Forensic Psychology Case Study

Case Analysis

Professional and Ethical Issues in Forensic Psych

Samuelu Vaina

Argosy University

Dr. Bernstein

Should the evaluation, which is requested by the warden, be completed? Why or why not?

Standard 3.10 of APA Ethical Principles of Psychologists and Code of Conduct states that when a psychologists performs an assessment or provides services through therapy or counseling, they must obtain the informed consent of the individual or individuals to which these services are applied to (APA, 1992). In order for the consent to be “informed”, the client must have or achieve a clear understanding of the facts, risks, benefits, and other options involved. Informed consent secures the individual as well as ensures the clinician. By acquiring

informed consent, the clinician has confirmation to perform his job duties and conduct assessments. By getting informed consent in writing, the clinician has much clearer evidence of the consent (APA, 1992). Unless an individual can give confirmation that he or she was misled or was not competent to provide consent, such report can minimize hazard for the clinician, depending whether the matter winds up in court. In such proceedings, a written consent will usually legally override later denial of informed consent by a client. However, written consent is neither always possible nor always clinically advised. Consent is most often used prior to beginning of therapy, counseling or psychological assessment. It is also used to authorize psychotherapists to release or reveal confidential information about the patients whom they are treating or have treated.
For the case of Inmate X, the warden also mentions the possibility of labeling assessment under “emergency conditions” which would then make provision of assessment and results without consent appropriate (APA, 1992).

There are, obviously, many exceptions to the process of securing informed consent in psychotherapy and counseling. Emergencies are obvious examples. Many state laws and professional association codes of ethics have provisions that permit or even mandate to release information and provide treatment and assessment under certain circumstances, without an informed consent. These situations may include when a client is in danger to self or others, child or elder abuse or neglect (Appelbaum & Grisso, 1988). However, to perform evaluation under the conditions requested by the warden, covert and without consent, will be considered very inappropriate and threatening to the professional him/herself. The request by the warden also violates standard 1.03 Conflicts between Ethics and Organizational Demands. Standard 1.03 states that “if the demands of an organization with which psychologists are affiliated or for whom they are working are in conflict with the Ethics Code, psychologists must clarify the nature of the conflict, make known their commitment to the Ethics Code, and take reasonable steps to resolve the conflict…..under no circumstances may this standard be used to justify or defend violating human rights” (APA,

2010).

Would your answer change if the psychologist were not a member of APA? Why or why not?

The American Psychological Association does not have jurisdiction over individuals who are not members of the organization.

Therefore, they may not be required by any form of law to adhere to some of the policies, standards, and regulations. However, to answer the question regarding the evaluation of Inmate X without informed consent, the answer would remain the same. One must adhere and recognize all ethical issues involving this decision. One must take steps to protect the individual as well as the integrity of the principles of the association and the profession itself. Informed consent in the field of psychology is extremely important and is most relevant in psychotherapy, counseling, assessment (testing) and research settings. The standard of care in psychotherapy, psychological assessment and mental health research requires that clients be informed so that they fully understand the nature of the proposed interventions or procedures . Informed consent is also relevant in situations where therapists and clients communicate when a client authorizes a therapist to release confidential information or to record a session. It is important that psychotherapists, and all mental health care providers, are cognizant and informed of the clinical, ethical and legal complexities involved in providing and obtaining informed

consent.

References
American Psychological Association. (1992). Ethical Principles of Psychologists and Code of Conduct. APA’s Ethics Code. Accessed: http://www.apa.org/ethics/code/code-1992.aspx.

American Psychological Association. (2010). Ethics and Code of Conduct. 2010 Amendments. Accessed: http://www.apa.org/ethics/code/principles.pdf.

Appelbaum, P. S. & Grisso, T. (1988). Assessing Patient’s Capacities to Consent Treatment. New England Journal of Medicine. 319: 1635-1638. Accessed: http://www.nejm.org/doi/pdf/10.1056/NEJM198812223192504.