To discuss whether or not the two expert witnesses in the case of Commonwealth of Virginia versus Allen (Va. 2005) acted or behaved unethically, it is important to look at the guidelines and principles of their expertise to determine such. It is essential to revisit or review the APA Code of Ethics and the Specialty Guidelines for Forensic Psychologists (Professionals). From these two guidelines or documents, one can determine the proper or appropriate credentials, assessments, scope, relationships, as well as the “don’ts” covered in this discipline or respect. The documents will reveal or allow an evaluation of each expert witness’s performance or service to the client to be either ethical or unethical.
Dr. Ronald M. Boggio is a clinical
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Boggio has treated the defendant in the past and for quite a while. It is clear that the Dr. Boggio established a relationship with the client before he treated or conducted assessments mandated through the Virginia Department of Corrections. Now the question that arises is such: Did Dr. Boggio develop a multiple relationship with the defendant when he provided services for the Virginia Department of Corrections to the defendant? Yes. According to APA Code of Ethics, professionals must examine the relationships shared with patients or defendant in this matter. The examination must consider how the relationships will affect the patient and client; consideration of objectivity with regards to “safeguarding the patient’s rights and dignities” (APA, 2010). Also, according to the Specialty Guidelines, Impartiality and Fairness 1.02 states that professionals must offer and provide unbiased information or testimony in the setting of legal issues (APLS, 2011). How can Dr. Boggio provide unbiased information and testimony after developing a dual relationship with the defendant. He can’t. The relationship developed between him and the defendant became unethical when he responded to the request to provide services to the defendant while acting as a party through the Virginia Department of
The first expert witness represented the Commonwealth of Virginia and is a licensed clinical psychologist. Dr. Ronald M. Boggio’s testimony targeted information from a personal interview with the defendant, he also rendered psychological tests to Mr. Allen to assist in his testimony. When reading the case, it appeared that Dr. Boggio’s had been Mr. Allen’s psychologist is the past or may still be currently. It wasn’t very clear, regardless, he had broad knowledge and experience with the defendant Mr. Allen which leaves his testimony tainted in a sense. The question remains, was his actions ethical or not.
The 2014 ACA Code of Ethics provides structure that protects clients. Responsibilities that counselors to be aware of is avoid imposing their own values, attitudes and beliefs on clients (Ethics, 2014). Developing a relationship with clients requires providing counseling in a culturally sensitive manner (Ethics, 2014). Counselors respect the diversity of clients take measures to ensure that they are not of risk of imposing their values onto clients (Ethics, 2014).
Dr. Ronald M. Boggio, Ph.D., a licensed clinical psychologist, was the one that Allen (the client) was referred to by the Virginia Department of Corrections (as required by Code 37.1-70.4 (C)), for an evaluation report in which he conducted and completed. Dr. Boggio, was also an expert witness testifying for the Commonwealth of Virginia. Under Multiple Relationships which both covered by APA code of ethics sub-category 3.05 and Specialty Guidelines code 4.02; that he should have refrain from entering into multiple relationship if it could reasonably be expected to impair his objectivity, in performing his duty as a psychologist. Dr. Boggio is involved in a personal or other relationship with an adverse party; at the same time is in a professional relationship with his client. Furthermore, he should be careful to observe his professional relationship with his patient and how it will affect the case as well as his professional relationship with his patient that he will testify against.
This may lead to a difficult evaluation, the psychologist needs to obtain information that may be incriminating and not benefit the defendant if they provide it. The defendant has no control over how that information is used. (Datz,1989) Such issues as prescription authority ,where the psychologist is able to prescribe medication for their client has become an ethical issue. Many psychologists themselves believe that prescription should be be given by medical graduates with full training (Boschert 1998).This is backed up by 43% of responding to an American Psychological Association survey indicating that they believed that full medical training would be required for prescription.(APA 1992a
During the Cameron Hooker trial, there was a “battle of the experts” in which both the defense and prosecution called upon forensic psychologists as expert witnesses. Expert witnesses are used in cases to provide insight based on there area of expertise. The extensive knowledge they have in there field can hopefully clear up any misconceptions in the case for all those involved. One area in which the expert witnesses tried to clear discrepancies in the case was Colleen Stan’s submissiveness to Hooker as well as her lack of attempt to escape captivity.
The APA ethical guidelines help to ensure that all psychological research maintains the integrity that it does not do harm or conflicts with the majority of the human populations moral ethical codes. However, in some situations the APA ethical guidelines must be viewed as just that: guidelines. If a study has the potential to benefit humanity as a whole and does not result in the permanent or irreparable harm to a human being then some guidelines must be permitted to be stretched or even broken in the interest of human advancement and scientific progression. After all the goal and responsibility of a psychologist is to enhance our understanding of human behavior as well as to find ways to use this information to better society and humanity
There are multiple precautions and/or practices that private practitioners can adopt that will minimize their liability, while also promoting the best possible practice and therapy for their clients. Following the Code of Ethics, while maintaining current educational and supervision practices also help.
