https://doi.org/10.31261/CHOWANNA.2011.37.04
Both psychology and law include the expertise practice and the number of research initiatives which aim is to explore and describe the psychological constructs, useful for achieving basic social functions of the law. The diagnosis of the motivational processes is the great example of the new challenges and unused opportunities of forensic psychology. The author tries to prove that it is possible (taking into account the actual status of knowledge) to use the notions of contemporary theories of motivation in the process of psychological‑criminal diagnosis. The eclectic view is especially useful in the practice of forensic psychologist as well as using developing theories, for example The Regulation Personality Theory by Reykowski. The attempts to operationalise and conceptualise the construct of motivation in the justice system is particularly useful in specific situations: opinions of person’s accountability, decision of medical‑protection intervention, the state of physiological affect, sexual crimes. It is also proved that there is a link between the motivational processes of the perpetrator and the elements of the crime structure which are pointed in the criminal law science. Moreover, by introducing the „motivation” concept to Penal Code, it became the special forensic conception, which requires the additional operationalisation of its meaning and scale. Moreover the court is obliged to answer the question why the man who disturb the law order does it. These are very important questions about the motivation of separate criminal behavior.
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No. 2 (37) (2011)
Published: 2020-08-12

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