Cosa fa lo psicologo giuridico e forense

Lo Psicologo giuridico e forense
Classificazione EUROPSY
La Psicologia giuridica assume come ambito di studio e di intervento individui e gruppi nel contesto della giustizia proponendosi anche di connettere scienze psicologiche, scienze umane e diritto. Si occupa, infatti dei processi cognitivi, emotivi e comportamentali aventi rilevanza per l’amministrazione della giustizia, con riferimento alle persone intese sia come autrici di reato sia partecipanti al processo giudiziario in qualità di imputati, testimoni, parti lese, avvocati e giudici; si occupa, inoltre, dei problemi psicologici connessi con la costruzione, l’applicazione e l’adesione individuale e collettiva a norme e regole del comportamento e della convivenza umana, con una interlocuzione diretta con le discipline
giuridiche. Sulla base di teorie, metodi e strumenti psicologici analizza l’interazione tra persona e sistema della giustizia amministrativa, civile, penale, minorile ed ecclesiastica, focalizzandosi sullo studio scientifico di costrutti e processi psicologici di rilievo giuridico, secondo i paradigmi della psicologia cognitiva, sociale, evolutiva, dinamica e della personalità (ad esempio, la presa di decisione, la testimonianza e il suo grado di accuratezza, il grado di affidabilità del processamento delle informazioni, l’influenza di vari fattori personali e situazionali sulla memoria, le false credenze e memorie, le confessioni, il ragionamento giudiziario, l’effetto della testimonianza di esperti e periti, ecc.).

Le applicazioni delle conoscenze e dei metodi di psicologia clinica al contesto giudiziario costituiscono un ausilio sia per l’emissione di sentenze sia per tutelare interessi di parte. Ci si riferisce, ad esempio, all’assessment e alla diagnosi psicologica, alla valutazione della pericolosità, dell’imputabilità e responsabilità penale di adulti e minori, alla valutazione e quantificazione del danno psichico ed esistenziale, al criminal profiling, alla valutazione di minori e del contesto familiare in casi di pregiudizio, all’assessment di minori autori di reato, alla valutazione dei minori e delle capacità genitoriali in casi di affidamento per separazione o divorzio, alla mediazione e risoluzione dei conflitti, alla valutazione per lo sviluppo di percorsi di riabilitazione e reinserimento sociale e lavorativo di autori di reato, ecc.

Vengono affrontate, inoltre, le problematiche psicologiche connesse con la pratica giudiziaria (stili di risposta, processi di ragionamento e dinamiche relazionali delle diverse figure che partecipano al processo, attendibilità delle deposizioni, effetti psicosociali della reclusione, ecc.) nonché gli impatti sociali del sistema legale (epidemiologia e prevenzione dei reati, atteggiamenti verso la giustizia, sicurezza urbana, competenze degli operatori della giustizia, ecc.).

I numerosi oggetti di studio e le diverse metodologie adottate, definiscono dei sottoinsiemi di attività che ricevono anche denominazioni differenti, come ad esempio: la psicologia criminale (studia e interviene sulla persona deviante e autrice di reati); la psicologia forense (si occupa delle problematiche psicologiche della persona che partecipa al processo come imputato, parte lesa, denunziante, testimone, accusatore, difensore e giudice); la psicologia penitenziaria (studia e interviene sulla persona in quanto condannata; cfr. apposita scheda); la psicologia legale, che attiene ai costrutti psicologici necessari per la comprensione, l’applicazione e gli effetti psicologici delle norme.

La psicologia giuridica ha definito il proprio modus operandi professionale non solo nel rispetto del Codice deontologico degli psicologi, ma esplicitando specifiche linee guida condivise dagli psicologi del settore (Carta di Noto, 1996, aggiornamenti 2002 e 2011; Linee guida deontologiche per Psicologo Forense dell’Associazione Italiana Psicologia Giuridica, Torino, 1999).

Nel loro lavoro quotidiano, per il quale sono necessarie anche conoscenze approfondite delle leggi e delle procedute vigenti nel contesto legale e giudiziario, gli psicologi giuridici interagiscono con molte figure professionali come, ad esempio, magistrati, avvocati, psichiatri, neuropsichiatri infantili, criminologi, educatori, assistenti sociali e responsabili di Servizi, forze dell’ordine, ecc..

 

TIPOLOGIE DI FUNZIONI E ATTIVITÀ PROFESSIONALI CARATTERISTICHE
a) Svolgimento, in qualità di Perito, in ambito penale, di perizie su nomina del giudice.
b) Svolgimento, in ambito civile, di consulenze tecnico-giudiziarie in qualità di CTU (Consulente Tecnico d’Ufficio), Consulente Tecnico del Pubblico Ministero (CTPM) e di parte (CTP), su nomina degli avvocati di parte.
c) Svolgimento di consulenze e redazione di perizie per il tribunale ecclesiastico in processi canonici di nullità o di dispensa del matrimonio.
d) Attuazione di colloqui psicologici, somministrazione di batterie integrate di test e osservazioni strutturate, visite domiciliari, visite collegiali per svolgimento delle attività peritali.
e) Consulenza psicologica per il dibattimento e presso i tribunali per minorenni e i tribunali di sorveglianza.
f) Assessment e diagnosi della personalità dell’imputato per la valutazione della capacità di intendere e volere, della pericolosità sociale e delle misure di sicurezza.
g) Selezione o costruzione, adattamento e standardizzazione, somministrazione e interpretazione di strumenti di indagine psicologica funzionali alla sintesi psicodiagnostica (test, inventari e questionari su abilità cognitive, interessi, motivazioni, personalità, atteggiamenti, interazioni di gruppo e sociali, sindromi patologiche, idoneità psicologica a specifici compiti e condizioni, ecc.).
h) Assessment e consulenza per persone ad alto rischio di aggressività sociale, nelle comunità, nei contesti di correzione e nei contesti lavorativi (ad esempio, per mobbing).
i) Valutazione dell’idoneità e dell’attendibilità della testimonianza (anche minorile).
l) Assistenza all’ascolto e interrogatori protetti del minore e valutazione peritale in ipotesi di abuso sessuale o maltrattamento di minore.
m) Valutazione della maturità, imputabilità e grado di responsabilità di minori autori di reato.
n) Valutazione della capacità genitoriale e dell’idoneità per adozioni e affidamenti, mediazione familiare.
o) Consulenza psicologica e vigilanza in caso di affidamento pre-adottivo, affidamento a istituzioni, affidamento familiare.
p) Valutazione dello stato psicologico della persona ad esempio nei casi di interdizione e inabilitazione, di proposta di amministrazione di sostegno, di richiesta di cambio di genere sessuale, ecc.
q) Valutazioni psicodiagnostiche per finalità pensionistiche, per l’idoneità al porto d’armi e valutazioni in merito al danno psichico e al danno esistenziale e morale.

r) Realizzazione di studi e ricerche psico-sociali su fenomeno di devianza, del bullismo, comportamenti violenti del gruppo dei pari (branco), percezione sociale della sicurezza urbana, ecc.
s) Realizzazione di studi e ricerche empiriche e sperimentali sui processi cognitivi di rilievo giuridico (ad esempio, la testimonianza e il suo grado di accuratezza, processi mnestici e ricostruttivi, falsi ricordi, suggestionabilità, il ragionamento giudiziario, ecc.).
t) Formazione su temi della psicologia giuridica e supervisione per operatori socio sanitari, operatori del sistema giudiziario, ecc.
u) Attività di sperimentazione, ricerca e didattica nell’ambito delle specifiche competenze caratterizzanti il settore e ai sensi della L.56/1989.

 

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