LEGAL AND PSYCHOLOGICAL CONSTRUCT OF «STATE OF STRONG MENTAL EXCITEMENT» AND ITS DISTINCTION FROM PREMEDIATED MURDER

Abstract

The article examines the meaning of the concept of psychological construct of «state of strong mental excitement» and attempts to distinguish it from premeditated murder. According to the author, the core of «state of strong mental excitement» is a neuropsychological excitement of the perpetrator, which occurs suddenly in an acute conflict situation and expresses itself in a temporary disorganization of consciousness (its narrowing, reduction) and extreme activation of impulsive reactions to the actions of the victim, which can be considered as a psychological precondition for the legal qualification of the state of «strong mental excitement». It allows the court to conduct a legal analysis of the qualification of the accused’s actions based on the results of thorough psychological and psychiatric expertise. In turn, the absence of physiological affect, which can be stated in the conclusion of a comprehensive forensic psychological and psychiatric expertise, does not indicate the absence of other signs of a state of strong mental excitement, which, for example, may include stress, frustration, conflict and other types of related states (emotional reactions to an external stimulus, such as the actions of the victim) that can cause strong mental excitement. In addition to affect, there are several other states that can significantly affect one’s ability to control their own behavior, (anger (rage), fear, horror (terror), disappointment, sadness, regret, stress, frustration, deep resentment, disgust, envy, grief (suffering), anxiety, depression, etc.), which can also be conditionally classified as «states of strong mental excitement». It turns out that the concept of «a state of suddenly arising strong mental excitement» and such features of the category of «strong mental excitement» as «affect», «conflict», «stress» and «frustration» are correlated with each other as general and specific. Hence, the perpetrator may experience strong mental excitement fueled by negative emotions as a consequence of the victim’s unlawful (immoral) behavior, either suddenly or under the influence of prolonged traumatic situation. The most profound and meaningful analysis of one’s emotional state requires the involvement of a specialist with both legal and psychological knowledge, who can firstly obtain the necessary information and then provide a proper assessment. Such a specialist may be a legal psychologist, i.e. a forensic expert combining higher legal and psychological education.