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.     

Accountability and dignity: Ethical issues in forensic and correctional practice

Our aim in the special issue is to address some of the more abstract and fundamental ethical problems evident in the criminal justice system and to inquire into their significance for those individuals who assess and deliver rehabilitation programs to offenders. In order to provide an appropriate theoretical framework for an investigation of ethical concerns in the forensic and correctional practice domains, we first outline an ethical framework that is intended to help practitioners reflect systematically on their practice [Ward, T., & Syversen, K., (2009). Vulnerable agency and human dignity: An ethical framework for forensic practice. Aggression and Violent Behavior, 14, 94–105]. Second, we explicitly examine the relationship between two normative frameworks evident within the criminal justice system, punishment and rehabilitation, and inquire into their relationship. Finally, we briefly describe each of the papers comprising the special issue.     

Social Responsibility Ethics: Doing Right,doing Good,doing Well

The ethics of social responsibility is discussed in reference to six case vignettes drawn from forensic psychology. A definitional model of social responsibility is proposed, and two unequal components of the concept—respect for the individual and concern for social welfare—are identified. The sources of ethical conflict in regard to social responsibility are enumerated. Scholarly criticism of the value orientation of forensic psychology is reviewed, and forensic psychology is contrasted with social policy advocacy efforts made by organized psychology. The social responsibility obligations of psychologists in the microethical sphere, where their actions affect individuals, are diffentiated from the obligations psychology has when operating in the macroethical sphere of social policy. The ethical problems inherent in policy advocacy brought about by individual psychologists working with individuals are underscored: the inevitable element of deception, the violation of role integrity, and the circumvention of social structures and institutions that safeguard the rights of individuals.     

Teleconferencing model for forensic consultation, court testimony, and continuing education

A medical center-based forensic clinic that provides the necessary comprehensive consultation, continuing education, court testimony, and clinical services through an applied model of teleconferencing applications is addressed. Telemedicine technology and services have gained the attention of both legal and clinical practitioners, examining trends and models of health care for underserved populations, and identifying where consultation with a team of professionals may benefit service providers in rural communities. The contribution offered herein provides an understanding of the history of the development of the clinic, a theoretical model that has been applied to a clinical forensic program that employs telepsychiatry services, and the ethical and malpractice liability issues confronted in using teleconferencing services. This model is examined through a child and adolescent forensic evaluation clinic. The goals of this model are offered, as are a number of applications within the broad spectrum of services utilizing telemedicine. Finally, changing patterns are addressed in clinically based health-care delivery for criminal justice, social services, and forensic mental health.     

Forensic standards in the American Psychological Association's new ethics code

The 1992 revision of the American Psychological Association's ethics code includes, for the first time, a section devoted to forensic issues. This article examines the adequacy with which the Forensic Activities section addresses fundamental ethical issues inherent in forensic practices (i.e., being competent in forensic practice, dealing with requests for service, providing informed consent, providing services, and reporting findings). We conclude that the ethics code modestly addresses important forensic ethical issues and that it too often is characterized by inconsistencies, insufficient information, omissions, and the inappropriate application of the term forensic to general standards not uniquely related to forensic practice.     

Human dignity and vulnerable agency: An ethical framework for forensic practice

In this paper, we present an integrated ethical framework that covers the different levels of ethical tasks inherent in forensic and correctional work. First, we briefly give an overview of the ethical framework and its component notion of human dignity. Second we analyze in depth the concept of dignity and its relationship to normative theories and ethical concepts that are particularly relevant for forensic practitioners. Third, we explore the capacity of the conceptions of human dignity and vulnerable agency to integrate principles typically contained in ethical codes and practice, such as beneficence, autonomy, and justice. Fourth, we discuss how conflict between ethical codes or duties of station adhered to by practitioners can be effectively addressed in light of the model of dignity and agency outlined earlier. Fifth, we explain how individuals' specific ethical judgments and actions should proceed in light of our framework model.     

Ethical Issues in Accounting and Economics Experimental Research: Inducing Strategic Misrepresentation

Forensic psychologists face a variety of ethical issues in conducting evaluations. One such issue is attorney presence during a forensic evaluation. In forensic evaluations, it is necessary to use standardized procedures while also attending to the rights of the individuals being assessed. This article examines the neuropsychological literature on extraneous influences in evaluations including effects of attorney presence. Then the article discusses the limited knowledge about attorney presence during forensic evaluations, addresses attorney motivations for being present during an evaluation, and considers attorney presence in the context of ethical mandates. Finally, suggestions are offered for forensic clinicians confronted with attorneys who wish to be present during assessments.     

