Forensic psychology and Islamic jurisprudence

Islamic jurisprudence is the most widely used system of religious law in the world today. However, how forensic psychology may operate within this system has been largely unexplored. The current review sets out to explore the relationship between Islamic jurisprudence and forensic psychology by examining the Islamic legal concepts of evidence, competence, insanity, psychological disorder and intellectual disability and their implications for forensic practice. Also discussed are the potential barriers to forensic psychological practice in countries using a system of Islamic law.     

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.     

Ethical Dilemmas of Confidentiality With Adolescent Clients: Case Studies From Psychologists

Navigating limits to confidentiality with adolescent clients can be ethically and professionally challenging. This study follows on from a previous quantitative survey of psychologists about confidentiality dilemmas with adolescents. The current study used qualitative methods to explore such dilemmas in greater depth. Twenty Australian psychologists were interviewed and asked to describe an ethically challenging past case. Cases were then used to facilitate discussion about the decision-making process and outcomes. Interviews were transcribed and analyzed using interpretive content and thematic analysis. Three key findings are discussed. First, it is of little use to perceive confidentiality dilemmas as binary choices (breach/don’t breach) because psychologists described 5 distinct options. These can be conceptualized on a spectrum of varying degrees of client autonomy, ranging from “no disclosure” (highest client autonomy) to “disclosure without the client’s knowledge or consent” (lowest client autonomy). Second, confidentiality dilemmas often involve balancing multiple and conflicting risks regarding both immediate and future harm. Third, a range of strategies are employed by psychologists to minimize potential harms when disclosing information. These are primarily aimed at maintaining the therapeutic relationship and empowering clients. These findings and the case studies described provide a valuable resource for teaching and professional development.     

Redefining the psychological autopsy: A proposal for collaboration between forensic pathology and investigative psychology

Excepting psychiatry, psychology and medicine remain largely separate disciplines. In forensic inquiries, the psychologist assesses the mind, whereas the pathologist examines the body. Both fields, however, actively participate in the same investigations, albeit from different standpoints, contributing to explorations of crime scene dynamics, identification of offenders, and legal proceedings. In recent years, peer review has become a staple of research, because subjecting work to scrutiny by other experts promotes accuracy. Forensic pathologists would benefit from insights provided by investigative psychology, particularly if asked to apply psychology to their testimony, and integration with forensic pathology may increase the acceptance of empirical profiling evidence in the courtroom. Additionally, incorporation of medical findings—such as wound patterns, evidence of range of fire, and cause of death determinations—could add another level of detail to techniques like smallest space analysis. The following functions as a proposal for the incorporation of forensic pathological findings into investigative psychology research and the application of investigative psychology to forensic pathology practice. Cooperation has the potential to extend the scope of knowledge in both disciplines, to increase their applicability to and acceptance in legal contexts and to maximize the probative value of evidence provided in the court of law.     

Release of test data under the 2002 Ethics Code and the HIPAA Privacy Rule: a raw deal or just a half-baked idea?

Until quite recently, many psychologists believed themselves ethically bound to fall on their swords before releasing raw test data to anyone but another qualified professional. Under the American Psychological Association Ethics Code (2002), consistent with the Health Insurance Portability and Accountability Act of 1996 Privacy Rule of 2002 (U.S. Department of Health and Human Services, 2002), test materials may still be protected, but documents containing participants' responses are ordinarily subject to disclosure. Although many may lament the cost to test security, the virtues of secrecy regarding testing are often exaggerated and its vices underestimated. Several measures, including appropriate informed consent, sensitive and detailed test feedback, offers of suitable alternatives to raw test data, copyright notices, and the use of protective orders and supervised inspection in forensic matters can still be used to maintain a reasonable degree of test security.     

Who owns this data? using dialogic reflection to examine an ethically important moment

There has been growing use of reflective practice as a means for examining ethically important moments that occur during research. Reflective practice enables researchers to be alert to the unfolding of these ethically important moments and to consider how they will respond to them. In this paper, we use dialogic reflection to explore an ethically important moment that occurred during one of our research projects. We present our dialogic reflective conversation as a means of exploring the ethical issues associated with data ownership. We draw on this conversation to describe a framework for dialogic reflection that provides researchers with a process for engaging in reflection on their practice as ethical researchers.     

Termination: Legal and Ethical Considerations for Marriage and Family Therapists

Every Marriage and Family Therapist (MFT) must carefully plan how to initiate, convene, and terminate therapy. Determining how to ethically terminate therapy in a variety of therapeutic contexts can be challenging. Though termination is a common aspect of all therapeutic relationships, a lack of empirically based information on how to terminate therapy leaves practitioners alone in determining how best to end the treatment relationship. Furthermore, the subject of termination is discussed so scarcely in MFT literature that few authors have attempted to establish a standard for ethical termination. In the current climate of evidence-based services, predetermined session limits, and increased litigation for malpractice, MFTs must examine their termination procedures. This paper identifies the current available literature on termination and discusses the ethical and legal considerations for practicing MFTs as outlined by the AAMFT Code of Ethics (2004) American Psychological Association. 2004. Code of ethics., Washington, DC: Author.  [Google Scholar]. Directions and suggested methods for future research are set forth.     

