1. SU 4: Practising ethical forensic psychology 1 Forensic Industrial Psychology

2. SU 4: Practising ethical forensic psychology 2 STUDY UNIT 4: PRACTISING ETHICAL FORENSIC PSYCHOLOGY 4.1 Ethical forensic psychology 4.2 Ethical issues 4.3 Practising forensic psychology

3. SU 4: Practising ethical forensic psychology 3 Introduction Ethical principles are crucial in the field of psychology, and even more so in forensic psychology. See www. Hpcsa.co.za

4. SU 4: Practising ethical forensic psychology 4 LEARNING OUTCOMES Explain which organisations/councils control the behaviour of psychologists in the forensic field in South Africa and have laid down ethical principles for psychologists to follow. Discuss the functions of ethical codes Explain the concept of ethics in psychology Describe certain issues involved in practising ethical forensic psychology

5. SU 4: Practising ethical forensic psychology 5 4.1 ETHICAL FORENSIC PSYCHOLOGY Ethical guidelines and principles are not legally enforceable unless they have been incorporated into the law. Organisations have their own ethical guidelines. If you belong to an organisation that has a published ethicalcode, the organisation is entitled to punish you if you breach the code.

6. SU 4: Practising ethical forensic psychology 6 4.1 ETHICAL FORENSIC PSYCHOLOGY All psychologists in South Africa are registered with the Health Professions Council of South Africa and are obligated to adhere to the Medical, Dental and Supplementary Health Services Profession Act 56 of 74, and its amendments.

7. SU 4: Practising ethical forensic psychology 7 PROFESSIONAL BOARDS PSYCHOLOGY (HPCSA) We are constituted in terms of the Regulations relating to the Constitution of the Professional Board for Psychology, Regulation No. R1066 dated 28 July 2003. There are five categories of registration in psychology, i.e. Clinical, Counselling, Educational, Industrial and Research Psychology.

8. SU 4: Practising ethical forensic psychology 8 PROFESSIONAL BOARDS PSYCHOLOGY (HPCSA) The following professions are registered under our auspices: Psychologists Intern Psychologists Student Psychologists Registered Counsellors Psychometrists Psychotechnicians

9. SU 4: Practising ethical forensic psychology 9 PSYCHOLOGY – Scope Clinical psychologists assess, diagnose, and intervene in order to alleviate or contain relatively serious forms of psychological distress and psychopathology, or what is commonly referred to as "abnormal" behaviour.

10. SU 4: Practising ethical forensic psychology 10 PSYCHOLOGY – Scope Counselling psychologists assist relatively well-adjusted people in dealing with normal problems of life concerning all stages and aspects of a person’s existence in order to facilitate desirable psychological adjustment, growth, and maturity.

11. SU 4: Practising ethical forensic psychology 11 PSYCHOLOGY – Scope Educational psychologists assess, diagnose and intervene in order to facilitate the psychological adjustment and development of children and adolescents within the contexts of family, school, social or peer groups and communities.

12. SU 4: Practising ethical forensic psychology 12 PSYCHOLOGY – Scope Industrial psychologists apply the principles of psychology to issues related to the work situation of relatively well- adjusted adults in order to optimise individual, group and organisational well-being and effectiveness.

13. SU 4: Practising ethical forensic psychology 13 PSYCHOLOGY – Scope Research psychologists address any of the above professional categories, not to render services to the public in that field, but to apply research methods and techniques in order to contribute to the knowledge base of that particular field.

