to collective aggression as there
is a loss is sense of identity when on wis ina group and there may be loss of
self control that could lead to individuals displaying behaviours that may not
be as per the societal norms.
Social facilitation: Yet another concept that we can discuss in the context of
social psychology and crime or criminal behaviour is social facilitation.
Social facilitation refers to the finding that people sometimes show an
increased level of effort as a result of the real, imagined, or implied presence
of others. In a study by Thornberry et. al. (1993) the boys of the Rochester
Youth Development Study who were gang members were found to be much
more delinquent than non-gang members. Results for transient gang
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members, those who were gang members for only one year and presumably Psychology to
less committed to the gang, were most consistent with the social facilitation Community and Legal
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model. Involvement in delinquency was particularly high when the boy was
an active gang member, but these boys were not consistently more delinquent
than non-gang members when they were not active in the gang. For those
who remained gang members for at least tw years and were presumably more
committed to the gang, that is, the stable gang members, these boys exhibited
the highest rates of general delinquency, yet delinquent involvement was
greatest during their years of active gang membership.
Social psychology can thus find its application in legal system to understand
the behaviour of the jury, lawyers, eyewitnesses, defendants as well as the
accused. Further, it can also find it application to the arrest, interrogation and
prosecution process.
A lot will also depend on the interview that is carried out during the
interrogation as the interviewer can have an impact on the interviewee (who
could be the victim, eyewitness or the suspect). Interactional synchrony could
take place, where the the body movements are coordinated by the people
when they are interacting with each other. This can have a detrimental effect
on the investigation process. For example, if the interviewer, is a police
officer, is restless during the interview, as a result of interactional synchrony,
the interviewee could also get restless and this could be perceived as
suspicious behaviour by the police officer. Any stress created during the
investigation may make the suspect wrongly confess to crime. Thus, these
issues need to be considered while the investigation is being carried out.
Further, self fulfilling prophecies can also play a role here. Self fulfilling
prophesies occurs when expectations that a person has from another person,
affects his/ her own behaviour and that of the other person in such a way that
the person‘s beliefs will be confirmed. Thus, is the investigating officer has a
144 preconceived notion that the person he/ she is interviewing has committed the
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crime, the interviewee will behave in accordance with the self fulfilling Psychology to
prophesy, thus leading to error in the investigating process. Investigative Community and Legal
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interviews thus can be carried out keeping these aspects in mind and by
employing effective cognitive interview techniques. For example, focus on
rapport building, asking open ended questions, questions that are non leading,
and strategic silence could be used (Day and Marion, 2012). The
investigative officer needs even more careful while investigating children and
questions asked again need to be non suggestive or non leading and neutral in
nature.
A tool that could be of help during interrogation is the polygraph test or lie
detector that is based on principles of psychology. Lie detection is a major
theme in ‗psychology and law‘, which in turn is one of the main areas of
applied psychology. To fucilitate lie detection, psychologists and
practitioners have developed numerous lie detection tools. Such tools span
the entire possible range from observing behavior, analysing speech, and
measuring peripheral physiological responses to recording brain activity.
Prison climate: Besides the above the principles of social psychology can
also be applied to understanding and improving prison climate or setup. The
prison has many goals. It can be a form of punishment or means of removing
the individual from the society for safety of others, it can be incapacitation of
the offender, rehabilitation and also denunciation to imply that the behaviour
as displayed by the offender will not be tolerated. Prison includes a social
environment as various offenders as well as the guards interact with each
other on day to day basis. The social climate of a correctional system like
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prison has three main dimension according to Moos (1987, as sited in Day Psychology to
and Marion, 2012, page 266): Community and Legal
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- Relationship oriented: Includes support, involvement and expression.
- Personal development: Includes autonomy, practical orientation and
personal problems orientation.
- System maintenance and change: Includes order and organisations,
programme clarity and staff control).
1) What is deindividuation?
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7.6 REFERENCES
"Community" Oxford Dictionaries. 2014. Oxford Dictionaries from
https://en.wikipedia.org/wiki/Communityon 19.07.2021.
Fisher, R.J. (1982). Social Psychology An Appliesd Approach New York: St.
Martin‘s Press, Inc.
Kohrt, B. A., Asher, L., Bhardwaj, A., Fazel, M., Jordans, M., Mutamba, B.
B., Nadkarni, A., Pedersen, G. A., Singla, D. R., & Patel, V. (2018). The
Role of Communities in Mental Health Care in Low- and Middle-Income
Countries: A Meta-Review of Components and Competencies. International
journal of environmental research and public health, 15(6), 1279.
https://doi.org/10.3390/ijerph15061279.
Latané´, B., & Nida, S. (1981). Ten years of research on group size and
helping. Psychological Bulletin, 89, 308 –324.
Prabhakar, H., Manoharan, R. (2005). The Tribal Health Initiative model for
healthcare delivery: A clinical and epidemiological approach. National
Medical Journal of India, 18:197–204.
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1) What is deindividuation?
Deindividuation refers to the fact that when people are placed into
groups or surrounded by a crowd, many people seem to lose their sense
of identity or individuality, resulting in the loss of self-control or moral
restraints.
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