Ethical Concerns of Nonclinical Forensic Witnesses and Consultants

Current research suggests that nonclinical forensic psychologists[sup1] are appearing increasingly more often in the legal arena. We argue that many of the ethical dilemmas that face these psychologists differ from those encountered by clinical forensic psychologists. To test the accuracy of this assertion, 37 nonclinical forensic psychologists were surveyed to identify some of the ethical issues and dilemmas they have encountered while engaging in expert testimony or pretrial consulting. Respondents were asked also about how they have resolved these ethical issues and whether they were aware of the "Specialty Guidelines for Forensic Psychologists" (Committee on Ethical Guidelines for Forensic Psychologists, 1991). Results of the survey are discussed in terms of the need for additional regulatory guidelines or professional standards that speak directly to the ethical issues confronting nonclinical, forensic expert witnesses and consultants.     

Ethical issues in personality assessment in forensic psychology.

In this article we address several ethical issues of concern for psychologists who are engaged in personality assessment in forensic settings such as for courts or attorneys. The ethical issues reviewed include the role of the psychologist as an expert witness, matters of competence, informed consent, confidentiality, multiple relationships, and special issues related to billing. Emphasis is placed on how psychologists can provide useful information to the courts in a manner consistent with the American Psychological Association's Ethical Principles of Psychologists and Code of Conduct, the Committee on Ethical Guidelines for Forensic Psychologist's Specialty Guidelines for Forensic Psychologists, and the APA's Guidelines for Child Custody Evaluations in Divorce Proceedings. The practical recommendations made in this article are consistent with the APA's Ethical Principles of Psychologists and Code of Conduct.     

When psychologists work with religious clients: applications of the general principles of ethical conduct

Psychologists become more effective and relevant when they appreciate that many clients hold religious values and commitments. Greater awareness of religion and religious values in the lives of clients may aid clinicians' efforts to provide more accurate assessments and effective treatment plans. The authors use the American Psychological Association's (1992) "Ethical Principles of Psychologists and Code of Conduct" as a framework to examine many of the ethical issues relevant when psychologists work with religious clients. This article also provides suggestions for ways in which clinicians may obtain the skills needed to offer competent assessments and interventions with religiously committed clients.     

Seven issues in Conducting Forensic Assessments: Ethical Responsibilities in Light of New Standards and New Tests

The publication of a new ethics code for the American Psychological Association (1992), new guidelines (Committee on Ethical Guidelines for Forensic Psychologists, 1991), and two new versions of the Minnesota Multiphasic Personality Inventory (the MMPI-2, Butcher, Dahlstrom, Graham, Tellegen, & Kaemmer, 1989; and the MMPI-A, Butcher et al., 1992) provide an opportunity to review ethical aspects of forensic assessment. Seven major issues-appropriate graduate training, competence in the use of standardized tests, using tests that fit the task, using tests that fit the individual, administering tests correctly, using computers appropriately in forensic assessment, and assessing and reporting factors that may affect the meaning of test findings—are discussed. The revision of the MMPI is used to illustrate some of these issues.     

HIV Testing and Pregnancy: A Case of Cultural Moral Equivocation

The concept of “moral equivocation” may be defined in the context of an ethical framework for moral judgment. This framework comprises two universal principles of right: the Dependency Principle, found (but not endorsed) in Plato's Republic, and the Democracy Principle. Moral equivocation is evident in a violation of either of these two principles. At the cultural level, coping with moral equivocation often requires moral compromise, as is evident in applying the Dependency-Democracy Principles Ethical Framework to the issue of HIV testing for pregnant women.     