14. SU 4: Practising ethical forensic psychology 14 Your own ethical file Ethical Code of Professional Conduct, 1999 (Medical, Dental and Supplementary Health Services Profession Act 56 of 74) Guidelines for Child Custody Evaluations in Divorce Proceedings (1994) Guidelines for Psychological Evaluations in Child Protection Matters (1998) Specialty Guidelines for Forensic Psychologists (1991)

15. SU 4: Practising ethical forensic psychology 15 4.2 ETHICAL ISSUES When working in the forensic field you are considered to be an expert who does specialised work Ethical Code of Professional Conduct, 1999 Concepts that have bearing on ethics include, but are not limited to:

16. SU 4: Practising ethical forensic psychology 16 ETHICAL ISSUES (cont) competence consent relationships limits to opinion truthfulness and candour maintenance of expert witness role fact witness role

17. SU 4: Practising ethical forensic psychology 17 Activity in class – Chapt 4 (1) What questions would you ask an expert to prove/question his/her credibility? (2) How would you approach a forensic evaluation, with specific reference to competence, consent, relationships, limits to opinion and truthfulness and candour?

18. SU 4: Practising ethical forensic psychology 18 Activity in class – Chapt 4 (3) Explain to a client the procedure you are going to follow during the evaluation whatever is said during the evaluation will not necessarily be confidential testing procedure what test you intend using drawing up of a final report distribution of that report the client's right to refuse to undergo psychometric testing, but also the consequences thereof

19. SU 4: Practising ethical forensic psychology 19 Activity in class – Chapt 4 (4)How would you handle a situation in which a mother approaches you and asks you to evaluate her daughter? She suspects that her husband (the child's father) is molesting the child. She does not want the father to know that she has brought the child for an evaluation.

20. SU 4: Practising ethical forensic psychology 20 Feedback on Q 4 The Medical Board states clearly that both parents should give consent when a child is evaluated. South African law, however, states that it is not necessary to obtain consent from both parents. However, although you will not be prosecuted by law if you see the child without the consent of the father, the father still has the right to report you to the Medical Board.

21. SU 4: Practising ethical forensic psychology 21 Feedback on Q 4 Therefore, you should be able to explain your conduct to the Medical Board. In this specific case you could argue that the child's psychological and physical well being were in danger and that you decided to proceed on those grounds.

22. SU 4: Practising ethical forensic psychology 22 Case study Mr Therapist had been seeing John in therapy for more than a year. John was suffering from severe depression, for which a psychiatrist had put him on medication. John decided to terminate therapy because his medical aid had reached its limit and he could no longer afford therapy or medication.

23. SU 4: Practising ethical forensic psychology 23 Case study (cont) Two months after terminating therapy, John killed his wife Sue, and then tried to commit suicide. His suicide attempt was unsuccessful, however, and he survived. During the investigation, John mentioned that he had been in therapy with Mr Therapist.

24. SU 4: Practising ethical forensic psychology 24 Questions 1)If Mr Therapist were called to testify, would it be as an expert or as a fact witness? Give reasons for your answer. 2) Should Mr Therapist obtain John's consent to testify? 3) What should Mr Therapist do if John did not give consent, but were subpoenaed by the court?

25. SU 4: Practising ethical forensic psychology 25 Answers The rules that apply to therapy are different from those that apply to forensic assessment. In a forensic assessment, the client knows from the beginning that ``confidentiality'' does not exist. Practising ethical forensic psychology however, Mr Therapist had been seeing John in his capacity as a therapist and a therapeutic relationship had evolved.

26. SU 4: Practising ethical forensic psychology 26 4.3 PRACTISING FORENSIC PSYCHOLOGY When practising forensic psychology, you should be careful how you approach clients, settle on fees and draw up documentation. Ethical principles that apply to the field is important. Your credibility as a professional in the field of psychology will be questioned if you breach any of these principles.

27. SU 4: Practising ethical forensic psychology 27 4.3 PRACTISING FORENSIC PSYCHOLOGY (cont) Even after you have drawn up your final report and had your day in court, you still have responsibilities towards your client with regard to records and filing. Some cases may be reopened or a parent might decide to apply to reverse custody, which might have been awarded more than 10 years ago.

28. SU 4: Practising ethical forensic psychology 28 Self assessment Hand out paper

29. SU 4: Practising ethical forensic psychology 29 The end