Recidivism

EVALUATING THE CONSTITUTIONAL INTERSECTION OF PSYCHOLOGICAL PROFILING AND THE EMERGING NEED FOR NEURO-RIGHTS IN INDIA Palak P Kumar, B.A LL. B (H), 8th Semester, Student at Amity University Haryana (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.178 Cerebral Perceptivity is a crucial asset in the criminal justice system, easing crime prevention, improving investigative processes, guiding informed legal decisions, and ensuring effective rehabilitation of offenders. These roles are linked to litigation, as psychological assessments and expert opinions stemming from this perceptivity are often presented as evidence in court, affecting both prosecution and defence tactics. However, the use of psychological principles in this context faces various challenges that vary by country. For example, in Japan, the strong emphasis on obtaining confessions has sometimes led to the alarming issue of false admissions—problems that become pivotal in cases involving coerced confessions and wrongful convictions. Additionally, the absence of stringent regulations surrounding identification procedures can result in wrongful identifications, often contested in court where the credibility of eyewitness accounts is scrutinized. The needs of vulnerable individuals are often overlooked due to inadequate protective measures, raising serious concerns in litigation involving minors or mentally ill defendants. Lay judges often struggle to deliver fair and correct verdicts, a challenge that is especially pertinent in jury trials where psychological evaluations of defendants or witnesses can influence the final decision. Forensic Psychology encompasses the application of cerebral services within the legal framework and is becoming increasingly significant in shaping litigation strategies and evidentiary standards. This field, which merges law, forensic science, and psychology, is vital to the functioning of the legal system. Utilizing psychological principles in criminal investigations, forensic psychology enhances our comprehension of the interplay between human behaviour and legal standards insights often presented in court to bolster claims, defences, or sentencing arguments. By examining pertinent case studies and offering methodological critiques, the paper promotes the improvement of techniques vital for reaching justice and reducing recidivism. The analysis also focuses on the admissibility of psychological tests as evidence under the Bharatiya Sakshya Adhiniyam, 2023, critically evaluating the reliability of such evidence in revealing the truth a matter increasingly debated in Indian litigation concerning expert evidence and constitutional fairness.