Militarism,Human Welfare,and the APA Ethical Principles of Psychologists

A case study is presented of the American Psychological Association (APA), as a health care organization that promotes human welfare. APA includes policies on human welfare in its Ethical Principles of Psychologists and even lists the advancement of psychology "as a means of promoting human welfare" on its letterhead. Nevertheless, APA has other policies and activities based on military and weapons work that appear to conflict with its promotion of human welfare. Although military work in and of itself may not necessarily be problematic, work that contributes to people purposely being harmed or killed should be squared with the association's ethical guidelines. The results presented here show that this may not be the case: There currently appears to be little justification in the Ethical Principles for work intended to harm people. APA's active lobbying, research, and development for the military are documented here, in relation to an analysis of the Ethical Principles. APA's uncritical support for Operation Desert Storm is examined specifically, with regard to weapons technology and therapeutic treatment of U.S. soldiers on the battlefield. This one-sided support for victims of the war is not in keeping with a Hippocratic health care ethic to treat patients needing care, and to do so with neutrality and impartiality. Similarities to a historical example of nationalistic mental health ethics are discussed, with a review of the development of the German Institute for Psychological Research and Psychotherapy and of the German Society for Psychology in the Nazi wartime effort and the Holocaust. The results here show similar deficiencies in APA's ethical standards, not the least of which is that the code applies to individual members but not to APA policies, committees, or activities. This article concludes with suggested criteria for the Ethical Principles that would at least (a) recognize the ambiguities in systematically developing and using weapons to hurt people and (b) provide an initial rationale of potential justifications.     

Respect for People's Rights and Dignity

Summary

This article examines the nature and application of aspirational General Principle E (Respect for Peoples' Rights and Dignity) of the Ethical Principles of Psychologists and Code of Conduct (American Psychological Association [APA], 2002) and similar principles in other mental health professional ethics codes. Issues about aspirational versus enforceable standards are reviewed. Case examples and illustrations of the principle are provided.     

Financial and Ethical Considerations for Professionals in Psychology

The profession of psychology is one of many entities affected by the current economic recession. The question of what to do when clients cannot pay agreed-upon charges will need to be answered. Ethical issues related to setting the fee for psychotherapy, insurance coverage, abandonment, pro bono psychotherapy, and lack of resources are addressed in light of the 2002 American Psychological Association's Ethical Principles of Psychologists and Code of Conduct and other relevant literature. The impact of the Mental Health Parity Act on the financial complexities that professionals in psychology now face is also discussed. Several recommendations are made for psychologists, calling them to be proactive in their communities, to be advocates for their clients, and to critically evaluate their financial practices.     

Legal Necessity,Pareto Efficiency & Justified Killing in Autonomous Vehicle Collisions

Suppose a driverless car encounters a scenario where (i) harm to at least one person is unavoidable and (ii) a choice about how to distribute harms between different persons is required. How should the driverless car be programmed to behave in this situation? I call this the moral design problem. Santoni de Sio (Ethical Theory Moral Pract 20:411–429, 2017) defends a legal-philosophical approach to this problem, which aims to bring us to a consensus on the moral design problem despite our disagreements about which moral principles provide the correct account of justified harm. He then articulates an answer to the moral design problem based on the legal doctrine of necessity. In this paper, I argue that Santoni de Sio’s answer to the moral design problem does not achieve the aim of the legal-philosophical approach. This is because his answer relies on moral principles which, at least, utilitarians have reason to reject. I then articulate an alternative reading of the doctrine of necessity, and construct a partial answer to the moral design problem based on this. I argue that utilitarians, contractualists and deontologists can agree on this partial answer, even if they disagree about which moral principles offer the correct account of justified harm.     

The knower and the known

This paper is a presentation and discussion of Spinoza's view on the knower, or the mind, as an agent. The knower is on his view to be regarded as an active or generative complex cognitive experience. Imagination, reason and intuition are the cognitive principles. On account of their intrinsic relation to “the first law of nature”, that of selfpreservation, together with the thesis of the mind as constituted by ideas or knowledge, these principles function at the same time as moral principles. Consequently, it makes sense to speak of an individual's moral attitude toward everything be knows. A discussion of imagination, reason and intuition mainly as cognitive principles is followed by some concluding remarks on the cognitive and moral relation between human beings: To know another human being is to know his knowledge. The moral attitude of individuals to each other is a function of their mutual knowledge of knowledge.     

