SU 4: Practising ethical forensic psychology 1 Forensic Industrial Psychology

SU 4: Practising ethical forensic psychology

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Forensic Industrial Psychology


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STUDY UNIT 4: PRACTISING ETHICAL FORENSIC PSYCHOLOGY

• 4.1 Ethical forensic psychology

• 4.2 Ethical issues

• 4.3 Practising forensic psychology


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Introduction

• Ethical principles are crucial in the field of psychology, and even more so in forensic psychology.

• See www. Hpcsa.co.za


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LEARNING OUTCOMES

• Explain which organisations/councils control the behaviour of psychologists in the forensic field in South Africa and have laid down ethical principles for psychologists to follow.

• Discuss the functions of ethical codes• Explain the concept of ethics in psychology• Describe certain issues involved in

practising ethical forensic psychology


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4.1 ETHICAL FORENSIC PSYCHOLOGY

• Ethical guidelines and principles are not legally enforceable unless they have been incorporated into the law.

• Organisations have their own ethical guidelines.

• If you belong to an organisation that has a published ethicalcode, the organisation is entitled to punish you if you breach the code.


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4.1 ETHICAL FORENSIC PSYCHOLOGY• All psychologists in South Africa

are registered with the Health Professions Council of South Africa and are obligated to adhere to the Medical, Dental and Supplementary Health Services Profession Act 56 of 74, and its amendments.


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PROFESSIONAL BOARDS PSYCHOLOGY (HPCSA)• We are constituted in terms of the Regulations

relating to the Constitution of the Professional Board for Psychology, Regulation No. R1066 dated 28 July 2003.

• There are five categories of registration in psychology, i.e. Clinical, Counselling, Educational, Industrial and Research Psychology.


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PROFESSIONAL BOARDS PSYCHOLOGY (HPCSA)• The following professions are registered under our

auspices:• Psychologists

• Intern Psychologists

• Student Psychologists

• Registered Counsellors

• Psychometrists

• Psychotechnicians


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PSYCHOLOGY – Scope

• Clinical psychologists assess, diagnose, and intervene in order to alleviate or contain relatively serious forms of psychological distress and psychopathology, or what is commonly referred to as "abnormal" behaviour.


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• Counselling psychologists assist relatively well-adjusted people in dealing with normal problems of life concerning all stages and aspects of a person’s existence in order to facilitate desirable psychological adjustment, growth, and maturity.


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• Educational psychologists assess, diagnose and intervene in order to facilitate the psychological adjustment and development of children and adolescents within the contexts of family, school, social or peer groups and communities.


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• Industrial psychologists apply the principles of psychology to issues related to the work situation of relatively well-adjusted adults in order to optimise individual, group and organisational well-being and effectiveness.


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• Research psychologists address any of the above professional categories, not to render services to the public in that field, but to apply research methods and techniques in order to contribute to the knowledge base of that particular field.


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Your own ethical file• Ethical Code of Professional Conduct,

1999 (Medical, Dental and• Supplementary Health Services

Profession Act 56 of 74)• Guidelines for Child Custody Evaluations

in Divorce Proceedings (1994)• Guidelines for Psychological Evaluations

in Child Protection Matters (1998)• Specialty Guidelines for Forensic

Psychologists (1991)


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4.2 ETHICAL ISSUES

• When working in the forensic field you are considered to be an expert who does specialised work

• Ethical Code of Professional Conduct, 1999

• Concepts that have bearing on ethics include, but are not limited to:


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ETHICAL ISSUES (cont)

• competence• consent• relationships• limits to opinion• truthfulness and candour• maintenance of expert witness role• fact witness role


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Activity in class – Chapt 4(1) What questions would you ask an

expert to prove/question his/her credibility?

(2) How would you approach a forensic evaluation, with specific reference tocompetence, consent, relationships, limits to opinion and truthfulness andcandour?


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Activity in class – Chapt 4(3) Explain to a client the procedure you are

going to follow during the evaluation• whatever is said during the evaluation will not

necessarily be confidential• testing procedure• what test you intend using• drawing up of a final report• distribution of that report• the client's right to refuse to undergo

psychometric testing, but also the consequences thereof


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Activity in class – Chapt 4(4)How would you handle a

situation in which a mother approaches you and asks you to evaluate her daughter?

• She suspects that her husband (the child's father) is molesting the child.

• She does not want the father to know that she has brought the child for an evaluation.


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Feedback on Q 4

• The Medical Board states clearly that both parents should give consent when a child is evaluated.

• South African law, however, states that it is not necessary to obtain consent from both parents.

• However, although you will not be prosecuted by law if you see the child without the consent of the father, the father still has the right to report you to the Medical Board.


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Feedback on Q 4

• Therefore, you should be able to explain your conduct to the Medical Board.

• In this specific case you could argue that the child's psychological and physical well being were in danger and that you decided to proceed on those grounds.


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Case study

• Mr Therapist had been seeing John in therapy for more than a year.

• John was suffering from severe depression, for which a psychiatrist had put him on medication.

• John decided to terminate therapy because his medical aid had reached its limit and he could no longer afford therapy or medication.


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Case study (cont)

• Two months after terminating therapy, John killed his wife Sue, and then tried to commit suicide.

• His suicide attempt was unsuccessful, however, and he survived.

• During the investigation, John mentioned that he had been in therapy with Mr Therapist.


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Questions

1) If Mr Therapist were called to testify, would it be as an expert or as a fact

witness? Give reasons for your answer.

2) Should Mr Therapist obtain John's consent to testify?

3) What should Mr Therapist do if John did not give consent, but were subpoenaed by the court?


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Answers

• The rules that apply to therapy are differentfrom those that apply to forensic assessment.

• In a forensic assessment, the client knows from the beginning that ``confidentiality'' does not exist.

• Practising ethical forensic psychology however, Mr Therapist had been seeing John in his capacity as a therapist and a therapeutic relationship had evolved.


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4.3 PRACTISING FORENSIC PSYCHOLOGY

• When practising forensic psychology, you should be careful how you approach clients, settle on fees and draw up documentation.

• Ethical principles that apply to the field is important.

• Your credibility as a professional in the field of psychology will be questioned if you breach any of these principles.


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4.3 PRACTISING FORENSIC PSYCHOLOGY (cont)

• Even after you have drawn up your final report and had your day in court, you still have responsibilities towards your client with regard to records and filing.

• Some cases may be reopened or a parent might decide to apply to reverse custody, which might have been awarded more than 10 years ago.


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Self assessment

• Hand out paper


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The end

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SU 4: Practising ethical forensic psychology 1 Forensic Industrial Psychology