Some Legal Issues Patients May Face While in Therapy

This article on forensic family therapy touches upon a few of the major germane ethical and legal dicta which regulate and circumscribe psychotherapy practice. Differences between ethical and legal rulings are delineated. Some of the problems which may confront and even engulf individuals, couples, and families during their life cycle and which bring them into the orbit of the legal and/or judicial systems before, during, or after the period of assessment and treatment are explored. Some issues that have received the least coverage in the family forensic literature are highlighted; and some of the areas that have been accorded a great deal of attention elsewhere are mentioned only briefly. A short commentary on the forensic family professionals’ potential role in each arena of practice is provided.     

Ethical Principles and the Communication of Forensic Mental Health Assessments

Our premise is that ethics is the essence of good forensic practice and that mental health professionals must adhere to the ethical principles, standards, and guidelines of their professional bodies when they communicate their findings and opinions. We demonstrate that adhering to ethical principles can improve the quality of forensic reports and communications. We demonstrate this by focusing on the most basic principles that underlie professional ethical standards and guidelines, namely, Fidelity and Responsibility, Integrity, Respecting Rights and Dignity of Persons, and Justice and Fairness. For each principle we offer a brief definition and explain its demands. Then we identify ways in which the principle can guide the organization, content, or style of forensic mental health report writing, offering illustrative examples that demonstrate or abuse the principle.     

Special perspective: An immodest proposal: should treating mental health professionals be barred from testifying about their patients?

Notwithstanding ethical rules that address therapeutic and forensic role conflicts for psychologists and psychiatrists, overzealous patient advocacy by therapists, tightened reimbursement for therapy, and a growth market for forensic psychology and psychiatry, have led many therapists to appear willingly as forensic experts on behalf of their patients. Existing ethical rules, as well as other proposed approaches to address this problem, assume that it can be resolved by modest changes in existing practice that permit therapists to testify as long as their testimony avoids psycholegal opinions. This essay questions whether these modest changes can adequately address this problem and advances consideration of a more radical proposal to address this problem, prohibiting therapists from testifying about their patients. © 1998 John Wiley & Sons, Ltd.     

Addressing the dual relationship problem in forensic and correctional practice

The dual relationship problem in forensic and correctional practice emerges from conflict between two sets of ethical norms: those associated with community protection and justice versus norms related to offender/defendant well-being and autonomy. The problem occurs because forensic practitioners typically have their professional roots in mental health or allied disciplines such as psychiatry, clinical psychology, social work, or law, and as such, often struggle to ethically justify aspects of forensic and/or correctional work. First, the problem of dual relationships will be described and its nuances explored. As will become apparent, the problem extends beyond the straightforward conflict of roles and resides at the very heart of professional practice. It is a core normative conflict created by practitioners varying ethical allegiances. Second, contemporary ways of resolving the dual relationship problem will be briefly outlined, that is, approaches that assert the primary of one set of codes over the other or involve the construction of hybrid ethical codes. Third, after briefly reviewing the shortcomings of these approaches I present a possible way forward drawing from relational ethics and the concept of moral acquaintances.     

Ethics issues in security hospitals

The term 'security hospital' is used for a variety of facilities including forensic hospitals and prison hospitals, which, because of their mission, the nature of their work, and the populations they serve-or because of the authority under which they operate-place the staff at considerable risk of ethical violations related to either clinical care or to forensic activities. The problem of divided loyalties is of special concern in security hospitals. Ethics principles particularly at risk are confidentiality and informed consent. Where there are cultural disparities between the staff and the patients, differences in background, socioeconomic class, education, and other types of diversity, cultural awareness is required and must be reflected in appropriate treatment and evaluation. To counteract the risks of ethical violations, a security hospital should create an ethical climate and develop means to anticipate, prevent, and deal with ethical violations. These might include detailed and specific policies and procedures, programs of orientation, education, consultation, and liaison as well as its own ethics committee.     