Psychological Ethics Codes: A Comparison of Twenty-four Countries

Codes of ethics from 19 countries, representing a total of 24 countries, were compared to the United States using the American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct. Canada's code of ethics was most similar to the US/APA code and China's the most dissimilar. Ten individual standards may be approaching universal agreement, while eight others were unique to the APA ethical code. The relationship of ethical codes to cultural values, and future research suggestions, are discussed.     

Accepting Fallibility: A Model for Personal Responsibility for Nonegregious Ethics Infractions

The profession's ethics standards require counselors to self‐monitor their professional actions and take responsibility for misconduct. However, the professional literature has focused on preventing misconduct and on response to serious violations and has offered little guidance regarding the minor infractions that all professionals are vulnerable to committing during their careers. The author presents a 4‐element model to guide counselors in ethically repairing damage when they recognize they have violated ethics codes or ethical principles in minor ways. The model uses the ethical principles that underlie the American Counseling Association's (1995) Code of Ethics and Standards of Practice and J. R. Rest's (1983, 1994) model of moral behavior as a foundation.     

The Concerned Mental Health Practitioner

Summary

A discussion is provided regarding a fundamental principle of psychology, a concern for other's welfare, as set out in the American Psychological Association's (2002) Ethical Principles of Psychologists and Code of Conduct. Although the principle concern for others' welfare is essentially aspirational in nature, this is an ethical principle that is at the core of the mental health professions' stated values, and that must be positively put into operation in a variety of professional contexts. Unlike so much else in professional ethics codes that involves injunctions of what not to do, or which attempts to limit the self-serving tendencies of professionals, this general principle is essentially positive, pointing to the need to approach others and to consider their welfare first.     

In defense of the Ethics Code: a comment on O’Donohue (2019)

ABSTRACT

This article is a commentary on O’Donohue’s2019 37-point critique of the American Psychological Association Ethical Principles of Psychologists and Code of Conduct ([Ethics Code] 2017). In this brief paper, we respond to the article by addressing our most important disagreements with O’Donohue’s arguments as well as areas of agreement. While we disagree with many of O’Donohue’s points, we also view his critique as being important and timely given that the 2018 APA Ethics Task Force is currently exploring potential revisions to the Code.     

A Methodologically Pragmatist Approach to Development Ethics

This paper suggests that lessons from the field of environmental ethics and sociological perspectives on knowledge are important tools for rethinking what type of ethical analysis is needed for building up further the field of development ethics and, more generally, for addressing some of the most fundamental ethical problems related to global poverty and development. The paper argues for a methodologically pragmatist approach to development ethics that focuses on the interplay between facts, values, concepts and practices. It views development ethics as a hybrid between a public moral–political philosophy and a public conception of social science. Ethical analyses of poverty and development must lead to fundamental changes in the ways knowledge is produced and justified and must challenge the dominance of global institutions and orthodox economics as the single sources of expert knowledge for development. Two of the main tasks of ethical analysis is to provide tools for the formulation of alternative knowledge for development centred on the equal moral worth of all human beings, and to influence global policy making as well as multilateral institutions' goals and policies. The last section of the paper argues that Amartya Sen's version of the Capability Approach is already methodologically pragmatist and points to some convergence between Sen's work and John Dewey's. Further sociological and methodologically pragmatist analysis of the approach is needed to assess the ways in which it is influencing debates on human development and leading to policy changes, and the possible distortions it suffers when adopted by multilateral agencies and policy makers.     

