Ethics in Forensic Settings Flashcards
What is malpractice?
Improper, illegal, or negligent professional activity or treatment by a medical practitioner
What four conditions have to be met in order to claim malpractice?
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
What is Administrative Law?
Licensing and disciplinary board processes and worker’s compensation hearings are examples of administrative law.
What is Civil Law?
Civil law typically involves one person or entity suing another for damages. Examples include malpractice or personal injury lawsuits (tort law).
What is Criminal Law?
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.
How do you know who your client is?
Clarify this detail at the start of services
Who is hiring/retaining you?
When you are working for the court system, what must you do?
You must make this relationship known to all parties
Identify clearly who is your client
If you are working for the court system, and you are asked to complete a task that may be unethical, what must you do?
Regardless of who the client is, a forensic psychologist must balance the obligation to one’s client with those of one’s professional ethics.
If you are asked to complete a court ordered competency for trial, is consent needed?
Consent is not needed for competency to stand trial, but attempt to explain the nature of the evaluation
Can an individual refuse to participate in a court-ordered competency?
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.
Who makes the decision regarding a court ordered competency?
A psychologist provides their findings, and the court makes the decisions regarding the evaluation
What is court-ordered treatment?
Treatment is ordered in lieu of jail or prison
Is consent necessary to treat an individual during court-ordered treatment?
Yes, consent is needed for treatment
What do you do if a client refuses court-ordered treatment?
Postpone the session, notify the attorney, work with the lawyer/ judge
Who cannot legally consent?
Individuals who are legally insane
Minors
Does a psychologist need to provide information used in informed consent if an individual legally cannot consent?
They must provide the same information as included when parties can consent and make reasonable efforts to seek assent.
Can a psychologist have multiple roles/ dual relationships with inmates?
Dual relationships are okay and common, but make sure the decisions do not affect your ethical decision-making/ judgment
What should a psychologist do when there is a conflict of interest?
Forensic practitioners are encouraged to disclose the potential risk and make reasonable efforts to refer the request to another qualified provider, if possible.
What is a fact witness?
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)
What is an expert witness?
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.
What does the term “insanity” mean?
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
What does the term “Competence to Stand Trial” mean?
The defendant’s ability to comprehend the charges against him/her, to understand the trial process, and to cooperate with his/her attorney.
What are examples of someone not having the competence to stand trial?
Someone with a TBI or a very low IQ
What does the term “Guardian ad Litum” mean?
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.
