The 15th Century philosopher Erasmus claimed that "In
the kingdom of the blind, the one-eyed man is king." His argument
was that if all else around you were ignorant than even a little
knowledge would make you significant in that community. But in
a witty and perceptive short-story the late 19th century novelist
H.G. Wells shows how in a kingdom entirely peopled by blind people
that the one-eyed person is an aberration more likely to be regarded
as mad than appropriate for high office.
This paradox is directly relevant to the broadening
horizons of psychology and law. It is productive to suggest that
the Law is
often a kingdom of people who are blind to many insights that psychologists
have. Psychologists for their part often do not appreciate that
they are only partially sighted and that there are other ways of
exploring reality than theirs. Furthermore, if psychologists are
not aware of these problems and take them into when they interact
with legal processes they will be regarded as less then capable.
Their very insights will be what marks them off from lawyers, probation
officers, detectives and all the other people who have daily commerce
with crime and criminals.
The central problem is that those involved in
dealing with criminals, or other aspects of the legal process,
have to be concerned with
individuals and definitive answers about the person they are dealing
with. Yet despite more than a century of psychological therapies
and other areas of professional practice in which the services
are set up to deal with unique people, psychology as a science
and profession is still fundamentally nomothetic, focussed on trends
and patterns across sub-groups not on descriptions of actual persons.
Those involved in the law see only the trees, like people with
limited vision. Psychologists are aware of a wood, only able to
recognise individual trees from knowledge of where they are in
the wood.
The tension created by these two differing visions
of the problem are for lawyers, police officers, prison governors
and others either
to dismiss psychology because it cannot see what is the focus of
their attention, or to squeeze definitive statements out of psychologists
that are not supported by their science. Psychologists for their
part can have the clarity of their vision reduced by seeking to
respond to these demands when they do no have the capacity to do
so. Their one-eyed viewpoint also often gives them a two dimensional
image of the topics they are considering.
Examples the reciprocal distortions provided
this interplay of the partially sighted and the blind are everywhere
to be seen.
The quest to predict how dangerous a person will be in the future;
proposals of courses of treatment or methods of managing offenders;
the preparation of ‘profiles’ for police investigations;
systems for determining deception; explanations of criminality,
and many other areas of forensic psychology attempt to build general
models that will be relevant for large sub-groups of people and
then to derive decisions about individuals from these models. These
attempts are usually much less successful than most of us would
like to believe.
To increase our success in communicating with
people who see the world in different ways from psychologists,
it is necessary to
find the common ground that both share in their perceptions.
One aspect of this is a much clearer focus and understanding of
individual
differences. A second realised by a growing number of people,
is to see this common ground being in the sharing of narratives.
Actual cases will be drawn upon to illustrate
how psychologists can offer alternative stories to those being
considered by those
involved in the legal process. These stories need to be grounded
in the appropriate research, but that research needs to be
translated from into the Braille that the legal profession can
read.