Ethics in Psychology and Law: An International Perspective

Some psychologists working in the psychology and law (psycholegal) field feel that the profession does not provide them with adequate ethical guidance even though the field is arguably one of the oldest and best established applied fields of psychology. The uncertainty psychologists experience most likely stems from working with colleagues whose professional ethics differs from their own while providing services to demanding people and the many moral questions associated with the administration of law. I believe psychology’s ethics does, however, provide adequate moral guidance. It has a sound historical basis, has face validity and emphasizes those social moral principles that allow psychologists to best serve individuals and society. Psychologists may nevertheless be confronted with conflicting demands because there are other norm systems that also regulate their behavior as researchers and practitioners, and they, like all people, are influenced by their conscience. Ultimately, psychologists working in the psycholegal field will be best served if they have good knowledge of, and have internalized, the ethical principles of psychology.     

The relationship of moral maturity and ethical attitude1

Two issues related to Hogan's Survey of Ethical Attitudes (SEA) were investigated. First, the adequacy of Hogan's theoretical characterizations of the two poles of the SEA was tested. The results supported his characterization of the ethics of conscience, but only partially supported his characterization of the ethics of responsibility. Our second focus was on Hogan's prediction that “moral maturity” should be curvilinearly related to the SEA. As predicted, when moral maturity was measured in Hogan's sense, subjects scoring in the middle of the SEA dimension showed higher levels of moral maturity than those at either the ethics of conscience end or the ethics of responsibility end. In contrast, moral maturity in Kohlberg's sense was linearly related to the SEA with the most mature individuals scoring at the ethics of conscience end of the dimension. The total pattern of results highlights the importance of conceptual clarity and conceptual pluralism in research on morality.     

"Enhanced" interrogation of detainees: do psychologists and psychiatrists participate?

After revelations of participation by psychiatrists and psychologists in interrogation of prisoners at Guantánamo Bay and Central Intelligence Agency secret detention centers, the American Psychiatric Association and the American Psychological Association adopted Position Statements absolutely prohibiting their members from participating in torture under any and all circumstances, and, to a limited degree, forbidding involvement in interrogations. Some interrogations utilize very aggressive techniques determined to be torture by many nations and organizations throughout the world. This paper explains why psychiatrists and psychologists involved in coercive interrogations violate the Geneva Conventions and the laws of the United States. Whether done with ignorance of professional ethical obligations or not, these psychiatrists and psychologists have crossed an ethical barrier that may best be averted from re-occurring by teaching medical students and residents in all medical specialties about the ethics principles stemming from the 1946–1947 Nuremberg trials and the Geneva Conventions, together with the Ethics Codes of the World Medical Association and the American Medical Association; and, with regard to psychiatric residents and psychological trainees, by the teaching about The Principles of Medical Ethics With Annotations Especially Applicable to Psychiatry and the Ethical Principles of Psychologists and Code of Conduct, respectively. In this way, all physicians and psychologists will clearly understand that they have an absolute moral obligation to "First, do no harm" to the human beings they professionally encounter.     

THE TRUTH IN ETHICAL RELATIVISM

Ethical relativism is the thesis that ethical principles or judgments are relative to the individual or culture. When stated so vaguely relativism is embraced by numerous lay persons and a sizeable contingent of philosophers. Other philosophers, however, find the thesis patently false, even wonder how anyone could seriously entertain it.
Both factions are on to something, yet both miss something significant as well. Those who whole-heartedly embrace relativism note salient respects in which ethics is relative, yet erroneously infer that ethical values are noxiously subjective. Those who reject relativism do so because they think ethics is subject to rational scrutiny, that moral views can be correct or incorrect. But in rejecting objectionable features of relativism they overlook significant yet non-pernicious ways in which ethics is relative.
In short, each side harps on the opponent's weaknesses while overlooking its own flaws. That is regrettable. We are not forced to choose between relativism and rationality. We can have both. There are ways in which ethical principles and behavior vary legitimately from culture to culture and individual to individual. That we must recognize. However this in no way suggests we cannot reason about ethics. Rather we should strive for a rational yet relativistic ethic which emphasizes the exercise of cultivated moral judgment rather than the rote application of extant moral rules. Or so I shall argue.