Legal Responsibilities And Rights Of A Forensic Psychologist Research Paper

Length: 9 pages Sources: 9 Subject: Business - Law Type: Research Paper Paper: #29060543 Related Topics: Legal Briefs, Expert Witness, Forensic Psychology, Legal Ethics
Excerpt from Research Paper :

The participants aren't given the right to access the records of forensic scientists. The consent of the concerned party is needed first. A fee is charged for recording keeping purposes.

Accessing the third party evidence requires approval of the attorney and concerned party.

The forensic professionals should be able to protect the identity of the confidential individuals and present the information in a balanced manner. The information concerned is of importance hence.

Methodologies and procedures

Using viable methods

The forensic professionals should use methods and procedures which are legal. The forensic professionals should view a matter from all angles while conducting treatment, examinations, scholarly work and consultation. They should be able to discard all plausible theories pertaining to a case.

Using many sources for checking

The forensic professionals should form an opinion after confirming from multiple sources. They should mention otherwise the limitations and weaknesses in a theory.

Views about people

The forensic professionals can voice their opinions about the psychological features of a person only in oral and written form. They should provide the basis of their opinions too. In any case otherwise the forensic professionals can highlight absence of information.

The forensic professionals should highlight their sources of information in a case while reaching conclusions and suggestions. Otherwise, limitations must be voiced.

Assessment

Concentrate on legal aspects

The forensic professionals should provide commendable evidence on issues and provide relevant information to psycho-legal issues. They should highlight information about the victim's mental capacity, knowledge, ability, beliefs and voice their suggestions in reports. Problems do arise in clinical diagnosis, which should be tackled. They should validate their opinions suitably.

Selecting and using procedures

The forensic professionals should employ procedures and methods, which are relevant in the light of the research. This entails tests, interviews, assessment methods, scoring, adaptation, computer models and other procedures.

The forensic professionals should use methods which are valid and reliable for the said members to be examined. The forensic professionals should use language appropriate for the participant.

The forensic assessments vary from the therapeutic assessments during forensic investigations. The forensic professionals need to select the conventional methods and check their viability. They should verify the viability and safety of the materials and results.

The forensic factors are a bit different too and examination results can be influenced by it. For instance, the participant's willingness, response time and stress caused by the situation can have an effect.

Opinions and contradictions

The forensic professionals should keep an open mind and recognize their own limitations and strengths in a particular case. The assessment process can be influenced by the condition of the victim. It should be mentioned during results and observations. The forensic professionals should maintain an air of comfortably, safety and privacy.

Assessing the feedback

The forensic professionals should explain the results to the participant in layman words. In case, the communication isn't possible, then it should be explained beforehand. They should voice information which is consistent with the legal proceedings and uploading the law. The result must be conclusive.

Documentation and Compilation of Data Considered

The forensic professionals should record and document all the data with respect to a case and allow transparency in court and produce it in front of concerned parties. This includes, test data, evaluation and reports needed in a case. While a third party oversees the evidence, the forensic practitioners should take notice of the law binding such matters.

Proper documentation

The forensic professionals should be able to make all the necessary documents available. This may include subpoena, court orders and consent from the concerned parties.

Safe keeping records

The forensic professionals must adhere to a professional way of record keeping and maintain relevant communication protocol. It varies according to the case, its risks, complications and legal bindings which binds the forensic professional to strive to safe keep evidence.

The concerned parties should know the limits of recordkeeping and its safety. They need to safeguard it, until all the appeals have been dealt with.

Professional communication and other communications

Partiality, precision and avoiding deceit

The professional forensics ensures that their public statements, services, reports and professional opinions aren't deceptive, but completely transparent. Understanding is encouraged. While standing in trials and courts, their job is to provide exemplary understanding of the case and evidence regarding it.

The forensic professionals can't distort and withhold key information regarding a case. They must be prepared and ready with all the data regarding a case. It must admissible in court of law in accordance with professional standards.

While providing forensic evidence and sworn statements, the forensic scientists can't lie and misrepresent information in a court of law. Their position in a case is neutral by...

...

Thus, transparency is encouraged for the findings to be admissible.

Accurate reports, opinions and testimony

While working with the law, the forensic professionals should give sworn statements and testimony and provide with a brief analysis of all their opinions during their work. The data should be highlighted by which the opinions were formed. Additional data can also be useful. The forensic professionals should divulge key findings, which are irrelevant to a discussion or a case.

Opinion about professionals and people in legal issues

While assessing and examining work of professionals, a general air of respect must be present among the professionals. The contradictions must be addressed respectfully. Keep a fair mind. The judgments must be given in a fair and unbiased way.

Outside court statements

The forensic professionals should avoid making public statements. Seldom, educating the masses is necessary. While issuing public statements, the forensic professionals shouldn't divulge private data and distort their statements for that matter.

Opinion on legal matters

The forensic professionals should examine the legal matters while publishing their findings. It is a part of public record. Permission should be taken while publishing such findings from the concerned parties. The forensic professionals shouldn't voice their opinions on matters, they are unaware of. However, they can voice opinions on matters, they are sure of are within their grasp.

Conclusion

It is clear from the aforementioned facts that the forensic field has grown and developed in the preceding 5 decades. Since forensic psychology differs from conventional psychology, special focus in the past many years was given to the legal rights and responsibilities of a forensic psychologist. This paper summarized those very legal rights and responsibilities given the guidelines and processes developed and published by American Psychological Association.

References

American Bar Association & American Psychological Association. (2008). Assessment of older adults with diminished capacity: A handbook for psychologists: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Educational Research Association, American Psychological Association, & National Council on Measurement in Education (in press). Standards for educational and psychological testing (third edition): In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (in press). Guidelines for psychological practice with gay, lesbian, and bisexual clients: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2003). Guidelines on multicultural education, training, research, practice, and organizational change for psychologists: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association. (2004). Guidelines for psychological practice with older adults: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2007). Record keeping guidelines: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2010). Ethical principles of psychologists and code of conduct: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2010). Guidelines for child custody evaluations in legal proceedings: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2011a). Guidelines for psychological evaluations in child protection matters: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2011b). Guidelines for the practice of parenting coordination: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Assocation (2011c). Guidelines for the evaluation of dementia and age related cognitive change: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association Committee on Legal Issues (2006). Strategies for private practitioners coping with subpoenas or compelled testimony for client records or test data: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association Committee on Psychological Tests and Assessment (2007). Statement on third party observers in psychological testing and assessment: A Framework for Decision Making: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association Task Force on Guidelines for Assessment and treatment of Persons with Disabilities (2011). Guidelines for assessment of and intervention with persons with disabilities: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

Bank, S., & Packer, R. (2007). Expert witness testimony: Law,…

Sources Used in Documents:

References

American Bar Association & American Psychological Association. (2008). Assessment of older adults with diminished capacity: A handbook for psychologists: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Educational Research Association, American Psychological Association, & National Council on Measurement in Education (in press). Standards for educational and psychological testing (third edition): In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (in press). Guidelines for psychological practice with gay, lesbian, and bisexual clients: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx

American Psychological Association (2003). Guidelines on multicultural education, training, research, practice, and organizational change for psychologists: In Specialty Guidelines for Forensic Psychology: accessed from https://www.apa.org/practice/guidelines/forensic-psychology.aspx


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