Los conocimientos de la psicología más allá de la prueba pericial
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This paper raises the need for the law and the courts to use scientific knowledge from
psychology. More specifically, it suggests the role of different psychological and social processes in
obtaining, interpreting and evaluating the evidence. To do this, it addresses the problem of the
expert’s testimony and the admissibility of the evidence by providing empirical research that dispute the distinctiveness of legal reasoning. The different consideration or status granted to psychology
compared to other forensic disciplines is verified, as well the use by legal operators of not scientifically validated common-sense beliefs and its adverse effects, as it occurred in some decisions of the
Spanish Supreme Court. In particular, those referring to guiding criteria to assess the credibility
of the victims.
Additionally, different areas in which the law can benefit from the knowledge of legal psychology
are proposed, and a broader approach to the role of the expert is recommended. On the other
hand, knowledge of psychology, especially cognitive psychology, will be applied to explain errors in
forensic tests. The implications for the finding of facts and the quality of decision-making are also
analysed. Finally, it is advocated for more significant interaction between academics/professionals
of psychology and law, as well as the need for empirical studies based on the professionals of the
justice system as participants