The American Psychological Association (APA) Ethics code, developed in 2002 and further revised in 2010 and 2017, stipulate appropriate behavior for psychologists in their line of work. The codes have a close relation to legal requirements and guidelines in forensic psychology. The preamble and general principles section of the code is not obligatory; they instead provide an overlay for ethical ideals in the profession. The second section of the code has rules which are enforceable for conduct as psychologists. The APA ethical codes influence diagnosis and assessment, an example being standard 2.01 (a) of the code addressing competence (APA, 2017). The forensic psychologist must have the required training and skills when conducting an evaluation for a diagnosis. Knowledge about the legal situation is also needed when providing an assessment to address relevant psycho-legal matters. Section 9 standard 9.01, Bases for Assessments dictates that forensic assessments should be clear, adequate, and relevant to the case at hand.
The APA-Law Society specialty guidelines were developed to ensure overall quality in the various fields of psychology. Having the guidelines shapes the professional aspect of psychology as they advise specific conduct for psychologists. The APA-LS guidelines carry a lesser weight in contrast to legal guidelines and ethical codes as they are not a basis for criminal or civil liability or disciplinary action. In regards to psychological assessments, the guidelines provide eight stipulations (APA, 2011). The first one advises forensic examiners to focus on legally relevant factors and primarily base their examinations on the case at hand. The rest of the guidelines cover adhering to the best assessment procedures, taking individual characteristics into account, conducting evaluations in reasonable settings, giving appropriate assessment feedback, and proper overall documentation and recordkeeping.
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Forensic psychologists are obligated to be familiar with legal standards and adhere to professional ethics codes and specialty guidelines at all times and in all levels of practice. In some scenarios, however, there is a conflict between the legal and ethical aspects of the specialty guidelines in the state of Maryland. Sec 10.36.05.06 addressing psychological assessment, A(9) dictates that the psychologist should “release test results to patients and clients as appropriate”(Regulations, MSAHP). In a forensic context, the person under evaluation is not the client but can be considered as a patient. In this setting, the patient (a person under evaluation) possibly loses some of their ethical privileges, such as informed consent and confidentiality. To address this conflict, forensic psychologists should clearly recognize the client, i.e., the person or institution to which the psychologist owes primary responsibility. The forensic psychologist should also know the full scope of the case and the parties involved in a bid to determine potential conflicts.
References
American Psychological Association. (2017). Ethical principles of psychologists and code of conduct (2002, amended effective June 1, 2010, and January 1, 2017). http://www.apa.org/ethics/code/index.html.
American Psychological Association. (2011, January 1). Specialty guidelines for forensic psychology. http://www.apa.org/practice/guidelines/forensic-psychology
Regulations, M. S. A. H. P. Annotated Code of Maryland.
