Ethics and Professional Issues

Roles & responsibilities of the forensic psychologist◦ Consultant◦ Expert witness ◦ Evaluator ◦ Treatment provider ◦ Researcher ◦ Academic ◦ Correctional

Psychologist

Professional issues◦ Licensure &

certification◦ Resolving ethical

issues Ethical & legal issues

◦ The APA Ethics Code◦ The Specialty

Guidelines for Forensic Psychology

◦ Ethical issues in the various roles of the forensic psychologist

Term forensic psychologist includes varied roles

No one particular path for becoming a forensic psychologist

May be employed in a wide variety of settings Roles include, but not limited to:

◦ trial consultant, expert witness, evaluator, treatment provider, researcher, academic, and correctional psychologist

Common to take on multiple roles

Works with legal professionals, mainly attorneys to assist in case preparation:◦ Jury selection

◦ Development of case strategy

◦ Witness preparation Rely on research training to develop/execute

research to assist attorneys ◦ Community surveys, focus groups, jury simulations,

shadow juries, mock trials, etc. May be involved in both civil and criminal cases Typically hold advanced degrees

Testifies in court about specialized knowledge Clinical forensic psychologists typically testify

as experts after evaluating defendant’s mental state

May also serve as general expert witnesses and testify about broader psychological principles

May participate in both criminal and civil proceedings

Usually trained in general psychology or subspeciality such as clinical psychology

Evaluation of criminal defendants/parties to civil litigation with respect to mental health issues related to the legal issue at hand

◦ Criminal: competency to stand trial, mental state at time of the offense, risk for future dangerousness

◦ Civil: psychological state after injury or accident, families involved in custody and access disputes

May also refer to the evaluation of service delivery or treatment programs

Typically trained in clinical psychology and licensed, with forensic specialization

Provides psychological treatment to individuals requiring/desiring services

May work in forensic hospitals, state psychiatric hospital, private practice, etc.

Criminal: restoration of competency, treatment for mental illness, treatment to minimize likelihood of future violence

Civil: families going through divorce, treatment for psychological injury or trauma

May overlap with evaluator role, some ethical concerns

Design and implement research on issues relevant to forensic psychology and psychology and the law

May conduct research on mental health law and policy or program evaluation

May be employed in universities/colleges, research institutes, government or private agencies, psychiatric hospitals or other mental health agencies

Involved in teaching, research, and a host of education-related activities such as training and supervision of students

Trained either generally in psychology or in one of the specialties (e.g., clinical psychology)

Usually have an advanced degree in psychology, typically a Ph.D.

Often take on more than this role alone Typically employed by institutions of higher

learning (e.g., colleges or universities)

Works in correctional settings with inmates and offenders

Engage in direct service delivery – both evaluation and treatment – of individuals incarcerated or out on probation/parole

In addition to roles of evaluator or treatment provider, may also take on role of researcher or expert witness

Licensure as a psychologist is necessary whenever engaging in the practice of psychology with individuals or groups◦ Required for roles of evaluator treatment

provider, or expert witness (unless very general)

Some provinces requires doctoral-level degree, but others allow licence with a master’s degree

May practice psychology in a correctional setting without a license

Psychology is a self-regulating profession Each province has a regulatory board that

administers the relevant Act or statutes Regulatory boards responsible for

◦ Protecting the public◦ Requirements for becoming licensed ◦ Developing/enforcing codes of ethical &

professional conduct◦ Educating/informing public about regulation◦ Developing/enforcing complaint disciplinary

procedures

Complaints against professional behavior of psychologist may be handled by

1. Bring to attention of offending psychologist◦ Informal route is efficient where appropriate

2. Register complaint with licensing board

3. Bring complaint to attention of CPA◦ Provincial licensing boards have formal mechanisms

to resolve complaints

◦ Can be stressful and time consuming, but generally a fair means of adjudicating complaints

Core Ethical Principles for Profession of Psychology1. Doing no

harm/ nonmaleficence

Psychologists strive to benefit those with whom they work, while ensuring potential for damage is eliminated/minimized to greatest extent possible

2. Respecting autonomy

Rights of individuals to decide how to live (without interfering with others’ welfare) accepted as ultimate goal for clients, students, research participants, & others

3. Benefiting others

Decisions should have potential for positive effect on others (balanced against other principles)

Koocher & Keith-Spiegel (1998)

Core Ethical Principles for Profession of Psychology

4. Being just Actions should be fair and equitable. Others should be treated as psychologists would want to be treated under similar circumstances

5. Being faithful

Issues of fidelity, loyalty, trustfulness, promise keeping, and respect for those with whom psychologists work converge to form delicate standards necessary in fiduciary relationships. When psychologists are straightforward, sincere, candid, and without intent to mislead or deceive anyone, ethical action is more likely.

6. According dignity

Psychologists view others as worthy of respect. Enhances the probability decisions will be ethical.

Koocher & Keith-Spiegel (1998)

Evaluator Role When taking on multiple roles with patient/client

as evaluator/treatment provider, must consider◦ Informed consent, confidentiality, whether

practicing within bounds of competence

◦ In forensic context must grapple with issue of who is the client (person evaluated, lawyer, court?)

◦ Often no confidentiality for service recipient

◦ Assumption evaluator/treatment provider will be objective & neutral

Researcher Being objective & neutral a prominent issue Must adhere to ethical guidelines regarding

design and implementation of research◦ Honest reporting of data, obtaining informed

consent, honesty about risk of harm, ensuring voluntariness/lack of coercion, ability to withdraw without consequence

In treatment research, must consider right to treatment

Academic Multiple roles with students & respecting power

differentials; ensuring proper credit is given in academic work & publication (+ researcher considerations)

Expert Witness Maintain objectivity & provide info to assist court in

making legal decision Contingency based payment unethical

Trial Consultant Practice within bound of competence; guard against

guaranteeing outcomes; conduct ethical research & honestly report results; avoid tainting witnesses

Correctional System Confidentiality, informed consent, competence, and

who is the client (evaluee or institution?) Often put in awkward position of performing multiple

roles on a daily basis◦ e.g., treatment provider and disciplinarian (training and

expectations in arming during institutional upheaval)

Confidentiality vs. privilege Confidentiality: ethical principle prohibiting

psychologists from divulging info about clients to third parties except under circumstances agreed to by both parties

Privilege: legal protection belonging to client that ensures protection of communications from disclosure in legal proceedings

Some U.S. states recognize psychotherapist-patient privilege

Canada does not recognize a psychotherapist-patient privilege

Confidentiality and privilege Confidentiality: Psychologists ethically bound

to keep information about clients confidential However, legally bound to report certain types

of information and break confidentiality◦ e.g., known or suspected child abuse or elder

abuse

Guard against difficulties by communicating limits of confidentiality prior to engagement of services

Confidentiality and privilege In case of forensic psychologist, purpose is to assist

court in making decision about legal issue, thus, unable to maintain confidentiality of info obtained about the client

Important the client understands this lack of confidentiality

Forensic psychologists must still respect defendant’s right to privacy and act ethically and only divulge info to relevant parties – usually judge, defense, prosecution