Learning ethics the hard way: facing the ethics committee.

This article describes an approach to enhancing the value of case study material in teaching professional ethics in psychology. The mock committee approach involves a series of hearings convened by students who rotate membership on a class ethics committee. Members of the class participate randomly as psychologists accused of various ethical violations. While the class observes, formal complaint hearings occur that result in official rulings and the setting of appropriate penalties and remedial requirements. The larger class then joins in active feedback and exchange with the committee to highlight and discuss salient ethical issues. We present and discuss student evaluation data for this technique and comment on the potential advantages of this teaching approach.     

Estimating the effects of misleading information on witness accuracy: can experts tell jurors something they don't already know?

This study investigated potential differences between expert and lay knowledge of factors influencing witness suggestibility. Expert psychologists (N = 58), jurors (N = 157), and jury‐eligible undergraduates (N = 220) estimated the effects of misleading information on witness accuracy for three age groups in various conditions. Respondents possessed similar knowledge of age‐related trends in suggestibility, the positive effects of a pre‐misinformation warning, and the negative influence of longer delays between the event/misinformation and event/final memory test. Compared to experts, laypeople underestimated the size of suggestibility differences between age groups and lacked knowledge about how event detail centrality, witness participation, and source prestige can increase witness suggestibility. Laypeople rated themselves as being largely unfamiliar with witness suggestibility research and thought that expert testimony would be beneficial. These data shed light on the potential helpfulness of expert testimony in cases involving witness suggestibility. Copyright © 2006 John Wiley & Sons, Ltd.     

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.     

Evaluation Study of Lawyers' Satisfaction with Expert Witness Reports

This study attempted to evaluate the satisfaction of personal injury lawyers with expert witness reports from psychologists and psychiatrists. A questionnaire was sent to 514 civil litigation lawyers and 79 (15.4%) were completed. It was found that most lawyers were satisfied with reports and that there was no difference between the standard and quality of expert reports of psychologists and psychiatrists. Criticisms were limited and focussed on the cost, length and lack of clarity of some of the reports. These criticisms are discussed within the context of the reforms within the legal aid system and it is concluded that expert reports are perceived by lawyers as being reasonably good value for money.     

Role Function Differences Between School Psychologists Employed by School Districts and Regional Educational Agencies

ABSTRACT

This study investigated differences in role functioning of school psychologists employed by school districts and regional educational agencies (intermediate units). A total of 636 full time school psychologist practitioners in Pennsylvania were surveyed and asked to estimate the actual percentage of time they spent in assessment, counseling, consultation, research, clerical tasks, and administration, and the amount of time they desired to spend in each of these roles. Results indicated that school psychologists employed by districts spent more time in administrative tasks than school psychologists employed by intermediate units. No other statistically significant differences in roles between school psychologists employed by these two entities were identified. However, differences in the actual time spent in assessment (in favor of intermediate units) and desired time spent in administrative tasks (in favor of districts) approached statistical significance.     

Eyewitness testimony

The study of eyewitness testimony is thriving. Over the last three decades, psychologists have made important discoveries, and applied those discoveries to the legal system in myriad ways. Along the way, there were disagreements, which were typically healthy in nature. I discuss a few, for example, centering around the impact of misinformation on witnesses, the role of witness confidence and lineup procedures, and expert testimony. The “Memory Wars” were not so friendly, but hopefully the collective effort has helped to make the world a fairer place.     

Fixed vs. Flexible Neuropsychological Test Batteries Under the Daubert Standard for the Admissibility of Scientific Evidence

In Chapple v. Ganger, (1994), the Daubert standard was applied for the very first time to the use of fixed (standardized) versus flexible (nonstandardized) neuropsychological test batteries in the federal court. In this personal injury case the Chapple court gave far greater weight to the results obtained from a fixed battery than to the results obtained from two flexible neuropsychological test batteries. Significantly, under the Daubert standard the District Judge noted the lack of medical and scientific evidence to support the conclusions made by the Plaintiffs' two expert witnesses, a psychologist and a neuropsychologist, even though each had administered a comprehensive and flexible neuropsychological test battery and had based their conclusions on the test results. However, the Judge accepted as scientific evidence the objective test results obtained from the fixed Halstead–Reitan Neuropsychological Test Battery for Older Children administered by the Defendants' expert witness Dr. Ralph Reitan and also accepted his scientific expert medical testimony which was closely derived from these data. Applying the Daubert standard to the neuropsychological test results and opinions of the expert witnesses, the District Judge held that the entire reasoning process and not simply part of the reasoning process upon which the expert witness derives a conclusion must reflect scientific methodology.     

