Ethics in Forensic Settings

Question 1

What is malpractice?

Answer 1

Improper, illegal, or negligent professional activity or treatment by a medical practitioner

Question 2

What four conditions have to be met in order to claim malpractice?

Answer 2

A duty to the client

A breach of that duty

Harm to the patient

A causal relationship between the breach of duty and harm to the patient

Question 3

What is Administrative Law?

Answer 3

Licensing and disciplinary board processes and worker’s compensation hearings are examples of administrative law.

Question 4

What is Civil Law?

Answer 4

Civil law typically involves one person or entity suing another for damages. Examples include malpractice or personal injury lawsuits (tort law).

Question 5

What is Criminal Law?

Answer 5

Criminal law involves the government prosecuting an individual for illegal behavior.

Psychologists might become involved in criminal cases by testifying about a defendant’s mental capacity to stand trial or by testifying at a sentencing hearing about the defendant’s mental health.

Question 6

How do you know who your client is?

Answer 6

Clarify this detail at the start of services

Who is hiring/retaining you?

Question 7

When you are working for the court system, what must you do?

Answer 7

You must make this relationship known to all parties

Identify clearly who is your client

Question 8

If you are working for the court system, and you are asked to complete a task that may be unethical, what must you do?

Answer 8

Regardless of who the client is, a forensic psychologist must balance the obligation to one’s client with those of one’s professional ethics.

Question 9

If you are asked to complete a court ordered competency for trial, is consent needed?

Answer 9

Consent is not needed for competency to stand trial, but attempt to explain the nature of the evaluation

Question 10

Can an individual refuse to participate in a court-ordered competency?

Answer 10

yes, they can, but there will be legal consequences.

Explain their rights, and if they still refuse, inform the attorney/court

Work with the client, and reach out to the attorney to reschedule. We cannot ethically push through/force a client to participate.

Question 11

Who makes the decision regarding a court ordered competency?

Answer 11

A psychologist provides their findings, and the court makes the decisions regarding the evaluation

Question 12

What is court-ordered treatment?

Answer 12

Treatment is ordered in lieu of jail or prison

Question 13

Is consent necessary to treat an individual during court-ordered treatment?

Answer 13

Yes, consent is needed for treatment

Question 14

What do you do if a client refuses court-ordered treatment?

Answer 14

Postpone the session, notify the attorney, work with the lawyer/ judge

Question 15

Who cannot legally consent?

Answer 15

Individuals who are legally insane

Minors

Question 16

Does a psychologist need to provide information used in informed consent if an individual legally cannot consent?

Answer 16

They must provide the same information as included when parties can consent and make reasonable efforts to seek assent.

Question 17

Can a psychologist have multiple roles/ dual relationships with inmates?

Answer 17

Dual relationships are okay and common, but make sure the decisions do not affect your ethical decision-making/ judgment

Question 18

What should a psychologist do when there is a conflict of interest?

Answer 18

Forensic practitioners are encouraged to disclose the potential risk and make reasonable efforts to refer the request to another qualified provider, if possible.

Question 19

What is a fact witness?

Answer 19

A fact witness has personal knowledge of events pertaining to the case and can testify as to things they have personally observed or witnessed.

Fact witnesses must limit their testimony to facts in regard to evidence they may have observed or been involved (no opinions)

Question 20

What is an expert witness?

Answer 20

An expert witness is a person who, because of his/her special training, knowledge, or experience, is qualified to offer an opinion as testimony in a court proceeding.

Provides an objective and comprehensive evaluation of the legal proceeding.

Question 21

What does the term “insanity” mean?

Answer 21

A legal term and is not a psychiatric term

A mental disease or defect precluded them from understanding the difference between right and wrong

Very rare

Question 22

What does the term “Competence to Stand Trial” mean?

Answer 22

The defendant’s ability to comprehend the charges against him/her, to understand the trial process, and to cooperate with his/her attorney.

Question 23

What are examples of someone not having the competence to stand trial?

Answer 23

Someone with a TBI or a very low IQ

Question 24

What does the term “Guardian ad Litum” mean?

Answer 24

Someone who is appointed by the court for a specific purpose, such as to make decisions for someone who is incapable of doing so.

It is usually court ordered.

Question 25

What is an example of Guardian ad Litum

Answer 25

Kids whose parents cannot make decisions

Question 26

What is a contingent fee?

Answer 26

Fees that depend on the outcome of a case and are often a percentage of the money the client receives.