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Ethics and Professional Issues
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Roles & responsibilities
of the forensic
psychologist
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Consultant
Expert witness
Evaluator
Treatment provider
Researcher
Academic
Correctional
Psychologist
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Professional issues
◦ Licensure &
certification
◦ Resolving ethical
issues
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Ethical & legal issues
◦ The APA Ethics Code
◦ The Specialty
Guidelines for
Forensic Psychology
◦ Ethical issues in the
various roles of the
forensic psychologist
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Term forensic psychologist includes varied roles
No one particular path for becoming a forensic
psychologist
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May be employed in a wide variety of settings
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Roles include, but not limited to:
◦ trial consultant, expert witness, evaluator,
treatment provider, researcher, academic, and
correctional psychologist
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Common to take on multiple roles
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Works with legal professionals, mainly attorneys
to assist in case preparation:
◦ Jury selection
◦ Development of case strategy
◦ Witness preparation
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Rely on research training to develop/execute
research to assist attorneys
◦ Community surveys, focus groups, jury simulations,
shadow juries, mock trials, etc.
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May be involved in both civil and criminal cases
Typically hold advanced degrees
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Testifies in court about specialized knowledge
Clinical forensic psychologists typically testify as
experts after evaluating defendant’s mental state
May also serve as general expert witnesses and
testify about broader psychological principles
May participate in both criminal and civil
proceedings
Usually trained in general psychology or
subspeciality such as clinical psychology
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Evaluation of criminal defendants/parties to civil
litigation with respect to mental health issues
related to the legal issue at hand
◦ Criminal: competency to stand trial, mental state at
time of the offense, risk for future dangerousness
◦ Civil: psychological state after injury or accident,
families involved in custody and access disputes
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May also refer to the evaluation of service
delivery or treatment programs
Typically trained in clinical psychology and
licensed, with forensic specialization
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Provides psychological treatment to individuals
requiring/desiring services
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May work in forensic hospitals, state psychiatric
hospital, private practice, etc.
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Criminal: restoration of competency, treatment
for mental illness, treatment to minimize
likelihood of future violence
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Civil: families going through divorce, treatment
for psychological injury or trauma
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May overlap with evaluator role, some ethical
concerns
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Design and implement research on issues
relevant to forensic psychology and psychology
and the law
May conduct research on mental health law and
policy or program evaluation
May be employed in universities/colleges,
research institutes, government or private
agencies, psychiatric hospitals or other mental
health agencies
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Involved in teaching, research, and a host of
education-related activities such as training and
supervision of students
Trained either generally in psychology or in one of
the specialties (e.g., clinical psychology)
Usually have an advanced degree in psychology,
typically a Ph.D.
Often take on more than this role alone
Typically employed by institutions of higher
learning (e.g., colleges or universities)
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Works in correctional settings with inmates and
offenders
Engage in direct service delivery – both
evaluation and treatment – of individuals
incarcerated or out on probation/parole
In addition to roles of evaluator or treatment
provider, may also take on role of researcher or
expert witness
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Licensure as a psychologist is necessary
whenever engaging in the practice of psychology
with individuals or groups
◦ Required for roles of evaluator treatment provider,
or expert witness (unless very general)
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Some provinces requires doctoral-level degree,
but others allow licence with a master’s degree
May practice psychology in a correctional setting
without a license
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Psychology is a self-regulating profession
Each province has a regulatory board that
administers the relevant Act or statutes
Regulatory boards responsible for
◦ Protecting the public
◦ Requirements for becoming licensed
◦ Developing/enforcing codes of ethical &
professional conduct
◦ Educating/informing public about regulation
◦ Developing/enforcing complaint disciplinary
procedures
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Complaints against professional behavior of
psychologist may be handled by
Bring to attention of offending psychologist
◦ Informal route is efficient where appropriate
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Register complaint with licensing board
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Bring complaint to attention of CPA
◦ Provincial licensing boards have formal mechanisms to
resolve complaints
◦ Can be stressful and time consuming, but generally a
fair means of adjudicating complaints
Core Ethical Principles for Profession of Psychology
1. Doing no
harm/
nonmaleficence
2. Respecting
autonomy
3. Benefiting
others
Psychologists strive to benefit those with whom
they work, while ensuring potential for damage is
eliminated/minimized to greatest extent possible
Rights of individuals to decide how to live (without
interfering with others’ welfare) accepted as
ultimate goal for clients, students, research
participants, & others
Decisions should have potential for positive effect
on others (balanced against other principles)
Koocher & Keith-Spiegel (1998)
Core Ethical Principles for Profession of Psychology
4. Being just
5. Being faithful
6. According
dignity
Actions should be fair and equitable. Others
should be treated as psychologists would want to
be treated under similar circumstances
Issues of fidelity, loyalty, trustfulness, promise
keeping, and respect for those with whom
psychologists work converge to form delicate
standards necessary in fiduciary relationships.
When psychologists are straightforward, sincere,
candid, and without intent to mislead or deceive
anyone, ethical action is more likely.
Psychologists view others as worthy of respect.
Enhances the probability decisions will be ethical.
Koocher & Keith-Spiegel (1998)
Evaluator Role
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When taking on multiple roles with patient/client
as evaluator/treatment provider, must consider
◦ Informed consent, confidentiality, whether
practicing within bounds of competence
◦ In forensic context must grapple with issue of who
is the client (person evaluated, lawyer, court?)
◦ Often no confidentiality for service recipient
◦ Assumption evaluator/treatment provider will be
objective & neutral
Researcher
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Being objective & neutral a prominent issue
Must adhere to ethical guidelines regarding
design and implementation of research
◦ Honest reporting of data, obtaining informed
consent, honesty about risk of harm, ensuring
voluntariness/lack of coercion, ability to withdraw
without consequence
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In treatment research, must consider right to
treatment
Academic
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Multiple roles with students & respecting power
differentials; ensuring proper credit is given in
academic work & publication (+ researcher
considerations)
Expert Witness
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Maintain objectivity & provide info to assist court in
making legal decision
Contingency based payment unethical
Trial Consultant
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Practice within bound of competence; guard against
guaranteeing outcomes; conduct ethical research &
honestly report results; avoid tainting witnesses
Correctional System
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Confidentiality, informed consent, competence, and
who is the client (evaluee or institution?)
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Often put in awkward position of performing multiple
roles on a daily basis
◦ e.g., treatment provider and disciplinarian (training and
expectations in arming during institutional upheaval)
Confidentiality vs. privilege
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Confidentiality: ethical principle prohibiting
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Privilege: legal protection belonging to client that
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Some U.S. states recognize psychotherapist-patient
privilege
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Canada does not recognize a psychotherapist-patient
privilege
psychologists from divulging info about clients to
third parties except under circumstances agreed to
by both parties
ensures protection of communications from
disclosure in legal proceedings
Confidentiality and privilege
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Confidentiality: Psychologists ethically bound to
keep information about clients confidential
However, legally bound to report certain types of
information and break confidentiality
◦ e.g., known or suspected child abuse or elder abuse
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Guard against difficulties by communicating
limits of confidentiality prior to engagement of
services
Confidentiality and privilege
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In case of forensic psychologist, purpose is to assist
court in making decision about legal issue, thus,
unable to maintain confidentiality of info obtained
about the client
Important the client understands this lack of
confidentiality
Forensic psychologists must still respect defendant’s
right to privacy and act ethically and only divulge info
to relevant parties – usually judge, defense,
prosecution