Forensic Psychology

Introduction

In this study we address several ethical issues of concern for psychologists who are engaged in personality assessment in forensic settings such as for courts or attorneys. The ethical issues reviewed include the role of the psychologist as an expert witness, matters of competence, informed consent, confidentiality, multiple relationships, and special issues related to billing. Emphasis is placed on how psychologists can provide useful information to the courts in a manner consistent with the American Psychological Association's (APA; 1992) Ethical Principles of Psychologists and Code of Conduct, the Committee on Ethical Guidelines for Forensic Psychologist's (1991) Specialty Guidelines for Forensic Psychologists, and the APA's (1994) Guidelines for Child Custody Evaluations in Divorce Proceedings. The practical recommendations made in this article are consistent with the APA's Ethical Principles of Psychologists and Code of Conduct.

Increasingly, psychologists are playing important roles as expert witnesses providing information to the courts or to attorneys who are representing clients before the courts. This article is not intended to be a “how-to” manual for forensic evaluations. Rather, it highlights some common ethical issues that emerge when psychologists conduct forensic personality assessments.

Most doctoral programs do not train students to work in forensic psychology; however, psychologists entering this arena can make serious mistakes if they do not familiarize themselves with its unique rules and ethical dilemmas. Forensic psychology involves legal risks, and the reasons for the increased legal risk are not hard to understand. Although good feelings and a positive therapeutic relationship are common in the psychologist patient treatment relationship, the same degree of good feeling does not necessarily occur in the forensic setting. Indeed, the report of the forensic psychologist, if not favorable to the client being evaluated, may engender intense ill feelings and a desire for revenge that may take the form of a malpractice suit, licensing board complaint, or ethics complaint. The primary source documents that guide psychologists doing forensic work are the American Psychological Association's (APA; 1992) Ethical Principles of Psychologists and Code of Conduct (hereafter referred to as the Ethics Code), which has a special section on forensic psychology, and the Specialty Guidelines for Forensic Psychologists (Committee on Ethical Guidelines for Forensic Psychologists [CEGFP], 1991) from Division 41, Society for Law and Psychology. The Guidelines for Child Custody Evaluations in Divorce Proceedings (APA, 1994) are also relevant for child custody evaluations. In addition, psychologists need to know the laws of their state or province, especially regarding the duty to protect, child abuse, and other mandated reporting laws. The article in this issue by Bricklin provides a model with examples for considering ethical dilemmas that may arise in assessment.

Role Of The Expert Witness

A psychologist may be involved in a forensic examination either as a court-appointed evaluator or as an employee of an attorney. When attorneys hire psychologists, their work falls trader the attorney—client privilege, and some courts have ruled that the attorneys may, after reviewing the reports or comments of the psychologists, choose not to reveal that information in court (Knapp, VandeCreek, & Fulero, ...