Introduction
Forensic psychologists face numerous ethical dilemmas as they write reports and testimonies related to therapeutic interventions or evaluations in court proceedings (Ackerman, 2006). This paper uses a case study to evaluate some of these ethical dilemmas and underlying ethical codes and standards.
Ethical Dilemmas and Description
The first ethical dilemma that can be noted in the case relates to whether the fundamental role of the forensic psychologist is to the legal facets of his work or to the clinical and scientific standards that he should employ. These competing and often conflicting demands, according to Candilis and Neal (2014), invite consideration of multiple perspectives by the forensic psychologists about whether to be guided by legal components of the case or the clinical and scientific standards that are unique to the individual being evaluated. The second ethical dilemma relates to whether the function of evaluation should be guided by the individual’s legal rights or by society’s requirements for safety and justice (Allan, 2013). The individual in the case study has a legal right to a fair representation and evaluation under the constitution; however, society must be safeguarded from the actions of the offender and justice must be availed to the victims of the offender’s actions.
Information to be Included/Excluded in Report
Available literature demonstrates that “forensic report writing is a core skill of a forensic professional, bridging the gap between the underlying psychological assessment and in-court testimony” (Goodman-Delahunty & Dhami, 2013, p. 32). To maintain the quality of the written report, it is important to include the history of the offender’s sickness (paranoid schizophrenia) and crime (child sexual abuse), his state of mind during the time he committed the offense (offender understood what he was doing was wrong, both legally and morally), his admittance to previously molesting pre-pubescent boys, as well as his score on the test for malingering. The inclusion of this information will be instrumental in ensuring that the relevant stakeholders (e.g., judicial officers and prosecutors) are able to make an informed decision about the culpability of the offender. Information about hearing the offender’s conversion over the phone and predation should also be included in the report to strengthen the case; however, the information about Hepatitis C should be excluded as it does not have any bearing on the case.
Ethical Code and Guidelines
The information given in the report may violate the ethical principle of respect for people’s rights and dignity as well as the ethical standard of informed consent. In the ethical principle, it is documented that “psychologists respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination” (Ethical Principals, 2010, p. 4). Listening to the offender’s phone conversation violates his privacy and confidentiality. In the ethical standards, it is written that “when psychological services are court ordered or otherwise mandated, psychologists inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality before proceeding” (Ethical Principals, 2010, p. 6). Such disclosures were not afforded to the offender and hence constitute a violation of his rights.
Implications/Consequences of Divulged Information
The consequences of the divulged information include (1) legal and ethical problems for the forensic psychologist due to disseminating information that may compromise test integrity, (2) legal and ethical challenges for not explaining to the subject (offender) that the findings of the evaluation are not confidential and will be disseminated to other people, (3) lack of credibility due to the absence of informed consent, and (4) problems arising due to inability to maintain the integrity and security of test materials (Ackerman, 2006; Cramer & Brodsky, 2007).
Conclusion
Drawing from this discussion, it can be concluded that forensic psychologists need to consider ethical issues of informed consent, security of test materials, confidentiality, and integrity in writing their reports. The consideration of these important factors not only addresses the consequences that may arise due to the divulged information but also ensures that the reports and testimonies are objective and credible.
References
Ackerman, M.J. (2006). Forensic report writing. Journal of Clinical Psychology, 62(1), 59-72.
Allan, A. (2013). Ethics in correctional and forensic psychology: Getting the right balance. Australian Psychologist, 48(1), 47-56.
Candilis, P.J., & Neal, T.M.S. (2014). Not just welfare over justice: Ethics in forensic consultation. Legal and Criminological Psychology, 19(1), 19-29.
Cramer, R.J., & Brodsky, S.L. (2007). Under influence or ensuring rights?: Attorney presence during forensic psychology evaluations. Ethics & Behavior, 17(1), 51-60.
Ethical principles of psychologists and code of conduct. (2010). Web.
Goodman-Delahunty, J., & Dhami, M.K. (2013). A forensic examination of court reports. Australian Psychologist, 48(1), 32-40.