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.     

Community Counselling in African Contexts

This article explores community counselling as a form of professional practice for psychologists, with a particular focus on practices that are relevant in African contexts. The discussion identifies and discusses various models of practice identified in community psychology, including an ecological perspective, a public health and community mental health framework, interventions that focus on promoting a sense of community, indigenous approaches to community counselling and a critical or social action framework. Examples relating to each of these models of practice are drawn from various African settings, providing practitioners with some insights into how theory can be operationalised into practices that are relevant to African contexts. The article concludes with a discussion on community research, with a particular focus on ethical considerations relevant to a community approach in African contexts. The latter discussion emphasises the importance of working with the community as partners, and suggests the possibility of developing a Code of Ethics aimed specifically at guiding community counselling practice in African contexts.     

Psychology and mind-body segregation: Are we part of the problem?

Despite advances in behavioral medicine and health psychology, the health care system and medical education continue to show resistance to a truly biopsychosocial model of medical practice. Psychologists in medical settings have generally been identified as challenging the concept of mind-body duality and the segregation of biologic and psychosocial sciences in medicine. However, examples are presented of how psychologists contribute to and perpetuate mind-body segregation via exclusive theoretical conceptualizations, arbitrary definitions of professional behavior, and dogmatic constraints on the limits of psychology's field of knowledge.     

Evaluation of a Combined Cognitive Behavioural Therapy and Interpersonal Process Group in the Psychotherapy Training of Clinical Psychologists

It is now widely acknowledged that both content and process elements of psychotherapy play a part in client treatment outcomes. Despite this, there are pressures on Australian clinical psychology training programs to teach evidence‐based approaches in a relatively short time frame. Producing clinical psychology graduates who have an adequate level of competence in evidence‐based practice and meeting the demands of professional accreditation requirements can mean that less time is available to teach the process elements of psychotherapy. The aim of this study was to conduct a preliminary evaluation of a clinical psychology psychotherapy training program that combines an interpersonal process group with a cognitive behavioural therapy training model that incorporates self‐reflection and self‐practice. Eleven participants who participated in the training in 2008 completed the Counseling Self‐Estimate Inventory at pre‐ and post‐training. Significant improvements on the majority of the subscales of this inventory were found. A separate sample of nine trainees and clinical psychology registrars who also previously completed the program attended individual interviews in 2010 aimed at gaining their perspective regarding various aspects of the program. Self‐practice of cognitive behavioural therapy techniques was found to be important in the identification and management of trainees’ own core beliefs, and to their appreciation of how challenging this process may be for clients. The interpersonal process group was described by participants as enhancing their competency as psychotherapists. Common themes included the experience of anxiety and a high level of emotion, and understanding how this experience might be similar for clients; increased self‐awareness; and increased competence in process issues. Many participants believed the process and content components of training were equally important to their development as psychotherapists.     

Confronting ambiguity: identifying options for infants with trisomy 18

Identifying ethically allowable options for infants with trisomy 18 has become more challenging as medical standards of practice shift, based on emerging scientific data and changing societal perceptions of disability. Lack of a stable professional standard of practice ought not prevent ethicists from facilitating a consensus; rather, these "unsettled cases" require an individualized, narrative approach that allows the values of the family and the particularities of each case to provide the necessary additional moral grounding.     

Some actions for behavior analyst licensing bodies to consider in response to the COVID‐19 pandemic

The COVID‐19 global pandemic has had a significant impact on the practice of applied behavior analysis (ABA). Practitioners and caregivers have had to adapt quickly as physical distancing, stay‐at‐home orders, and shelter‐in‐place directives have become commonplace. As the field copes with the changes produced by the COVID‐19 outbreak, many behavior analytic practitioners are seeking guidance from regulatory bodies to ensure they are practicing legally and ethically. This article outlines some actions that the regulatory bodies that manage state behavior analyst licensure programs may consider to assist ABA practitioners and consumers during this unprecedented time. Additionally, suggestions are offered as to how state licensing bodies might prepare to support the practice of licensees during future events that present challenges similar to the current pandemic.     

A Study of the Ethical Dilemmas Experienced by School Psychologists in Portugal

This study examines the ethical dilemmas and difficulties encountered by Portuguese school psychologists. As part of a larger survey, participants were asked about ethical issues faced in daily practice and asked to describe ethical incidents. Of the 477 respondents, 274 reported 441 ethically troubling or challenging situations. Responses were coded into a six-category system based on the code of ethics of Portuguese psychologists. Most of the reported dilemmas concerned privacy and confidentiality principles (53%). Results are discussed in light of relevant literature and international findings. Implications for the development of the profession and future research are provided.     

