week 15 lecture - ethical and forensic issues in abnormal psychology

aspirational part of code of ethics

general principles to strive for

not hold up in court of law

enforceable part of code of ethics

rules of conduct that can be violated

can be brought to court of law

can have charges against you

general/aspirational principles

beneficence and nonmaleficence

benefit people and do not cause harm

general/aspirational principles

fidelity and responsibility

professional and scientific responsibilities to clients and society

general/aspirational principles

integrity

be honest and forthright

general/aspirational principles

justice

equality to all

treat everyone… do not select patients based on certain criteria/demographics

general/aspirational principles

respect for people’s rights and dignity

autonomy and confidentiality

someone wants to stop receiving your services = let them

what you discuss stays between you unless in certain exceptions

10 ethical standards *court of law

resolving ethical issues

address issues such as plagiarism with colleagues in a professional manner

10 ethical standards *court of law

competence (for clinician not defendant)

what areas are you licensed and experienced to work with expertise

must work within those areas, not outside

10 ethical standards *court of law

human relations

no harassment of coworkers, golden rule, etc.

10 ethical standards *court of law

privacy and confidentiality

***VERY IMPORTANT

maintaining confidentiality and knowing limits of confidentiality

10 ethical standards *court of law

advertising and other public health statements

when you advertise your services = be honest and forthcoming, do not sell intervention that does not stand up to science

10 ethical standards *court of law

record keeping and fees

maintain records for fees and assessment for x years

must be safe and locked

10 ethical standards *court of law

education and training

for educational trainers/teachers = how to teach rising clinicians in a 50/50 clinical and research way

10 ethical standards *court of law

research and publication

always use informed consent

10 ethical standards *court of law

assessment

use up-to-date test instruments/assessments

10 ethical standards *court of law

therapy

***VERY IMPORTANT

avoid dual relationships - if client owns mechanic store = make sure you/your spouse does not bring car there

no sexual relationships with clients

can impact your treatment

what are the 2 most common violations of ethical standards?

confidentiality

multiple/dual relationships

what are the 4 exceptions to confidentiality where clinician MUST breach?

1. danger to self or others

2. disclosure of intention to commit a crime

3. suspected abuse of child, elderly person, resident of an institution, or disabled adult

4. court orders therapist to make records available

what are 4 times when other people see information that should be confidential?

1. clerical people handling info

2. therapist consults with expert/peer *change demographic or descriptive information - emphasize problem

3. therapist is receiving supervision

4. sharing info with other health care professionals with client’s consent - PT, PCP

if client says they will kill a named person, psychologist must do what?

notify police AND victim and victim’s family

in oral and written form

dual relationships

psychologist cannot have romantic relationship with a previous client for __ years after therapy has ended

2

mandated reporters have how long to report signs of neglect or abuse?

24 hrs

forensic psychology

what is forensic psychology

cases where the psychologist is an “expert witness”

forensic psychology

why are psychologists brought in as expert witness?

because injuries in these cases are compensable so need lots of info

what was notable about spyder cystkof’s case

it was the first U.S. case where a judge allowed a brain scan to explain the reason for the aggression the client showed

what does it mean when psychologists determine whether a defendant is competent

are they able to participate in the legal process?

fifth amendment

protection against self-incrimination

sixth amendment

assistance of legal counsel, right to confront accusers, and right to trial by a jury of peers

lawyer, court, jury

capacity to assist counsel

ability to consult with their attorney

competence

defendants must have what 2 things

capacity to assist counsel = ability to consult attorney with understanding

rational and factual understanding of proceedings against them

assessing competence

macCAT-CA would allow us to respond to what

the dusky standard

assessing competence

macCAT-CA measures what 3 competent related abilities

understanding - factual understanding

reasoning - capacity to assist counsel

appreciation - rational understanding

assessing competence

ECST-R

assessing competence

ECST-R and macCAT = which takes interview structure and which takes scenario structure

ECST-R = interview

macCAT = scenario

assessing competence

which assessment detects exaggeration of mental illness

ECST-R

assessing competence

do the macCAT and ECST correlate very much

no, weakly correlate

assessing competence

ECST-R what are the four sections it tests

nature of attorney-client relationship

factual understanding of courtroom

rational understanding of courtroom

atypical presentation for feigned incompetence

can a defendant be deemed competent by one psyschologist and incompetent by a different psychologist?

yes