Ethics: forensic psychology

insanity

a legal concept that serves as the basis for a criminal defense in many jurisdictions

competence to stand trial

laws on this vary, but all were derived from the standard set forth in Dusky v. United states (1960) which defined the defendant incompetent if, as the result of mental defect or illness, the defendant lacks “sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and a rational as well as a factual understanding of the proceedings against him”

When evaluating a defendant’s competence to stand trial, the focus is on their psycholegal abilities and impairments, including their capacity to comprehend the charges or allegations, disclose pertinent facts and events to counsel, and testify

fact witness

a person “who testifies as to what they have seen, heard, or otherwise observed regarding a circumstance, event, or occurrence as it actually took place.

expert witness

person “who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions.

guardianship

refers to a legal right given to a person to be responsible for the necessities of another person legally deemed incapable of providing these necessities themselves.

malpractice

for a client or other person to bring a claim of () against a psychologist, 4 claims must be met:

1. the psychologist must have a professional relationship with the person that has established a legal care of duty

2. there must be a professional demonstrable standard of care that the psychologist has breeched

3. the person suffered harm or injury

4. the psychologist’s breach of duty within the context of the standard of care was the proximate cause of the person’s harm or injury

subpoena (steps to respond)

1. determine if the () is a legally valid demand.

2. if valid, a formal response is required, but the psychologist should first contact the client to discuss the implications of providing the requested information

3. if the client consents to disclosure and there is no valid reason for withholding the information, the psychologist should provide the requested information. if the client does NOT consent, the psychologist or their attorney can attempt to negotiate with the party who issued the subpoena.

4. if the client does not consent and the requesting part continues to demand that the information be provided, the psychologist can seek guidance from the court informally through a letter or have their attorney file a motion to quash the subpoena or a motion for a protective order.

testimony

when a request for confidential information arises for the first time during court testimony or deposition, the psychologist may assert the psychotherapist-patient privilege and refuse to provide the information until ordered to do so by the court

court order

when the court issues an order to provide testimony or produce documents and attempts to have the order modified or vacated have been unsuccessful, the psychologist must comply with the order to avoid being held in contempt of the court