英美法系中的心理学专家证人

专家证人指的是根据法庭的要求,依靠专业知识和技术,就法庭审案过程中所涉及的有关本专业的内容,向法庭提供的有科学依据的书面报告并直接出庭作证的各学科的专家。心理学专家证人就是心理学专家作为专家证人进行出庭作证。英美法系与我国实行的大陆法系存在着差异,该文希望通过系统地介绍英美法系心理学专家证人的发展历史及作用、心理学专家证人的工作程序、存在的争议、已有的实证研究等,为国内法律界和心理学界开辟一个新的视角,并探讨心理学专家证人在我国司法系统实施的可能性     

School psychologists' rankings of stressful events

The issue of stress among school psychologists and other helping professionals has achieved a position of prominence in recent literature. Critical stressful events in the professional lives of 534 school psychologists are identified and rated. The demographic data for the subjects and the mean rankings of the 35 stressful events are reported. In addition, a factor analysis was performed on the stressful events, yielding nine factors: Interpersonal Conflict, High Risk to Self and Others, Obstacles to Efficient Job Performance, Public Speaking, Time Management, Keeping District “Legal,” Hassles, Professional Enrichment, and Insufficient Recognition of Work. Analyses of variance were performed, pairing the 11 demographic variables with the nine factor scores. One or more statistically significant (p<.05) factor loadings were obtained for gender, age, type of community, number of districts, number of years, and salary.     

Coming Out, Visibility, and Creating Change: Empowering Lesbian, Gay, and Bisexual People in a Rural University Community

Personal and professional challenges faced in encouraging the development of a gay community in a rural university setting are described. Community psychologists who are lesbian, gay, or bisexual (LGB) must assess their willingness to be open and the roles they can play in developing helping resources. These issues concern how to encourage the empowerment of others while maintaining a collaborative role in a situation of major personal investment. Two specific challenges–developing informal helping resources for local LGB people and fostering institutional and policy changes to make the university a safer place for LGB faculty, staff, and students–are described. Community psychologists must consider personal risk when they become involved in empowerment efforts with this population.A white male community psychologist and a licensed clinical psychologist, I have been on the faculty of the Department of Human Development and Family Studies at Pennsylvania State University since 1972. I served as Faculty Adviser to the Lesbian, Gay, and Bisexual Student Alliance at the University for ten years, and worked extensively with lesbian, gay, and bisexual people in the local town, State College, PA, to develop community resources since the mid 1980’s. I had been granted tenure before the events described in this paper occurred.     

The 1928 Carlisle conference: Knight Dunlap and a national laboratory for psychology

In late March 1928, 32 experimental psychologists met in Carlisle, Pennsylvania. The National Research Council (NRC) sponsored the conference, which was organized by Knight Dunlap, chair of the NRC's Division of Anthropology and Psychology. The purpose of the Carlisle conference was to examine the status of experimental psychology, and Dunlap used it to propose a national laboratory for psychology, to be created in Washington, DC. This vision clashed with the traditional university-centered research model and the group resisted Dunlap's plan. Dunlap persisted, the eventual result being a National Institute of Psychology, which accomplished little. The Carlisle conference did succeed in being the impetus for small NRC-funded grants-in-aid to researchers, and it set in motion events that eventually led to the American Psychological Association publication manual.     

The clinical psychology of lightner witmer: A case study of institutional innovation and intellectual change

The name Lightner Witmer is rarely invoked in the historian's litany of psychological saints. Neither a grand systematizer nor an ardent experimentalist, the “world's first clinical psychologist” is even dismissed by contemporary clinicians because of his purported failure to achieve for psychologists professional hegemony over the “problem child.” Yet disciplinary ventures which in Joseph Ben-David's phrase fail to “take off” represent extremely illuminating indicators of a discipline's shifting ideas, roles, and aspirations. Explicitly urging that historians pay more attention to subgroups of larger disciplines, this paper constitutes an attempt to assess the impact of changing social roles upon psychologists' intellectual stances through an examination of Witmer's novel activities at the University of Pennsylvania.     

Factors influencing child witnesses

This study elucidates how professional intervention can influence children's abilities to report accurately about abuse experiences. Based on knowledge acquired through previous research and the present case study, the study shows how methods of information acquisition used during preliminary investigations can negatively affect child reports. The case study emanates from a larger study of 193 allegedly sexually abused children. Examination of these police interviews shows that 55 children were interviewed more than once and their reports were exposed to possible professional influences before and during the preliminary investigation. The case study reveals the inadequate management of a child witness. The findings indicate that police officers and psychologists should avoid suggestive interventions and co-ordinate their efforts during the preliminary investigation in order to safeguard the children's as well as the suspects' legal interests. This paper points out the need for implementing interview interventions that can enhance children's abilities to report accurately about abuse experiences.     

Why the gap? Practice and policy in civil commitment hearings.

