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Ethics in Clinical Psychology

Ethics in Criminal Psychology

APA Ethics Code

According to the APA, psychologists have two main responsibilities in criminal and war-related interrogations: they must protect the health and welfare of the suspect, but also act to protect the safety of society at large.

The APA Ethics Committee was created to "maintain ethical conduct by psychologists at the highest professional level, to educate psychologists concerning ethical standards, to endeavor to protect the public against harmful conduct by psychologists, and to aid the Association in achieving its objectives as reflected in its Bylaws."

Much debate has been happening in recent years regarding the appropriateness of psychologist participation in interrogation.

Most are there for the purpose of providing insight and making sure no psychological boundaries are crossed, but some psychologists have been accused of overstepping those boundaries and using their expertise to exploit the subject.

Modern interrogation resorts to isolation, exposure, prolonged constraint, and sleep and food deprivation.

Most experts argue that psychologists do play a vital role in interrogations, and their presence is necessary overall.

Ethical Principles

of Psychologists

and Code of Conduct

Psychology is very intertwined with the military and combat; we know from class that many soldiers and war victims deal with severe psychological problems related to their experiences with war.

Psychologists are also very involved with the psychology of those who participate in war and other crimes.

General Principles

Filing a Complaint with the APA

The Psychologist: Michael Gelles

  • Ethics Code applies to APA members only
  • First try to resolve the issue with the offender on your own
  • What to know:
  • Offender’s APA membership status
  • Offender’s Contact information
  • Unethical behavior and as many details as possible such as date, individuals involved, Ethical Standards believed to be violated
  • Gather evidence of alleged unethical behavior (if possible)
  • Violation of the Ethics Code does not imply violation of the law
  • Newest version effective June 1, 2003
  • Contents:
  • Introduction & Applicability
  • Preamble
  • General Principles
  • "Their intent is to guide and inspire psychologists toward the very highest ethical ideals of the profession."
  • Ethical Standards
  • "Set forth enforceable rules for conduct as psychologists"
  • 2010 Amendments to the 2002 Code
  • A: Beneficence & Nonmaleficence
  • "Psychologists strive to benefit those with whom they work and take care to do no harm."
  • B: Fidelity & Responsibility
  • "Psychologists establish relationships of trust with those with whom they work."
  • C: Integrity
  • "Psychologists seek to promote accuracy, honesty, and truthfulness in the science, teaching, and practice of psychology."
  • D: Justice
  • "Psychologists recognize that fairness and justice entitle all persons to access to and benefit from the contributions of psychology and to equal quality in the process, procedures, and services being conducted by psychologists."
  • E: Respect for People's Rights & Dignity
  • "Psychologists respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination."

King went to Gelles after the confession and expressed his concern of not remembering the actions he confessed to. He asked to be hypnotized in an effort to better recall.

[King] told Gelles that he had no memory of the espionage facts but says that the polygraph examinations prove that he must have done something – a clear misconception that neither Gelles nor the agents correct. King asked for hypnosis and truth serum to determine if this is merely a dream. Gelles told him that he might give King hypnosis if King goes back and gives the agents "corroborating" evidence. Gelles told King that he could trust the agents and says that the agents are clearly his friends, he had a "special relationship" with the agents and the agents "will be with you forever." Gelles virtually ignored the statement of King that he had suicidal thoughts when he left Guam – two days before the interview. Instead, Gelles told King to give corroborating evidence as a precondition for the hypnosis that King sought to clear his doubts as to any espionage.

Specific Case

Ethical v. Unethical Behavior Quiz

The interrogators outnumber the suspect to create intimidation and use misleading language in an attempt to catch the suspect off-guard. Is this ethical?

The interrogators tie the suspect up and and try to physically beat a confession out of the suspect. Is this ethical?

After making a false confession, the suspect tells his therapist his concerns and details what he thinks might have been an unethical interrogation. The therapist concludes the interrogation was unethical, but chooses to do nothing about it. Is this ethical?

Real Life Scenario:

Your client comes in for a session and admits that he murdered his wife last night.

What is the ethically correct thing to do?

A: Sit there and listen. Do not say anything to anyone.

B: Run and hide- your client is a murderer!

C: Call the cops immediately.