A hypothetical experiment is proposed that inquires into the effects of cutting a specific part of the hypothalamus of cats. In the experiment, cats would have a surgery in which their hypothalamus is cut, when the cat would recover from the surgery, their behavior would be observed. The cats would then be painlessly euthanized via an injection of poison. This research raises a question as to whether the experiment is ethical and follows the guidelines described in the Guidelines for Ethical Conduct in the Care and Use of Animals (developed by the American Psychological Association's Committee on Animal Research and Ethics [CARE]). After careful examination of the APA CARE guidelines, the experiment would be ethical because there were no technical
The APA code of ethics general principles intent is to guide and inspire psychologist toward the highest ethical standards of the profession. The five basic principles are beneficence and nonmaleficence, fidelity and responsibility, integrity, justice, and respect for people’s rights and dignity.
This paper discusses the different roles that are taken on by a forensic psychologist, and how those roles interact and affect each other and how the psychologist is about to do his/her job. It looks briefly at the history of the field. We discuss the forensic psychologist as the consultant, the therapist, the researcher, as well as the expert witness. This paper also discusses predicting dangerousness and whether or not an expert can predict dangerousness. Finally we look at conflicting roles and ethics in the field.
At this point as a student, I believe I have a firm grasp on the foundations of the ACA Code of Ethics. The ACA Code of Ethics is organized for several valuable reasons. The ACA Code of Ethics serves the community, the members of the ACA, and helping professionals (CASEBOOK). The ACA Code of Ethics was created to protect and promote the wellness of the community, educate members of the helping profession and community, improve the practice of helping professionals, and protect the clients and the practitioners (LEGAL). The approach the ACA Code of Ethics uses is holding health professionals accountable for their clients. This allows clients to be protected and to be counseled in a safe and non-judgmental environment. There are five core values the ACA holds for all helping professionals. The first is enhancing growth and development for clients. The second core value is brining awareness to diversity and multicultural views. Third value is to promote social justice. Fourth value is building integrity and trust with the client. The last core value is practicing in an ethical manner (CASEBOOK). I understand the reason behind the ACA Code of Ethics, however I hope this class will teach me more about the individual codes.
While there are many different aspects of psychology, all mental health specialists have the same goal in mind and that is to provide assistance to those suffering from mental illness through service, advocacy, and education. Therefore, forensic psychologists are no longer the only mental health professional acting as an expert witness in court. Therapeutic psychologists are being called to testify, although most therapeutic psychologist try to stay out of the courtroom due to ethics and not wanting to engage in a dual relationship with their patients. There are ethical principles against this, therefore therapeutic psychologists find themselves in this predicament a lot. Forensic psychologists should never serve as a therapeutic psychologist while representing a patient in a case for the reason that it is deemed unethical according to the Specialty Guidelines for Forensic Psychologist. Guideline 4.02 speaks on how having a multiple relationship with a patient could impair objectivity and/or cause exploitation or other harm to them (American Psychology, 2001). According to Kalmbach et al. the best practice for a forensic psychologist asked to provide both forensic and therapeutic services is for them to refer the patient to another qualified professional.
In an effort to determine whether or not the role of a therapist and that of a forensic professional can coexist as a multiple relationship (ethically) for any given single client, an analytical review of the facts will be presented and a standpoint rendered. It is the initial conclusion that these roles cannot indeed ethically be ‘piggy-backed’ one on the other for the same client in any legal proceeding. It is, however, the opinion that these two roles can be managed by one individual simultaneously if the individual seeking therapeutic services or seeking forensic services is not one in the same client. It is my view that these two roles can be administered by one individual professional with the proper training, but not for the same
Clinical psychologists focus on assessment, diagnosis, treatment, and prevention of mental health disorders. However, forensic psychologists focus on clinical psychology from a legal aspect. Clinical and forensic psychologists are summoned to provide testimony during hearings. However, they provide to different types of testimonies – clinical psychologist provides detail on treating the patient- forensic psychologist provides detail on scientific methodology according to the Daubert standards. Additionally, they have to uphold the code of ethics when working with the individual (APA, 2015). This paper will compare and contrast the assessment employed by clinical and forensic psychologist, as well as comparing and contrasting for roles.
Years later, the issue of immunity regarding expert witnesses was revisited in the “Jones vs Kaney” case as stated by (Manby and Yeginsu, n.d.). In this case, Mr Jones, the claimant wanted to claim for his injuries after a traffic accident. He instructed his psychiatrist, Dr Kaney, to act as an expert witness. Initially, she supported his claim by identifying that Mr Jones had a “post-traumatic stress disorder” as stated by (baili.org, 2011). However, after a phone conversation with the defendant’s expert, she signed a joint statement with the defendant’s expert which stated that she found Jones to be “be deceptive and deceitful in his reporting” as stated by (baili.org, 2011), suggesting that the claimant was exaggerating his physical symptoms. This weakened Mr Jones’ claim. However, it was