FEATURES OF INTERVIEW OF ELDERLY PEOPLE

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Abstract


Relevance . The article considers current problems of a criminal procedural and forensic nature common for search and cognitive activities when dealong with older people with cognitive impairment. Successful developments in the field of medicine, an overall increase in the standard of living of the population, and the quality of social security have extended life span expectancy and, accordingly, led to the increase of the total number of older people. People from this category are increasingly involved in the orbit of criminal proceedings as witnesses and victims, and often as defendants (suspects). It should be understood and taken into account that, due to various diseases, changes in the mental state, social status of these persons and other reasons, obtaining verbal criminally relevant information from such participants in the criminal proceedings demonstrate certain specifics. However, at the moment, there are no forensic developments aimed at optimizing investigative actions involving older people. Relevant scientific research on this issue has not been conducted either in Russia or abroad. The aim of the work is the need to ensure the full realization of the rights and legitimate interests of participants in criminal proceedings from among the elderly by developing and introducing forensic techniques into law enforcement in criminal investigations, which necessitates the initial definition of the problem and disclosing its essence. The materials for the study are scientific works of specialists in the field of psychology, gerontology, neurophysiology, forensic science, and statistical data, as well as the author’s vast experience in the preliminary investigation of criminal cases as an investigator. The results and conclusions were obtained with the help of general scientific research methods: logical, systemic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, etc. Results: several conclusions have been made to strengthen the necessary to improve the regulatory framework governing participation of older people in criminal proceedings to ensure their legal rights and freedoms. Recommendations on preparation and conduct of investigative actions with participation of such categories of persons have been proposed.


About the authors

Lev V. Bertovsky

Peoples' Friendship University of Russia (RUDN University)

Author for correspondence.
Email: bgl1980@yandex.ru
6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation

Doctor of Legal Science, Full Professor, Professor of the Department of Criminal Law, Criminal Procedure and Criminalistics, Law Institute

