practising ethical forensic psychology

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Forensic Industrial
Psychology
SU 4: Practising ethical forensic
psychology
1
STUDY UNIT 4: PRACTISING
ETHICAL FORENSIC PSYCHOLOGY
• 4.1 Ethical forensic psychology
• 4.2 Ethical issues
• 4.3 Practising forensic psychology
SU 4: Practising ethical 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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psychology
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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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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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psychology
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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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psychology
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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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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
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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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psychology
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PSYCHOLOGY – Scope
• 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.
SU 4: Practising ethical forensic
psychology
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PSYCHOLOGY – Scope
• 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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psychology
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PSYCHOLOGY – Scope
• Industrial psychologists apply the
principles of psychology to issues related
to the work situation of relatively welladjusted adults in order to optimise
individual, group and organisational
well-being and effectiveness.
SU 4: Practising ethical forensic
psychology
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PSYCHOLOGY – Scope
• 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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psychology
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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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psychology
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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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psychology
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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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psychology
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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 to
competence, consent, relationships,
limits to opinion and truthfulness and
candour?
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psychology
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Activity in class – Chapt 4
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
4: Practising ethical forensic
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consequencesSUthereof
psychology
(3)
•
•
•
•
•
•
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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psychology
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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
SU 4:Medical
Practising ethical Board.
forensic
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psychology
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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psychology
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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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psychology
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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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psychology
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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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psychology
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Answers
• The rules that apply to therapy are different
from 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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psychology
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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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psychology
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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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psychology
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Self assessment
• Hand out paper
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psychology
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The end
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psychology
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