The failure of civil commitment procedures to meet statutory requirements is one of the more reliable findings in the applied social sciences. Most states now require specific legal procedures and behavioral standards for involuntary hospitalization. Nonetheless, empirical studies have demonstrated that commitment hearings are rarely adversarial and clinical concerns continue to take precedence over legal issues. These findings are analyzed in the context of three related issues: the grounds for commitment that are used in civil commitment hearings, the particular difficulties of recommitment hearings, and the shortcomings of the national policy of deinstitutionalization. The authors conclude that a primary cause of the gap between legal standards and actual practice is the absence of viable, less restrictive alternatives to inpatient treatment.     

Privileged Communication in Selected Helping Professions: A Comparison Among Statutes

The authors present findings of an examination and assessment of existing privileged communication statutes and rules of evidence in the 50 states and the District of Columbia for clients of selected helping professionals: psychologists, social workers, marriage and family therapists or counselors, school counselors, and licensed professional counselors. Data are reported regarding the extent to which each of these professional groups has succeeded in establishing that their clients' communications with them are entitled to legal privilege, the scope of privilege extended, and specified exceptions to privilege. The report concludes with implications and suggested guidelines for practice.     

Twenty-first century ethical challenges for psychology

Foreseeable social and technological changes will force us to reevaluate our thinking about ethically appropriate ways to fulfill our mission of using psychology to advance human health and welfare in the twenty-first century. Three categories of challenge related to societal and technological changes have become particularly evident. First, increasing patterns of delivering services over substantial distances by electronic means (i.e., telepsychology) demand consideration. Second, we must parse our ethical obligations to individuals, to groups, and to society at large as our influence working behind the scenes as "invisible" psychologists grows. Finally, as we witness the accelerating demise of psychiatry, we must take care not to follow a similar path. As we face new ethical challenges, we must continually ask ourselves where our responsibilities lie as individuals and as a profession. We must learn not to repeat the mistakes of the past and focus instead on optimizing the future for a science and practice of psychology focused on human health and welfare.     

On the "general acceptance" of eyewitness testimony research. A new survey of the experts

In light of recent advances, this study updated a prior survey of eyewitness experts (S. M. Kassin, P. C. Ellsworth, & V. L. Smith, 1989). Sixty-four psychologists were asked about their courtroom experiences and opinions on 30 eyewitness phenomena. By an agreement rate of at least 80%, there was a strong consensus that the following phenomena are sufficiently reliable to present in court: the wording of questions, lineup instructions, confidence malleability, mug-shot-induced bias, postevent information, child witness suggestibility, attitudes and expectations, hypnotic suggestibility, alcoholic intoxication, the crossrace bias, weapon focus, the accuracy-confidence correlation, the forgetting curve, exposure time, presentation format, and unconscious transference. Results also indicate that these experts set high standards before agreeing to testify. Despite limitations, these results should help to shape expert testimony so that it more accurately represents opinions in the scientific community.     

Constructively Avoiding the Need for Due Process

School professionals are often faced with formal due process hearings regarding education of exceptional students. By the time a formal hearing is required to resolve differences, parental perceptions of school personnel are often negative, while educators develop similar views of parents. Fortunately, there are easily understood ways to preclude need for due process hearings, while meeting legitimate needs of children, parents, and school personnel. Although not infallible, these techniques can improve the probability of avoiding a formal hearing and improve parent-school relationships.     

Race and jury selection: psychological perspectives on the peremptory challenge debate

The legal system is a domain of potential relevance for psychologists, whether in the capacity of expert witness or citizen juror. In this article, the authors apply a psychological framework to legal debate surrounding the impact of race on the process of jury selection. More specifically, the authors consider race and the peremptory challenge, the procedure by which attorneys may remove prospective jurors without explanation. This debate is addressed from a psychological perspective by (a) examining traditional justifications for the practice of the peremptory challenge, (b) reviewing research regarding the influence of race on social judgment, (c) considering empirical investigations that examine directly race and peremptory challenge use, and (d) assessing current jury selection procedures intended to curtail racial discrimination. These analyses converge to suggest that the discretionary nature of the peremptory challenge renders it precisely the type of judgment most likely to be biased by race. The need for additional psychological investigation of race and jury selection is emphasized, and specific avenues for such research are identified. (PsycINFO Database Record (c) 2008 APA, all rights reserved).     

Maltreated children's understanding of and emotional reactions to dependency court involvement

Little is known about the extent to which maltreated children understand what is happening during their participation in court proceedings, despite large numbers of children coming into contact with the legal system as victims of maltreatment. In the present study, maltreated 4‐ to 15‐year‐olds were interviewed about their understanding of dependency court on the day of their scheduled court visit. Their feelings about attending their hearings were also assessed, and after their hearing, their understanding of the decisions was examined. Age‐related improvements in children's understanding emerged. Also, children who were more knowledgeable about the legal system were less distressed about attending their hearings, as were younger children who had been in the system a longer time. Finally, a majority of children lacked full or accurate understanding of what actually happened during their hearings. Findings have implications for children's participation in legal proceedings and the development of interventions to facilitate children's legal understanding. Copyright © 2009 John Wiley & Sons, Ltd.