Forensic Psychology in Judicial System of Pakistan

(Muhammad Zaman Joiya, Islamabad)

Validity and value of any system on the efficiency of that system. Judicial system plays rule as a back boon for the maintenance of any society. People of the society have great hope with this system for seeking of justice in their decisions. Society can survive with cruelty but could not with injustice. Judicial system has great rule for law enforcement in the society. Justice and legal proceeding depend upon many things including law, evidence, offensives, defensive and inquiries, etc. Manipulation in any of these things can mislead the court for decision.

Pakistan is a developing country, and it has many internal as well as external issues in all institutions of the country. Judicial system of Pakistan is enough weak to provide justice to the people. It has many weaknesses in all steps of the court proceedings. Therefore, unfortunately there are many examples of such decisions by the court after which court apologized., E.g. Man set free by the court after 2 years of his death in prison, women’s set free by the court after 17 years of her prison life, etc.

There are many facts behind all these issues in judicial system. These are from FIR to Court proceedings. Weakness in investigation and witness are also facts of weakness in judicial system. World is moving to the advance techniques of investigations and judicial System to provide requirements according to the time. It ensures accuracy of justice. Forensic science is a one of these advance knowledges which are used to assess the evidence belongs to incidents place like rape, murder, etc. forensic Science deals with physical and biological evidence for the court to understands the reality behind the incidents.

Forensic Psychology is emerging field of the century in Law and Judicial system. World is using this field in their institutions, specially in Criminal and Judicial systems of their country. USA has developed an organization specially for this purpose which is called an American Psychology-Law Society. Forensic Psychology deals with the study of Criminal Mentality, Law Enforcement, Assessment of Witness and Evaluate defendant scientifically.

Forensic Psychology can be used to ensure that a punished criminal could not attempt the crime again. According to psychology a man create memory not recall so, eyewitness can be manipulated easily. A forensic psychologist can assess the reality behind the statement of the eyewitness. Similarly, mentality of the defendant can be assessed either, it is able to face the court proceedings. Forensic Psychology ensure the Law to be apply on a mentally disable person. Forensic psychology provides standards for the mentality according to the crime.

Forensic Psychologist provides a batter opinion to the judiciary and jury which could be helpful indecision-making. Many western countries are using it as a supporting field in many of their institution. From judicial system to intelligence agencies. FBI of the USA has a separate department special for behavioral science to investigate the incidents according to Forensic Psychology. Similarly, many other countries are also using this science in their courts. Forensic Psychology play important roles in rape cases, in murder case as well as in family law like children custody in case of divorce. It plays rule in both criminal as well civil courts for proper decisions. In civil cases, sometimes forensic psychologist also evaluate profile in workers, ' promotions cases, as well as parents and children in case of divorce and custody cases. (Jonathan Gould, Ph.D.). He conducts child custody checks as a court-appointed inspector, and consults with attorneys as they prepare for the trial, assisting them in writing specific questions and queries, and educating their clients on the latest research on child rearing and parenting programs, including relocation. (Amy Novotney, 2017)

In prisons Forensic Psychology should be used for the treatment of many mental issues like depression, anxiety and bipolar disorder. Psychologist can use the psych techniques to improve the people. Psychologist use reinforcement methodologies for the betterment of the prisoners, so that, after coming out of the prison they could be normal citizens of the society. Forensic Psychology also provides support for legislation to protect the rights of mentally disable persons.

Pakistan passed an ordinance in 2001 named Mental Health Ordinance, 2001. It consists of 10 chapters and 61 sections. Mostly it forces only on the rights of mentally disable persons. It does not deal with the other issues related to the Psychology in the judicial system. Mental health legislation shows an important way of protecting the rights of the persons with mental disabilities by protecting human rights violations and discrimination, and by legally reinforcing the goals of a mental health and justice policy. The last decade has seen significant changes in the laws relating to psychology practice all over the world, especially with the implementation of the Convention for the Rights of People with Disabilities (CRPD). This government should review the existing legislation in Pakistan concerning the following areas of mental health standards: treatment and legal protection of persons with mental disabilities, criminal laws in relation to offenders or eyewitness with mental disorders, and laws regulating deficiency. Speakers should discuss these texts in comparison to international recommendations and standards on the rights of persons with disabilities, showing the recurrent contradiction between them in the parliament. Throughout the country, it should address the importance of Psychology in practice in the absence of a clear legislation that can orient their decisions and protect their patients from abuse.

Now it is necessary there should be legislation related to the Forensic Psychology with judicial system of Pakistan so that, process to provide easy and accurate justice to the public could be ensured. Justice is grunted of peace and progress in the country. We must modify our Judicial system according to the time, and we must use science in our judicial system for the betterment in justice and court proceeding. Fight with that weapons which are used by enemies. We must use advance science in our Law enforcing institutions and Investigations. Government should promote importance of Forensic Psychology.

Muhammad Zaman Joiya
About the Author: Muhammad Zaman Joiya Read More Articles by Muhammad Zaman Joiya: 2 Articles with 4646 views Muhammad Zaman Joiya is a notable writer for article writings series who has authored several pieces on diverse topics such as psychology, philosophy,.. View More