Ethical Issues for Forensic Psychologists - Research Paper Example

? Ethical Issues for Forensic Psychologists Ethical Issues for Forensic Psychologists Ethical standards are meant to give in detail the level of competence and professionalism that is required in a given field. The guidelines for forensic psychology are put in place to ensure highest standards of conduct for professional forensic practitioners. The consistency of these guidelines is very important as well as being educative and specific for forensic practitioners to fully understand the code of conduct expected from them. These standards are described in the Ethical Principles of Psychologists and Code of Conduct (EPPCC). In 1991, the American Psychology-Law Society and the American Board of Forensic Psychology approved a version of the Specialty Guidelines for Forensic Psychologists (Weiner 2012, 113). Due to the continuous developments in the field of forensic psychology, need for ongoing guidance of forensic practitioners and policy obligation of American Psychological Association, the forensic guidelines was revised. The guidelines were revised according to American Psychological Association Rule 30.08. The committee then invited views between December 2002 and mid 2007. The Revision Committee eventually developed a draft of revised guidelines presented to the Executive Committee of the American Psychology-Law society and Division 41 of American Law Society. These two bodies approved the draft and submitted to American Psychological Association. The goals of the Specialty Guidelines for Forensic Psychology are to improve the value of forensic psychological services, promote practice and aid systematic growth of forensic psychology, increase the standards of professional practice and to ensure that forensic practitioners recognize and respect their client rights. Forensic psychology in this guideline refers to practice of professionalism by any psychologists when applying technical, scientific or specialized knowledge to law (Freedheim 2003, 84). These guidelines are clued-up by the American psychological Association’s Ethical Principles of Psychologists and Code of Conduct also referred to as the EPPCC;APA, 2002. These guidelines are comprehensive and generally apply to all fields of forensics. The Specialty Guidelines for Forensic Psychology enhance quality of professionalism and protection of rights of those served by forensic psychologists. Maintenance of information relating to clients is an ethical obligation to forensic practitioners. This information can only be disclosed upon consent of the client or permitted and/or required by law according to EPPCC Section 4.01. It is important for forensic practitioners to comply with sound served and noticed court orders to release information. Forensic psychologists can, when in doubt, seek advice from their attorney, inform the court of their uncertainty or seek assistance from retaining party (Huss 2009, 201). The records of forensic practitioners can only be accessed by forensic practitioners through the consent of retaining party. Any other access is governed by court order or subpoena. Forensic practitioners can charge a fee for their services which include reproduction review, storage and provision of records. To get collateral and third party information, forensic practitioners, ask for records or information with the consent of relevant authority or as a result of court order. If forensic practitioners have to use case materials for purposes of research, training or education, then they should present information in balanced, respectful and fair manner. Identifiable information of all persons should be should be disguised as much as possible. Forensic practitioners can use information available for public or seek consent from relevant parties, participants, clients and organizations to use materials for these purposes. Section 8.03.02 of Specialty Guidelines for Forensic Scientists provides guidelines to deal with a client who defies court order to be examined. With court order, a medical practitioner can conduct an examination without consent of examinee over the objection. Upon denial of examinee to proceed after being informed of purpose and nature of forensic examination, the forensic practitioner may advise the examinee to conduct his attorney, inform the retaining party of examinee’s lack of willingness or postpone examination. Forensic practitioner has the responsibility to inform the examinee of the nature and purpose of treatment. In case the objective of treatment is set by a legal authority rather than examinee, forensic practitioner has to inform the examinee of any limitations to privilege and confidentiality. Confidentiality is very important to keep personal information about individuals or the sensitivity of forensic examination. Collateral sources of information may be disclosed by forensic practitioners and these include intended use of examination, the nature and purpose, confidentiality and privileges and if their involvement is voluntary (O'Donohue & Levensky 2004, 143). A counselor in criminal justice must be competent and has adequate understanding of guidelines and the laws. Forensic practitioners should not take a professional task if personal issues can significantly affect the effectiveness, objectivity or competence of the examination. Counter-transference occurs when a forensic practitioner transfers emotions to a client. Sigmund Freud describes it as unconscious phenomenon in which the client affects psychologist’s emotions. Psychologists must be able to distinguish between helpful and unhelpful counter-transference. Forensic practitioners can share their experiences with the client. Unhelpful counter-transference occur psychologist share misplaced feelings with the client or he uses client to attain his psychological needs. Personal beliefs, opinions, values, biases or attitudes of forensic practitioners can negatively impact on their ability to practice with competence and impartiality (Needs & Towl 2004, 84). The forensic practitioners can take precautions to overcome counter-transference such as turning down participation in matter at all or minimize their participation in a manner that is in line with professional requirement. Confidentiality deals mainly with keeping the forensic information safe from unauthorized or legal entities. This is achieved by controlling release and access of information, and acquiring collateral and third party information according to law and guidelines. The use of case materials for teaching is also done with confidentiality of personal information. Counter-transference, on the other hand, is emotional feeling and the forensic practitioner can limit its effects. Counter-transference is a feeling, belief or attitude and perhaps more difficult to deal with compared to confidentiality. While counter-transference is solely under forensic practitioner, confidentiality is a shared responsibility among forensic practitioner, retaining party and the court (Huss 2009, 107). The treatment of substance abuse may affect the mental capacity of examinee and hence can lead to lack of cooperation during treatment and examination. The court may issue an order to forensic scientist to perform an examination on a drug addict but the guidelines restrain the examiner from moving forward if the examinee refuses to be examined. The Specialty Guidelines for Forensic Psychology adequately outlines code of conduct strived at achieving high level of professionalism. Revision was necessary due to advancements in the field and the requirement for a broader and comprehensive document to address various professional forensic practices that have emerged and grown since the inception of original guidelines (Freedheim 2003, 165). Committee for the Revision of Specialty Guidelines for Forensic Psychology coordinates the revision of these guidelines. These guides are mainly meant for forensic psychology but may also be employed in other fields such as legal system and other institutions and professionals. References Weiner, I. B. (2012). Handbook of psychology: 11. Hoboken, NJ: Wiley. O'Donohue, W. T., & Levensky, E. R. (2004). Handbook of forensic psychology: Resource for mental health and legal professionals. Amsterdam: Academic Press. Huss, M. T. (2009). Forensic psychology: Research, practice, and applications. Malden, MA: Blackwell Pub. Needs, A., & Towl, G. J. (2004). Applying psychology to forensic practice. Malden, MA: BPS Blackwell. Freedheim, D. K. (2003). Handbook of psychology: History of psychology. New York: Wiley. Read More