The Art Criminal Unmasked: Art and the Law of Criminal Profiling  

By Madeleine Conlin

From the editors: Who would do such a thing?! Stage a dated scene to create provenance for a forged painting? Donate forgeries to museums under a false name? Consign and sell art without true or correct ownership history? Art and cultural property theft as well as production of fakes and forgeries may be time consuming, but they often take less time and require less resources than than policing the art market and culling fakes and stolen property. The author of this article looks to psychology as a potential tool to explain human behaviors resulting in art crimes.

Introduction

Since the end of the twentieth century, psychology has been incorporated into many parts of the criminal and civil justice systems in the United States. But few have explored the ways in which psychological research could be applied to cases in art law. At the root of any human profession are human minds. Psychology can offer insight to the many different parts of art law, whether it be from the perspective of the artists, the offenders, or the investigators and litigators. While the role of psychology has not yet officially entered the field of art law, it could prove to be a valuable tool in understanding different aspects of art-related offenses (e.g. making, donating and selling forgeries). Some have begun to recognize its merits in criminal profiling, in understanding the validity of witness testimonies, in who should be punished -- and how severely -- and more. Psychological research might be useful to art law as well.