Ethical Considerations in Forensic Psychology

Over the past five decades, the field of forensic psychology has experienced remarkable growth and transformation. What was once a relatively niche area of practice has now become a vital intersection between psychology and the legal system.

Today, the significance of this specialty is reflected in the establishment of dedicated bodies such as Division 41 of the American Psychological Association (APA), which focuses specifically on issues related to law and psychology.

As the field has evolved, so too have the standards that guide ethical and professional practice. Additionally, A major milestone in this journey was the publication of the Specialty Guidelines for Forensic Psychologists in 1991. These guidelines continue to serve as a foundational resource, ensuring that practitioners uphold integrity, objectivity, and scientific rigor in their work within the justice system.

Related: What is Forensic Psychology

Goals of Legal And Ethical Considerations in Forensic Psychology

• To improve the quality of forensic psychological services
• Enhance the practice and facilitate the systematic development of forensic psychology
• Encourage a high level of quality in professional practice
• Encourage forensic practitioners to acknowledge and respect the rights of those they serve.

Guidelines of Ethical Considerations for Forensic Psychologists by APA

• Responsibilities
• Competence
• Diligence
• Relationships
• Fees
• Informed consent, Notification and assents
• Conflicts in Practice
• Privacy confidentiality and privilege
• Methods and procedures
• Assessment
• Professional and public communication

Here you will find the details of all above mentioned points:

Responsibilities

Moving towards the responsibilities of forensic psychologists while proceeding with a legal case, are as follows:

Integrity

Impartiality and fairness

Avoiding conflicts of interest

Competency

Competency Involves:

Scope of competence

gaining and maintaining competence

Representing competencies

Knowledge of the legal system and legal rights of individuals

Appreciation of individual and group difference

Appropriate use of services and products

Diligence

Diligence includes:

Provision of services

Responsiveness

Communication

Termination of services

Relationships

In their work, forensic practitioners recognize that relationships are established with those who retain their services (e.g., retaining parties, employers, insurers, the court) and, hence, with those with whom they interact (e.g., examinees, collateral contacts, research participants, students).  Forensic practitioners recognize that associated obligations and duties vary as a function of the nature of the relationship.

Responsibilities to Retaining Parties

Multiple Relationships

Fees

Determining Fees

Fee arrangements

Pro Bono services

Informed Consent, notification and assents

Communication with those seeking to retain a Forensic Practitioner

Communication with Forensic Examinees

Persons Not Ordered or Mandated to Undergo Examination or Treatment

Persons Lacking Capacity to Provide Informed Consent

Evaluation of Persons Not Represented by Counsel 

Communication in Research Contexts

Conflicts in Practice

Conflicts with legal authority

Challenges with organizational demands

Resolving ethical issues with fellow professionals

Privacy, confidentiality and privilege

Release of information

Access to information

Acquiring third party information

Use of Case Materials in Teaching, Continuing Education, and Other Scholarly Activities

 Method

Use of appropriate methods

Use of multiple source of information

Opinions Regarding Persons Not Examined

Assessment

Focus on Legally Relevant Factors

 Selection and Use of Assessment Procedures

 Appreciation of Individual Differences

 Consideration of Assessment Settings

 Provision of Assessment Feedback

Documentation and Compilation of Data Considered

 Provision of Documentation

 Recordkeeping

Ethical Issues in working with children

2002 APA  Standards Guide us as:

Focus on:

Competence

Confidentiality

Informed consent

Role clarity

Vigilance, monitoring, and active management as change occurs or new issues arise.

Who can Consent to treatment for a child?

If joint custody then either parent may consent.

Moreover, when legal custody is divided, then forensic psychologist should take consent from both parents.

Related: Specific Intent Crimes