Daniel King was charged with espionage in October 1999. He was held for 520 days with no formal charges being made.

"That’s when I started getting interrogated for 17 to 19 hour [sic] at a time," he says. "When we’d get done, I’d go back to the safe house and go into a room. I’d have to leave the door open, the lights would be on, they’d blare the TV, the phone would keep ringing all the time. Even when I went to the bathroom, I had to leave the door open."

After intense interrogation, King confessed to the espionage charges. However, almost immediately after confessing he recanted his confession numerous times, arguing his unethical interrogation forced a confession out of him.

Ethical Standards

Real Life Scenario:

You receive a phone call at 11:00pm on a Friday night from a client who claims they are standing on top of a bridge and about to jump.

What is the ethically correct thing to do?

A: Call the cops immediately.

B: Try to set up an appointment with your client for next week.

C: Go out to the bridge and find your client.

Common

Ethical Violations

APA Guidelines

for Interrogation

1. Resolving Ethical Issues

2. Competence

3. Human Relations

4. Privacy and Confidentiality

5. Advertising and Other

Public Statements

6. Record Keeping and Fees

7. Education and Training

8. Research and Publication

9. Assessment

10. Therapy

History of Ethics in Clinical Psychology

Real Life Scenario:

Your client comes in for a session and admits that her husband is abusing their children.

What is the ethically correct thing to do?

A: Nothing- it's confidential

B: Act according to the client's wishes

C: Contact CPS regardless of the client's wishes

1). Protecting the suspect comes from the "Do no Harm" principle.

2). Aiding in the protection of society stems from the "Do no Harm" principle in regards to harm to society as a whole.

There must be absolute separation between the role of a caregiver and a consult. The psychologist involved in an interrogation is meant to be a caregiver. However, a psychologist can provide "hints" about the suspect in an attempt to aid the interrogation to protect society at large.

Psychologists must report any behavior in an interrogation that is deemed unethical.

Psychologists should observe interrogations to ensure that no "behavioral drift" has occurred.

  • Multiple relationships
  • Confidentiality
  • Informed Consent
  • Expertise
  • Billing
  • End of Therapy

An Introduction to Ethics

Real Life Scenario:

An 18 year old woman comes to you for therapy. A week later her parents leave a voice mail asking why their daughter is seeing you.

What is the ethically correct thing to do?

A: Call the parents back and explain that what is discussed during your sessions is confidential

B: Ignore the message

C: Ask your client if it's okay to talk with her parents

Standard 3: Human Relations

3.01 Unfair Discrimination

3.02 Sexual Harassment

3.03 Other Harassment

3.04 Avoiding Harm

3.05 Multiple Relationships

3.06 Conflict of Interest

3.07 Third-Party Requests for Services

3.08 Exploitative Relationships

3.09 Cooperation with Other Professionals

3.10 Informed Consent

3.11 Psychological Services Delivered to or Through Organizations

3.12 Interruption of Psychological Services

Standard 4: Privacy and Confidentiality

Osheroff v. Chestnut Lodge 1985

Zipkin v. Freeman 1968

  • Mrs. Zipkin and Dr. Freeman engaged in a romantic sexual relationship
  • Harm was not the sex itself, but the breach of trust in relationship
  • Transference phenomenon
  • Exploitative
  • Dr. Freeman was found liable for medical malpractice
  • A patient who was also a physician sued a private psychiatric facility for negligence
  • Claimed the staff failed to prescribe medication
  • Instead treated him according to the psychodynamic model
  • Faculty diagnosed him as having a biologic depression
  • Argued the patient was properly diagnosed as having a narcissistic personality disorder

4.01 Maintaining Confidentiality

4.02 Discussing the Limits of Confidentiality

4.03 Recording

4.04 Minimizing Intrusions on Privacy

4.05 Disclosures

4.06 Consultations

4.07 Use of Confidential Information for Didactic or Other Purposes

What do YOU think?

