Forensic Issues Flashcards
Forensic Psychology
Professional practice by psychologist working within any sub-discipline of psychology when applying the scientific, technical, or specialized knowledge of psychology to the law to assist in addressing legal, contractual and administrative matters
Expert Witness
Special training, knowledge, skill, or experience in an area relevant to resolution of the legal dispute and who is allowed to offer an opinion as testimony in court
Fact witness
Testifies to what he/she has seen, heard, or otherwise observed regarding a circumstance, event, or occurrence
Privilege and confidentiality (forensic)
therapist-patient privilege doesn’t aply when emotional condition is raised as an issue by the patient or the patients representative
No privilege when therapist apppointed to evaluate patient to help the court determine if the defendant is competent to stand trial/state of mind
Case material
Forensic practitioners use case materils for teaching, training or research; attempt to protect privacy of person(s) by disguising confidential personally identifiable information
Court ordered
Psych ordinarily asked to inform the court whether or not client has attended court-ordered therapy sessions and provide the court with progress reports, in most circumstances, client still has to sign a release prior to the psychologist doing so
Informed Consent
Inform service recipient as soon as is feasible
Unless court ordered, psychologists obtain informed consent prior to proceeding with forensic examination
Psych may consider postponing examination and contact attorney if examinee is unwilling to proceed
Insanity Defense
Insanity: Legal concept which states person is not guilty by reason of insanity when, ecause of a mental disease or defect, person lacks substantial capacity to appreciate the wrongfulness of the act or lacks substantial capacity to behave according to the requirements of the law
Subpoenas
Court document requiring a person to appear to give testimony at a deposition or in court with a specified document
Responding to a subpoena
First step: Determine if its legally valid. (If court doesn’t have jurisdiction over psychologist or improperly served subpoena)
Second: Formal response required if valid. Contact client to discuss implications, if client consents provide information. If client does not consent psychologist or attorney can negotiate with party. Psychologist can seek guidance from the court or have their own attorney quash the subpoena or motion for a protective order
Third: Psychologist should claim privilege the first time confidential information arises and refuse to provide information until ordered by the court to do so.
Fourth: Psych must comply with order to avoid being held in contempt of court, to be consistent with ethical guidelines psychologist should release to the court only information that is relevant to the case and present the subpoenaed records to the court in a sealed envelope marked “confidential”
Malpractice
Civil suits that require plaintiff (client) to prove by a preponderance of the evidence, claim that standard of care was deviated from by the psychologist
Conditions for a claim of malpractice
Four conditions must be met:
- Psychologist must have had a professional relationship with the person
- Demonstrable standard of care that the psychologist breached
- Person suffered harm or injury
- Psychologist breach of duty within the context of the standard of care was the proximate cause of the person’s harm or injury
Types of compensation
a. Compensatory damages based on assumption of being restored to pre-harm condition. Payments for past/future work loss, medical care, physical pain and suffering
b. Nominal damages if technically occurred but cannot be translated into monetary terms
c. Punitive damages awarded to penalize the psychologist and are usually awarded only when the psychologist has clearly acted in a reckless, malicious, or willful manner
Reducing risk for a charge of malpractice
Document, document, document