Ethical Issues and Potential Solutions Surrounding the Use of Spoken Language Interpreters in Psychology

The need for psychological services to limited English proficient clients is increasing. Psychologists who provide clinical services to limited English proficient clients are frequently required to use the services of spoken language interpreters. Research has shown that the quality and consistency of interpretation services are often in question. Interpreters are generally not required to hold any certifications or to meet training requirements prior to providing interpretation services. This lack of oversight leaves the psychologist responsible for the quality of the interpretation when adhering to the American Psychological Association’s (APA) 2010 Ethical Principles of Psychologists and Code of Conduct. This article includes a discussion of the ethical and clinical issues inherent in providing psychological services through an interpreter, how those issues affect a psychologist’s adherence to the APA Ethics Code, and recommendations for meeting the ethical standards while providing sound clinical services through the use of spoken language interpreters.     

"Broken covenant": healthcare aides' "experience of the ethical" in caring for dying seniors in a personal care home

Canada's population is aging, and seniors constitute the fastest growing demographic in the nation. The chronic health conditions, limited social support, functional decline, and cognitive impairment experienced by seniors may necessitate admission to a personal care home (PCH) setting up until the time of their death. The ethical problems that arise in the care of dying patients are numerous and complicated. The care of dying seniors in PCHs, however, is largely provided by frontline workers such as healthcare aides (HCAs), who usually have little training in palliative care or ethics. Research examining the identification and resolution of ethical problems in care of the dying has been conducted from the perspectives of nurses and physicians in various clinical settings, but the voice of HCAs in PCHs is virtually absent from clinical ethics. Given that the inability to satisfactorily resolve ethical issues in clinical practice is associated with feelings of guilt, powerlessness, avoiding contact with patients, failing to provide good physical care, and increased staff turnover, an empirical examination of HCAs' experiences of ethically challenging situations is warranted. We conducted a phenomenological study to access the lived experience of HCAs (N = 12) working in proprietary and nonproprietary care homes as they encountered situations they deemed ethically challenging in providing end-of-life care to dying seniors. The findings reported here explicate: (1) the types of situations that are ethically problematic for HCAs; (2) the meanings they assign to these situations, and (3) the impact such situations have on the provision of end-of-life care.     

Working with unrealistic or unshared hope in the counselling session

Hope has long been identified as an important therapeutic factor in counselling. Further, research evidence for the importance of hope to counselling practice and outcome is abundant. However, the field is only beginning to explicitly consider how hope can be effectively and intentionally practised. One of the most challenging dilemmas encountered by counsellors committed to working with this important therapeutic factor is that of so-called unrealistic hope. In this paper, we outline two real-life counselling vignettes illustrating unrealistic hope, and consider these scenarios alongside relevant scholarship and practice experience. Guiding principles and practices for conceptualising and working with unrealistic hope are offered as a means of beginning the conversation about this complex aspect of working with client hope.     

How does evidence-based practice in psychology work? – As an ethical demarcation

Evidence-based practice in psychology (EBPP) is ordinarily understood to demarcate between legitimate and illegitimate psychotherapy practice, based upon the epistemic demarcation distinguishing scientific from non-scientific knowledge. EBPP emphasizes the value of effective and efficient interventions identified through randomized controlled trials and cost-benefit analyses. Basing the template for choice of action or strategy on randomized controlled trials and cost-benefit analyses create a deceptive appearance of ethical neutrality. However, there is an implicit ethical demarcation at work in EBPP, which favors a non-articulated specific position in normative ethics. More particularly, evidence-based practice in psychology is structured according to a utilitarian framework, severely limiting the kinds of ethical perspectives available to assess psychotherapy practice. The latter point is illustrated through a new mode of delivering psychotherapy services called “Internet-based guided self-help” (IBGSH). In EBPP the only relevant ethical question is to what extent any intervention, such as IBGSH, is effective and efficient. Some of the limiting effects of the ethical, utilitarian, demarcation are showcased by presenting three alternative ethical perspectives by which psychotherapy practice in general and IBGSH in particular can be analyzed. The analysis concludes that EBPP is not suited to ethically regulate the practice of psychotherapy.     

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.     

Psychological therapy in prisons: Professionals’ perceptions

This study explored professionals’ perceptions of providing psychological therapy in prisons. Eight professionals, affiliated with counselling as well as counselling, clinical and forensic psychology, were interviewed. A social constructionist paradigm was used to understand how social and discursive practices shaped professionals’ accounts, allowing for critical engagement with taken-for-granted practices. Participants’ accounts were analysed using a social constructionist informed thematic analysis. Four themes were constructed: (a) performing therapy, (b) humanising the client, (c) frames inside frames and (d) a challenging but rewarding experience. The findings of this investigation indicated that therapy provision was interwoven with the socio-political ideals governing prison, which created a conflict between therapeutic values and penal values. This conflict has important implications for establishing and maintaining ethical and deontological practices in prison, particularly surrounding the dynamics power. The study indicated it is important for professionals to monitor and manage potential stigma and discrimination within therapy or service delivery. The results also found that working in prisons is a complex experience, which requires careful consideration for enhancing professional development for the prison therapist.