Reasonable risk as a problem of legal psychology

 
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Abstract

The article is devoted to the reasonable risk (article 41 of the Penal code of Russian Federation), as an important issue requiring the attention of specialists working in the field of legal psychology. Presented the psychological characteristics of the concept of «reasonable risk», describes the mechanisms of decision making in situations of risk and classifications of situations of risky behavior by the nature of activity and character that are significant to criminal law. Understand options for risk situations, which can take place of the circumstances excluding criminality of act. Deals the capabilities and competencies of psychological assessment, tasks, questions for expert-psychologist, as well as the opportunities, especially use of the court expert to address the issue of criminal responsibility. The conclusion is made about necessity of further development of the methodological basis of the application of forensic psychological examination of the reasonableness of risk.

General Information

Keywords: reasonable risk, criminal responsibility, risk-taking behavior, competence and psychological examination.

Journal rubric: Methodological Problems of Legal Psychology

OpenAlex citations: 1

OpenAlex trends: Psychology of Development and Education, Deception detection and forensic psychology

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Number of citations: 1

Topics

Psychology of Development and Education

This cluster of papers explores various aspects of psychology in education, focusing on topics such as the Zone of Proximal Development, inclusive education, cultural-historical theory, educational environment, psychological well-being, teacher training, learning motivation, adolescent development, social cognition, and digital learning. The papers delve into the intersection of psychology and education to understand the developmental processes and challenges in educational settings.

Number of works: 77902  |  Total number of citations: 232078

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Deception detection and forensic psychology

This cluster of papers focuses on the detection of deception in communication and interrogation, exploring various cues, cognitive processes, neural correlates, and psychophysiological measures associated with lying. It also delves into the dynamics of police interviews, the impact of confessions, and the role of nonverbal behavior in detecting deception.

Number of works: 36530  |  Total number of citations: 389494

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Work details in OpenAlex

Article type: scientific article

DOI: https://doi.org/10.17759/psylaw.2017070119

Published

For citation: Sitkovskaya, O. (2017). Reasonable risk as a problem of legal psychology. Psychology and Law, 7(1), 240–249. (In Russ.). https://doi.org/10.17759/psylaw.2017070119

© Sitkovskaya O., 2017

License: CC BY-NC 4.0

References

  1. Il'in E.P. Psikhologiya riska [The psychology of risk]. Saint Petersburg: 2012. 288 p.
  2. Petrovskii V.A. Neadaptivnyi risk: fenomenologiya i opyt interpretatsii [Maladaptive risk: phenomenology and interpretation experience] // Upravlenie riskom [Risk management], 1997, no. 3, pp. 29-34.
  3. Psikhologiya: slovar' [Psychology. Dictionary] / Pod obshch. red. A.V. Petrovskogo, M.G. Yaroshevskogo. Moscow: Publ. Politizdat, 1990. 344 p.
  4. Ugolovnyi zakon. Opyt teoreticheskogo modelirovaniya [Criminal law. Experience of theoretical modelling] / Pod red. V.N. Kudryavtseva & S.G. Kelinoi. Moscow, 1987. 276 p.

Information About the Authors

Olga Sitkovskaya, associate professor, head of Department of psychological support of prosecutorial activities of the research Institute of the, Academy of the Prosecutor General of the Russian Federation, Moscow, Russian Federation

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