Legal and Ethical Issues Flashcards
Role of law in psychology
governs clinician’s actions to protect vulnerable persons
Risks of law in psychology
un/under-qualified clinicians; treating outside areas of expertise; treatments without empirical support
Ethics
accepted values that guide decisions
4 principles of the CPA code of ethics
respect for the dignity of persons; responsible caring; integrity in relationships; responsibility to society
Respect for the dignity of persons
confidentiality and informed consent
Responsible caring
clinical competence; treatment must maximize benefit and minimize harm
Integrity in relationships
unbiased by affiliations and guided solely by clinical judgement
Responsibility to society
recognize how actions affect society
3 main legal and ethical issues
confidentiality, involuntary confinement, deinstitutionalization
Relevant items from the Canadian Charter of Rights and Freedoms
guarantee of rights and freedoms; no arbitrary detainment or imprisonment; equality before the law
Privilege
right to refuse to disclose information to legal system in all circumstances (e.g. lawyer-client)
2 kinds of confidentiality
privilege and privacy
Privacy
right to choose information being shared in most circumstances (e.g. clinician-client)
Confidential communication between clinician-client
communication is private and client chooses whether and to whom information can be disclosed
Exceptions to clinician-client confidentiality
imminent risk to self or others; suspected harm to a child or dependent adult; driving while intoxicated; court subpoena
CPA code
clinician must breach confidentiality when a 3rd party (identifiable victim or class of victims) is believed to be at risk
Ethical issues in confidentiality
clinician efforts to reduce liability (e.g. asking fewer important questions, vague language); confusion with who the client is (e.g. organization or patient, parent or child)
2 kinds of involuntary confinement
criminal commitment and civil commitment
Criminal commitment
confining person who commits crime due to mental illness to a psychiatric institution
Insanity defense or NCRMD
a legal (not psychological) term; not criminally responsible on account of mental disorder
M’Naghten rule
ability to know an act is legally and morally wrong (“wild beast”), intellectual ability to know right from wrong, ability to apply knowledge rationally (“policeman at the elbow”) is not counted as NCRMD
Irresistible impulse rule
knowing right from wrong but still having the irresistible impulse to act
Neurolaw
evidence of sufficient disordered neural function (e.g. activation in areas consistent with urges) can alter sentence
Role of neural systems in urges
checks and balances impulsive (amygdala) and self-reflective (PFC) behavior