References

  1. Arpentieva (Minigalieva), M.R. (2015) Cognitive function and abnormalities in their development in elderly mentally ill people. Advances in Gerontology. 28 (1), 189–195. (in Russian).
  2. Backman, L., Molander, B. (1986) Adult age differences in the ability to cope with situations of high arousal in a precision sport. Psychology and Aging. (1), 133–139.
  3. Becker, J.T., Salthouse T.A. (1998) Independent Effects of Alzheimer's Disease on Neuropsychological Functioning. Neuropsychology. 12 (2), 242–252. doi: 10.1037//0894-4105.12.2.242.
  4. Bertovsky, L.V. (2019) K voprosu o poluchenii verbal'noi informacii ot lic s osobennostyami kognitivnogo razvitiya [On the issue of obtaining verbal information from individuals with cognitive specifics]. Contemporary youth and the challenges of extremism and terrorism in Russia and abroad: a collection of materials of the All-Russian (with international participation) scientific and practical conference. H.P. Pashaev (ed.). Gorno-Altaysk, Library and Publishing Center Gorno-Altai State University Publ., pp. 125–128. (in Russian).
  5. Blekharskaya, E.V. (2017) Elderly age as a stage of the life cycle of a person. Pedagogicheskoe obrazovanie v Rossii. (12), 36–43. (in Russian).
  6. Chalfonte, B.L., Johnson, М.K. (1996) Feature memory and binding in young and older adults. Memory and Cognition. (24), 403–416.
  7. Craik, F.I.M. (1986) A functional account of age difference in memory. In: Klix F., Hagendorf H. (eds.), Human Memory and Cognitive Capabilities: Mechanisms and Performances. New York, Elsevier Science.
  8. Goethe, J.W. (2020) Faust: [tragediya] [tragedy]: [translated from German by N. Kholodkovsky]. Moscow, AST Publ. (in Russian).
  9. Giambra, L.М., Arenberg, D., Zonderman, A.B., Kawas, C. (1995) Adult life span changes in immediate visual memory and verbal intelligence. Psychology and Aging. (10), 123–139.
  10. Gross, G. (2002) Rukovodstvo dlya sudebnyh sledovatelei kak sistema kriminalistiki [A forensic guide as a forensic system]. New edition reprinted from the 1908 edition. Moscow, LeksEST Publ. (in Russian).
  11. Krasnova, O.V., Lidere, A.G. (2002) Social'naya psihologiya stareniya: Ucheb. posobie [Social Psychology of Aging]. Moscow, Publishing Center “Academy” Publ. (in Russian).
  12. Kurbatova, S.M. (2020) Problems of participation of blind and visually impaired persons in criminal proceedings. Business. Education. Law. 2 (51), 236–241. doi: 10.25683/VOLBI. (in Russian).
  13. Kurbatova, S.M. (2019) Ugolovno-processual'naya deesposobnost': yuridicheskie i fakticheskie aspekty proyavleniya kognitivnyh osobennostej lichnosti [Criminal procedural capacity: legal and factual aspects of the manifestation of cognitive personal traits]. Law and legality: theory and practice. Collection of materials of the IX All-Russian scientific-practical conference. Abakan, Izd-vo HGU Publ., pp. 28–29. (in Russian).
  14. Kurbatova, S.M. (2019) Ob ispol'zovanii kognitivnogo podhoda pri proizvodstve doprosa uchastnikov ugolovnogo sudoproizvodstva [On the use of the cognitive approach in the interrogation of participants in criminal proceedings]. Collection of materials of forensic readings. (16), 40–42. (in Russian).
  15. Larry, R. (1987) Squire memory and brain. New York Oxford. Oxford University press.
  16. Medvedev, I.N. (2015) Neuropsychological changes in cognitive functions during the transition from old age to senile. Advances in Gerontology. 28(3), 479–483. (in Russian).
  17. Parkinson, S.R., Inman, V.W., Dannenbaum, S.E. (1985) Adult age differences in short-term forgetting. Acta Psychologica. (60), 83–101.
  18. Park, D.C., Puglisi, J.T. (1985) Older adults' memory for the color of matched pictures and words. Journal of Gerontology. (40), 198–204.
  19. Raz, N. (2000) Aging of the Brain and Its Impact on Cognitive Performance: Integration of Structural and Functional Findings. In: Craik, F.I.M. and Salthouse, T.A., (eds.) The Handbook of Aging and Cognition. Lawrence Erlbaum Associates Publishers Mahwah, pp. 91–153.
  20. Ruzhenskaya, E.V., Smirnova, S.V., Egorova, P.L. (2018) Evaluation of cognitive functions and methods for their correction in elderly patients. Bulletin of the Ivanovo state medical academy. 23(2), 37–40. (in Russian).
  21. Salthous, T. (1996) The Processing-Speed Theory of Adult Age Differences in Cognition Salthous Psychological Review. 103(3), 403–428.
  22. Spinnler, H., Della Sala, Bandera, R., Baddeley, A.D. (1988) Dementia, ageing and the structure of human memory. Cognitive Neuropsychology. (5), 193–211.
  23. Ternovskii, N.A. (1901) Yuridicheskie osnovaniya k suzhdeniyu o sile dokazatel'stv i mysli iz rechei predsedatel'stvuyushchego po ugolovnym delam. Posobie dlya yuristov-praktikov i prisyazhnyh zasedatelej [Legal grounds for a judgment on the strength of evidence and thoughts from speeches by the criminal presiding officer]. Tula, Tipografiya V.N. Sokolova Publ. (in Russian).
  24. Verhaeghen, P., Marcoen, A. Goossens, L. (1993) Facts and fiction about memory aging: A quantitative integration of research findings. Jowrrca of Gerontology: Psychological Sciences. (48), 157–171.
  25. Voronin, A.N., Goryunova, N.B. (2016) Kognitivnyi resurs. Struktura, dinamika, razvitie [Cognitive resource. Structure, dynamics, development]. Moscow, Institute of Psychology of RAS Publ. (in Russian).

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