Problems of Forensic Sciences 2010 Vol. 83 (LXXXIII) 255-268
DIAGNOSIS OF THE MOTIVATIONAL PROCESSES OF OFFENDERS IN THE ADMINISTRATION OF JUSTICE
Paweł MARCINKIEWICZ
Institute of Psychology, Jagiellonian University, Kraków, Poland
Streszczenie
The subject of this paper is the concept of offender motivation in the practice of penal law. The definition of such motivation is presented regarding average criminal activities as well as specific forms of offence, including unintentional crimes and omissions. The general features of the motivational process are described: direction, intensity, level of regulation and self-control. They are all analysed in relation to five factors of crime (according to a modern Polish classification of crime elements) – deed, unlawfulness, penalisation, “social danger ousness” and guilt. Special emphasis is placed on the notion of intent in criminal law and different types of this factor are presented. Next, frequently conducted researches in forensic psychology and specific features of diagnosis of offender motivation are discussed. The difference between professional (scientific) and amateur motivational analysis in routine investigations of offender intent as carried out by criminal law yers is stressed, which leads to the conclusion that motivation is one of the most important issues in criminal proceedings.
Słowa kluczowe
Motivation; Criminal act; Intent; Diagnosis.