Shapiro (2016) underlined the following ethical issues after reviewing various ethical codes present across the world.
Misuse of work
All over the world, available ethical codes made attempts to make it unambiguous that the psychology profession must not be misused by psychologists and other organizations alike. Under no circumstances, the use of the profession must involve a deprivation of basic human rights (American Psychological Association 2010). In cases where any violation of ethical codes is discovered, one must try to either resolve the issue or minimize its effect. Psychologists need to avoid or refuse to participate in practices contrary to the legal, civil or moral rights of others as well as refuse to assist anyone who might use a psychologist’s knowledge to advise, train or supply information to anyone to violate human rights (Canadian Psychological Association 2000).
Competence
It is stated that psychologists must work as per and to the best of their competence boundaries, based on their education, training, supervised experience, consultation, study or professional experience (American Psychological Association 2010). They either are or become reasonably familiar with the judicial or administrative rules governing the roles they play. To determine the competence, we must take into consideration the relative complexity and nature of the service to be provided, relevant training and experience, preparation and study they were able to devote to the matter, and the opportunity for consultation in a particular subject matter area (American Psychological Association 2010). It is the ethical duty of forensic psychologists to inform the referral source as to whether there is a known basis in either research or practice to answer the particular question being asked. They must avoid misrepresentation of research in any way. Awareness of legal and professional standards, law, rules and procedures involved must not lead to threatening or impairment of the rights of the affected individual as well as being sensitive to and knowledgeable about individuals (Canadian Psychological Association 2000).
The basis for scientific and professional judgments
These must be based on established scientific and professional knowledge, up to date research, with relevant literature and continuing education (American Psychological Association 2010; Canadian Psychological Association 2000).
Delegating work to others
Legally known as Vicarious Liability, is the concept of supervision, where the supervisor is responsible for the work of those under his supervision. He must take reasonable steps to avoid delegating the work to people who have some sort of multiple relationships with those being served, that would lead to exploitation or lack of objectivity. (American Psychological Association 2010; Canadian Psychological Association 2000).
Avoiding harm
Although it is rare for a psychologist to use this professional excellence to harm someone deliberately, sometimes the situation arises where harm is delivered unintentionally. Forensic psychologists must consider long-term harms before giving any evaluation. One such example of unintentional harm is a case where a forensic psychologist has to review execution of a criminal. If the culprit is found competent to be executed, he then will be causing harm to a life. In a counter argument, many will believe that if the culprit is not found competent to be executed, he is saving a life as well (Shapiro 2016).
Multiple relationships
It is defined as being in a professional role with a person and at the same time in another with the same person or a closely associated person or promising to enter into another relationship with a person or a closely related person (Shapiro 2016). If the psychologist is required by law, institutional policy or unusual circumstances, to serve multiple roles in legal proceedings, they must clarify their role expectations and the extent of confidentiality at the outset and as circumstances change (American Psychological Association 2010). In addition, forensic psychologists must not assume a professional role if they have any other interest that could possibly impair their competency, objectivity or effectiveness in doing psychological work (American Psychological Association 2010).
Shapiro (2016) presented a case that illustrated the dilemma of multiple relationships in a vivid manner. The psychologist in question was ordered by the court to provide treatment to a child who was sexually abused and to provide periodic reports to the court regarding the same case. She, at all times, regarded her role as a therapist, not a forensic examiner. Later, a complaint was filed by the alleged abuser regarding the incompetency of the psychologist on the grounds that she didn’t follow the ethical guidelines. The psychologist stated that her role, was not forensic, it was therapeutic, and for that reason, she did not need to follow the guidelines. However, she had not made this issue clear until the complaint was filed. In other words, at the time she accepted the child under her supervision, she failed to make herself clear that she was only providing the therapeutic services and that her reports were not to be considered for forensic evaluation.
Exploitation
A forensic psychologist must not exploit those whom one supervises or in which an authority role exists, such as clients, patients, students, supervisees, research participants and employees to further political or business interests, or the best interests of the research participants, students or employees. This exploitation may include soliciting of clients, sexual relationships or frightening individuals into receiving services.
Informed consent
One must seek the consent of both the person involved and the representing council. An attorney must be obtained if the person is legally incapable of providing the consent himself. The forensic psychologist must inform the individual about the different parameters related to the anticipated services such as the limits of confidentiality. Oral consent can be taken in cases where the written consent cannot be obtained. However, in this case, the intervention of examination must be clearly stated and explained to the individual (Shapiro 2016).
There is an intense obligation on the part of the psychologist to find out whether the client is represented by a council or not. The fees, previous personal or professional relationships or any such parameters which can affect the relationship in later stages must be sorted out at the beginning (American Psychological Association 2013). The forensic psychologist must take into consideration what might cause a possible bias such as conflict of interest, examiner’s competence, and the scientific basis or limitations. The informed consent also extends to collateral sources of information that might affect their decision to participate (American Psychological Association 2010).
Confidentiality
It is the prime obligation of a forensic psychologist to take reasonable precautions to protect the client’s confidentiality and must make it clear as or its limits. The disclosure must be made only with the client’s consent or consent of the legally authorized individual; it can also be made without the client’s consent only if mandated by law or when the psychologist uses the information for consultation or protection of the client (American Psychological Association 2010).
Forensic methodology
It is the duty of the forensic practitioner that he must not withhold, distort or modify any relevant information, misinterpret the available evidence, and attempt to avoid or deny the contrary evidence. The forensic psychologist must not make any premature conclusions. Once the conclusion is reached, the psychologist must advocate his opinions forcefully and with appropriate vigor (American Psychological Association 2013). He must accurately represent his credentials, avoiding misrepresentation and maintaining competence in areas of practice and specialty (Canadian Psychological Association 2000). Information reporting must be as accurate not to lead to any alternative hypothesis (Meta code of Ethics 2005).
Documentation
Proper records must be maintained to facilitate the provision of research, institutional requirements, accuracy in billing and compliance with the law. Obviously, confidentiality must still be maintained even while maintaining their records. However, these records can be used in emergency circumstances when required (American Psychological Association 2010). Records must be enough to support the continuity and appropriate coordination of activities with those of others (Canadian Psychological Association 2000).
Assessment
It must be based on sufficient data including a personal examination unless it is not practical. Tests used for the assessment must be reliable and validated. Also, the strengths and limitations of the test data must be discussed.