PSYCHOLOGICAL FEATURES OF THE JUDICIAL PROCESS

Abstract

The article examines some psychological features of the judicial process, namely the question of the role of the judge, prosecutor and defense attorney in the processes of proof, evaluation of evidence, formation of the judge's inner conviction, etc. Depending on who is researching this topic, a lawyer, a judge or a prosecutor, the results, methods and goals of each side of the process will differ, which is why the topic is relevant and debatable. It is noted that many factors play an important role in performing the main and decisive function of the court – deciding the case on its merits, namely: a clear order of consideration of the case, the phasing of the court session, the activity of various participants in the process and the external conditions in which justice is administered. The article draws attention to the fact that in the process of proving and evaluating evidence, each of the parties to the legal process has its own goals. The prosecutor and defense counsel, with the aim of influencing the results of the case, help the court resolve the conflict fairly and taking into account the interests of both parties in the case. Therefore, the competitiveness of the parties in the case is one of the main principles of justice. During court debates, both the defense and the prosecutor make speeches that are the result and culmination of the whole process, and it is during these speeches that they have the opportunity to apply all their rhetorical and psychological skills, draw attention to strong arguments, etc. The importance of judicial debate is emphasized in many studies of the speeches of lawyers and prosecutors to reveal what should be emphasized before a judge or jury decides on a case. Discussion issues regarding the participation of minors in the court process and the need for their presence in the courtroom are also investigated, taking into account the possible psychological impact of the court process. The article also conducts a study of the evaluative concept of "internal belief", which only increases the probability of making an error during the evaluation in the process of proof.