3.10 Informed Consent

3.02 Sexual Harassment

3.05 Multiple Relationships

"Right to Effective Treatment"

Rosen v. Hammer 1960

Roy v. Hartogs 1976

  • Ms. Roy treated by Dr. Hartogs for lesbianism
  • Treated by engaging in sexual relations
  • Court ruled she experienced coercion by a person in a position of trust and power
  • John Nathaniel Rosen
  • Physically abused patients and called it "direct psychoanalysis"
  • His defense:
  • Treatment was knowingly and freely consented to by mother
  • "Beating" is a recognized form of treatment
  • Mother argued daughter returned from treatment "black and blue"
  • Rosen lost case
  • Stripped of credentials in 1983

http://www.polleverywhere.com/multiple_choice_polls/NbTgXpP6Vxnk4g4

3.02 Sexual Harassment

3.03 Other Harassment

3.04 Avoiding Harm

Weisbeck v. Hess, 1994

Tarasoff v. Regents of the University of California 1974

  • Prosinjit Podder, after being turned down by Tatianna Tarasoff, tell his psychologist Dr. Moore that he wants to shoot Tarasoff
  • Dr. Moore informs Campus Police, but other than investigate Podder, they do nothing
  • Podder ends up stalking and stabbing Tarasoff to death
  • At first, case is dismissed
  • Moore cannot breach confidentiality
  • After appeal, a final ruling states “When a therapist determines, or pursuant to the standards of his profession should determine, that his patient presents a

serious danger of violence to another, he incurs an obligation to use reasonable care to protect the intended victim against such danger.”

  • Cindy Weisbeck was treated by James Hess, Ph.D.
  • November 1986 until June 1987
  • September 1987: Hess hires Weisbeck as a part-time secretary at the center, of which he was the sole owner
  • Two years after counseling ended, Dr. Hess allegedly initiated a sexual relationship with her.
  • Weisbeck's husband sued as a result
  • Wanting to show that Hess had a history of taking advantage of female clients, Mr. Weisbeck sought access to:
  • A list of Hess's patients going back 7 years
  • The right to depose Hess's personal therapist, a social worker named Tom Terry
  • South Dakota Supreme Court denied the request for access to client records and the right to depose Hess's therapist

Morals vs. Ethics

4.01 Maintaining Confidentiality

4.05 Disclosures

^

"Duty to Warn"

mor·al: adjective \ˈmȯr-əl, ˈmär-\

: concerning or relating to what is right and wrong in human behavior

: based on what you think is right and good

: considered right and good by most people

: agreeing with a standard of right behavior

Minnesota's Board of Psychology

Examples of Professional Ethics:

Example of a Personal Moral Belief:

10.05 Psychologists do not engage in sexual intimacies with current therapy clients/patients.

10.06 Psychologists do not engage in sexual intimacies with individuals they know to be close relatives, guardians, or significant others of current clients/patients. Psychologists do not terminate therapy to circumvent this standard.

10.07 Psychologists do not accept as therapy clients/patients persons with whom they have engaged in sexual intimacies.

10.08 (a) Psychologists do not engage in sexual intimacies with former clients/patients for at least two years after cessation or termination of therapy.

"I don't think it's right to have sex with a client or coworker."

eth·ic: noun \ˈe-thik\

: rules of behavior based on ideas about what is morally good and bad

Grounds for ...

How to become a Minnesota Psychologist

  • Violating a Rule of the Board
  • Deception or Fraud
  • Engagement in unprofessional conduct
  • Conviction of a crime/felony
  • Has failed to meet requirements for license renewal

Disciplinary Action

  • Pass an examination
  • Pass a professional responsibility examination
  • Pay fees
  • Attain the Age of Majority
  • Earn a doctoral degree with a major in psychology
  • Complete one full year of supervised psychological employment
  • 11 Members
  • Appointed by the Governor
  • Adopt and Enforce rules
  • Issue licenses
  • Establish and Collect fees
  • Adopt and Implement requirements for continuing education
  • Refusal to grant or renew license
  • Revoke or suspend license
  • Impose a civil penalty
  • Quality review
  • Reimburse costs to the board

What about practicing in multiple states?

Gray Areas:

  • How much do I expose about my personal life?
  • Do I hug a client?
  • Do I accept a gift from a client?
  • Can/Should I acknowledge a client in public?

Other things that can get you in trouble:

Board of Psychology from a Psychologist's Perspective

  • If you practice outside your areas of competency
  • Practicing in a state without a license
  • Dropping a client for no reason

Minor Infractions

vs.

Major Infractions

(Via a Psychologist)

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