discussion

 

he three specialty guidelines I could find challenging while performing a forensic assessment are: 

3.01 Provision of Services
Forensic practitioners are encouraged to establish explicit agreements detailing the scope of their services, time frames, and compensation. If a client breaches this agreement or behaves in a way that necessitates the practitioner to violate ethical, legal, or professional obligations, the forensic practitioner may terminate the relationship.

3.03 Communication
Forensic practitioners strive to keep their clients reasonably informed about the status of their services. They comply with reasonable requests for information from their clients and consult with them about any significant limitations on their conduct or performance. This consultation occurs when practitioners believe their clients expect a service that may not align with their professional obligations. Forensic practitioners also aim to keep their clients updated regarding any new facts, opinions, or potential evidence that may be relevant.

8.01 Release of Information
Forensic practitioners should recognize the importance of complying with properly issued subpoenas, court orders directing the release of information, or other legally valid consent from authorized individuals unless they have a legitimate reason to object. When uncertain about the appropriate response or course of action, forensic practitioners may seek assistance from the retaining client, consult their attorney for legal advice, or formally notify the issuer of the subpoena or order regarding their uncertainty. Adequately noticed and served subpoenas, court orders directing the release of information, or other legally proper consent from duly authorized persons unless there is a legally valid reason to offer an objection. When in doubt about an appropriate response or course of action, forensic practitioners may seek assistance from the retaining client, retain and seek legal advice from their attorney, or formally notify the drafter of the subpoena or order of their uncertainty (American Psychological Association, 2011).

Providing services can be challenging because this guideline highlights the importance of psychologists possessing the necessary competence in their area of specialization. However, assessing one’s competence can be subjective, making it challenging for psychologists to determine when they have achieved the required level of proficiency or when they may need additional training. Communicating through non-face-to-face methods, such as emails, telehealth, or written reports, can be challenging regarding clarity, tone, and establishing a strong therapeutic connection. This is especially important as telehealth and remote work have become more prevalent, as these methods may not convey the richness of in-person communication. Psychologists face the challenge of balancing confidentiality with legal obligations in forensic settings. Courts, attorneys, or law enforcement may request information that could jeopardize a client’s privacy. Unlike therapeutic settings, forensic clients usually do not have complete control over their records. The psychologist’s primary responsibility is often to the legal system rather than the individual, which can lead to ethical dilemmas.

Avoid treating and conducting forensic evaluations for the same client. If it is unavoidable, document any role limitations and potential conflicts. Maintain professional independence by clearly defining the psychologist’s role from the beginning. Establish boundaries to prevent undue influence from legal parties. In case of a conflict (if both prosecution and defense request records), remain neutral and only disclose what the law necessitates. If an attorney or another party pressures you to reveal sensitive information, refer to ethical guidelines and, if needed, seek a court ruling before releasing any data. Utilize standardized and validated assessment instruments to reduce subjective interpretations. Participate in bias-awareness training and request peer evaluations for significant cases. With influence from legal professionals or law enforcement, professional autonomy in psychology can be ensured by defining the psychologist’s role from the beginning. Establish limits to prevent excessive influence from legal representatives (American Psychological Association, 2010).

American Psychological Association. (2011). Specialty guidelines for forensic psychology.

https://www.apa.org/practice/guidelines/forensic-psychologyLinks to an external site.

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American Psychological Association. (2010). Ethical principles of psychologists and code of conduct. https://www.apa.org/ethics/code/principles