Criminological profiling of non-culpability: a proposal without criminal determinism

Abstract

Criminological profiling is an expert investigative tool grounded primarily in forensic psychology and criminology, without excluding other disciplines. Its purpose is to analyse the motivations underlying criminal behaviour and its modus operandi, based on the study and identification of clinical and criminological behavioural patterns that may or may not be related to the commission of an unlawful act. In this context, profiling clinically evaluates and investigates, from a criminological perspective, the possible correspondence of an individual—male or female—with a particular type of crime, following the hegemonic deductive approach proposed by Robert Kenneth Ressler. This approach focuses on developing profiles of absent subjects based on inclusion variables, such as modus operandi, which are almost always provided by the accusing party. However, our proposal diverges from this traditional method by adopting an inductive approach, especially useful for those who provide legal counsel or protection, as it emphasises criteria for exclusion of criminal types. Consequently, it promotes a critical perspective on the application of rigorous, robust, and sufficient scientific methodologies, grounded in data or empirical evidence rather than subjective assessments by the profiler.