From posts to protection: Ethical considerations regarding forensic psychiatrists and a duty to warn based on social media

Increasing use of social media in forensic mental health evaluations will lead to new challenges that must be resolved by forensic practitioners and the legal system. One such dilemma is the discovery of information that would typically trigger a legal duty and professional ethics obligation for mental health professionals to breach doctor-patient confidentiality to promote public safety and prevent harm to vulnerable third parties. Although the law and professional organizations offer clear guidance for practitioners in the treatment role, there is currently no clarity from the law or instruction from professional organizations on what mental health professionals should do if they discover such information during a confidential forensic evaluation. For example, a forensic evaluator may find evidence on social media of an evaluee’s threats to seriously harm others, abuse of children and the elderly, or severely impaired driving. There are no clear guidelines for how a forensic psychiatrist should respond in these complicated situations. We review the legal concepts and historical evolution of confidentiality, privilege, and mandated reporter duties that forensic practitioners should consider in these legally ambiguous situations. Finally, we discuss ethics frameworks practitioners can implement to determine their most ethical course of action when faced with such dilemmas.     

The insanity plea: Szaszian ethics and epistemology

The traditional legal verdict of ‘not guilty by reason of insanity’ as well as the more recent verdict of ‘guilty but mentally ill’ rest on often unquestioned epistemological assumptions about human behavior and its causes, unjustified reliance on forensic psychiatrists, and questionable, if not deplorable ethical standards. This paper offers a critique of legal perspectives on insanity, historical and current, based on the altermative epistemological and ethical assumptions of Thomas S. Szasz. In addition, we examine Szasz's unique rhetorical analysis of ‘mental illness’ and its implications for forensic psychiatry.     

Neuroimaging of emotion and personality: scientific evidence and ethical considerations

Affective neuroscience has seen an explosion of research efforts using modern neuroimaging approaches to uncover the neural basis of emotion and personality. The first section of this paper reviews studies from the domains of affective and forensic neuroimaging. These studies illustrate some of the topics likely to be the subject of future ethical debates. The second section relates limitations of the neuroimaging approach to ethical considerations in predicting future psychopathology on the basis of brain state analysis.     

Psychoanalytisch begründete Ans?tze in der forensischen Psychiatrie und Psychotherapie

After many years where manualized mainly behaviour treatments dominated in forensic settings, psychodynamic therapies are gaining acceptance and are performed and evaluated more and more in forensic hospitals and in prisons. This encompasses individual, couple, family and group therapies. Individual and group analysts are starting to perform these tasks again, mostly as workers in forensic settings but also as external therapists and supervisors. All staff members are important in creating a therapeutic community based on group analytic principles. They are therefore required to build up a therapeutic attitude supported by regular external case and team supervision. Delictogenic situations occur in everyday life as well as in professional settings and are analysed mainly in group therapies, considering situations of the past and the effect on other people. Modern manualized analytical concepts, such as transference-focussed psychotherapy (TFP) and mentalization-based therapy (MBT) depthen the quality of therapeutic work of all professionals in forensic settings. The multimorbid and sometimes dangerous patients require good ethical and professional attitudes. The psychoanalytic concepts of defence and resistance, transference and countertransference are essential parts of changing internalization and corrective emotional experience, important parts of useful forensic treatments.     

A New Use of ‘Race’: The Evidence and Ethics of Forensic DNA Ancestry Profiling

Recent advances in population genetics have made it possible to infer an individual's ancestral origin with a high degree of reliability, giving rise to the new technology called ‘DNA Ancestry Profiling’. Bioethicists have raised concerns over using this technology within a forensic context, many of which stem from issues concerning race. In this article, I offer some reasons why we ought to allow forensic scientists to use DNA Ancestry Profiling to infer the race or ethnicity of perpetrators — on a particular understanding of race or ethnicity — in at least some cases. First, there is reason to think the process will meet our evidential standards in many cases. Second, the technology has serious prospects for improving racial justice. Third, the ethical concerns that have been raised can be addressed. And last, using Forensic DNA Ancestry Profiling to infer race or ethnicity has many benefits over its successor technology known as Molecular Photofitting. I conclude the essay by sketching the empirical work that remains to be done.     

Values in forensic and correctional psychology

Although the practice of forensic and correctional psychology has been understood in relation to certain sets of values that have been articulated in codes of ethical practice or organisational mission statements, there has been little consideration of how the values of offenders can inform the rehabilitative process. In this paper the criminogenic nature of values is discussed and how these might be addressed in an intervention. It is concluded that an exploration of values is not only a necessary condition for successful rehabilitation, but also essential if ethical problems in working with offenders are to be avoided.