Forensic Industrial Psychology

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Forensic Industrial Psychology
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STUDY UNIT 4 PRACTISING ETHICAL FORENSIC
PSYCHOLOGY

• 4.1 Ethical forensic psychology
• 4.2 Ethical issues
• 4.3 Practising forensic psychology

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Introduction

• Ethical principles are crucial in the field of
  psychology, and even more so in forensic
  psychology.
• See www. Hpcsa.co.za

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LEARNING OUTCOMES

• Explain which organisations/councils control the
  behaviour of psychologists in the forensic field
  in South Africa and have laid down ethical
  principles for psychologists to follow.
• Discuss the functions of ethical codes
• Explain the concept of ethics in psychology
• Describe certain issues involved in practising
  ethical forensic psychology

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4.1 ETHICAL FORENSIC PSYCHOLOGY

• Ethical guidelines and principles are not legally
  enforceable unless they have been incorporated
  into the law.
• Organisations have their own ethical guidelines.
• If you belong to an organisation that has a
  published ethicalcode, the organisation is
  entitled to punish you if you breach the code.

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4.1 ETHICAL FORENSIC PSYCHOLOGY

• All psychologists in South Africa are registered
  with the Health Professions Council of South
  Africa and are obligated to adhere to the
  Medical, Dental and Supplementary Health Services
  Profession Act 56 of 74, and its amendments.

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PROFESSIONAL BOARDS PSYCHOLOGY (HPCSA)

• We are constituted in terms of the Regulations
  relating to the Constitution of the Professional
  Board for Psychology, Regulation No. R1066 dated
  28 July 2003.
• There are five categories of registration in
  psychology, i.e. Clinical, Counselling,
  Educational, Industrial and Research Psychology.

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PROFESSIONAL BOARDS PSYCHOLOGY (HPCSA)

• The following professions are registered under
  our auspices
• Psychologists
• Intern Psychologists
• Student Psychologists
• Registered Counsellors
• Psychometrists
• Psychotechnicians

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PSYCHOLOGY Scope

• Clinical psychologists assess, diagnose, and
  intervene in order to alleviate or contain
  relatively serious forms of psychological
  distress and psychopathology, or what is commonly
  referred to as "abnormal" behaviour.

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PSYCHOLOGY Scope

• Counselling psychologists assist relatively
  well-adjusted people in dealing with normal
  problems of life concerning all stages and
  aspects of a persons existence in order to
  facilitate desirable psychological adjustment,
  growth, and maturity.

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PSYCHOLOGY Scope

• Educational psychologists assess, diagnose and
  intervene in order to facilitate the
  psychological adjustment and development of
  children and adolescents within the contexts of
  family, school, social or peer groups and
  communities.

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PSYCHOLOGY Scope

• Industrial psychologists apply the principles of
  psychology to issues related to the work
  situation of relatively well-adjusted adults in
  order to optimise individual, group and
  organisational well-being and effectiveness.

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PSYCHOLOGY Scope

• Research psychologists address any of the above
  professional categories, not to render services
  to the public in that field, but to apply
  research methods and techniques in order to
  contribute to the knowledge base of that
  particular field.

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Your own ethical file

• Ethical Code of Professional Conduct, 1999
  (Medical, Dental and
• Supplementary Health Services Profession Act 56
  of 74)
• Guidelines for Child Custody Evaluations in
  Divorce Proceedings (1994)
• Guidelines for Psychological Evaluations in Child
  Protection Matters (1998)
• Specialty Guidelines for Forensic Psychologists
  (1991)

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4.2 ETHICAL ISSUES

• When working in the forensic field you are
  considered to be an expert who does specialised
  work
• Ethical Code of Professional Conduct, 1999
• Concepts that have bearing on ethics include, but
  are not limited to

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ETHICAL ISSUES (cont)

• competence
• consent
• relationships
• limits to opinion
• truthfulness and candour
• maintenance of expert witness role
• fact witness role

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Activity in class Chapt 4

• (1) What questions would you ask an expert to
  prove/question his/her credibility?
• (2) How would you approach a forensic
  evaluation, with specific reference to
• competence, consent, relationships, limits to
  opinion and truthfulness and
• candour?

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Activity in class Chapt 4

• (3) Explain to a client the procedure you are
  going to follow during the evaluation
• whatever is said during the evaluation will not
  necessarily be confidential
• testing procedure
• what test you intend using
• drawing up of a final report
• distribution of that report
• the client's right to refuse to undergo
  psychometric testing, but also the consequences
  thereof

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Activity in class Chapt 4

• How would you handle a situation in which a
  mother approaches you and asks you to evaluate
  her daughter?
• She suspects that her husband (the child's
  father) is molesting the child.
• She does not want the father to know that she has
  brought the child for an evaluation.

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Feedback on Q 4

• The Medical Board states clearly that both
  parents should give consent when a child is
  evaluated.
• South African law, however, states that it is not
  necessary to obtain consent from both parents.
• However, although you will not be prosecuted by
  law if you see the child without the consent of
  the father, the father still has the right to
  report you to the Medical Board.

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Feedback on Q 4

• Therefore, you should be able to explain your
  conduct to the Medical Board.
• In this specific case you could argue that the
  child's psychological and physical well being
  were in danger and that you decided to proceed on
  those grounds.

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Case study

• Mr Therapist had been seeing John in therapy for
  more than a year.
• John was suffering from severe depression, for
  which a psychiatrist had put him on medication.
• John decided to terminate therapy because his
  medical aid had reached its limit and he could no
  longer afford therapy or medication.

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Case study (cont)

• Two months after terminating therapy, John killed
  his wife Sue, and then tried to commit suicide.
• His suicide attempt was unsuccessful, however,
  and he survived.
• During the investigation, John mentioned that he
  had been in therapy with Mr Therapist.

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Questions

• 1) If Mr Therapist were called to testify,
  would it be as an expert or as a fact witness?
  Give reasons for your answer.
• Should Mr Therapist obtain John's consent to
  testify?
• What should Mr Therapist do if John did not
  give consent, but were subpoenaed by the court?

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Answers

• The rules that apply to therapy are different
• from those that apply to forensic assessment.
• In a forensic assessment, the client knows from
  the beginning that confidentiality'' does not
  exist.
• Practising ethical forensic psychology however,
  Mr Therapist had been seeing John in his capacity
  as a therapist and a therapeutic relationship had
  evolved.

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4.3 PRACTISING FORENSIC PSYCHOLOGY

• When practising forensic psychology, you should
  be careful how you approach clients, settle on
  fees and draw up documentation.
• Ethical principles that apply to the field is
  important.
• Your credibility as a professional in the field
  of psychology will be questioned if you breach
  any of these principles.

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4.3 PRACTISING FORENSIC PSYCHOLOGY (cont)

• Even after you have drawn up your final report
  and had your day in court, you still have
  responsibilities towards your client with regard
  to records and filing.
• Some cases may be reopened or a parent might
  decide to apply to reverse custody, which might
  have been awarded more than 10 years ago.

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Self assessment

• Hand out paper

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The end