At 17 years old, the ethics guidelines for forensic psychologists are ancient considering all of the changes in the field since 1991. A revision to these Specialty Guidelines for Forensic Psychologists has been in the works for several years now. The previous draft by the revisions committee of the American Psychology-Law Society (Division 41 of the American Psychological Association) came out two years ago, in January of 2006. Finally, the long-awaited third official draft has been released and is open for public comments. The latest changes to the guidelines will also be the topic of a presentation at the AL-LS annual convention in Jacksonville later this week. For those of you who are attending the convention (I won’t be there this year), the presentation is on Saturday at 4:45 p.m.
The Specialty Guidelines are "aspirational," meaning they recommend but don't mandate appropriate professional behavior and conduct for forensic psychologists. They are meant to be used in conjunction with applicable laws, rules and regulations, and ethics codes such as that of the American Psychological Association.
Public comments on the latest draft can be emailed to sgfpdraft@yahoo.com or mailed to Randy Otto, Ph.D., 13301 North 30th Street, Tampa, FL 33612. When submitting comments please identify the specific section you are referencing (e.g., 7.01, 8.03.03) and provide recommended alternative language when appropriate.
The third draft is available here. The previous (2006) draft is here; the original guidelines are here.
March 3, 2008
February 28, 2008
My favorite judge passes away
In the course of my work as a legal affairs journalist, I got to know many judges. But none came close to matching Alfred Delucchi in compassion, integrity, fairness, intelligence or humor. Delucchi rose from humble roots as the son of an Oakland, California garbage collector, and perhaps it was his working-class roots that made him so common-sensical and down to earth. He has been described as "a judge from the old guard," whose winning personality permeated the courtroom. Delucchi's biggest moment of fame came after his retirement, when he was appointed to preside over the circus-like Scott Peterson trial, but he will be remembered by many people who had the good fortune to encounter him in lesser-known cases as well. As one reporter who met him while covering the Peterson trial put it, "He was one of those people in life that you run into and you just never forget."
The full obituary is here. Here is an older profile of the remarkable jurist, again from the S.F. Chronicle. And here is an interview entitled "Lawyers who lead" from Santa Clara Law.
The full obituary is here. Here is an older profile of the remarkable jurist, again from the S.F. Chronicle. And here is an interview entitled "Lawyers who lead" from Santa Clara Law.
Video: Never-released Abu Ghraib photos
As an expert witness on behalf of a guard at the infamous Abu Ghraib prison in Iraq, psychologist Philip Zimbardo of Stanford prison experiment fame was privy to many photographs taken by the abusive guards. Today, Wired magazine published a short video by Zimbardo that includes previously unreleased photos. The video is explicit, gruesome and troubling, so "viewer discretion is advised." Wired has an accompanying article with additional resources. Also see Zimbardo's book, The Lucifer Effect (look for my online review on the book's Amazon.com page.)
February 27, 2008
Justices sound cautionary notes on "expert" witnesses
The scandal involving Canadian pathologist Charles Smith is continuing to send shock waves through forensic circles. This week, leading justices gave some cautionary advice in the ongoing judicial inquiry.
First, judges need to become more scientifically literate, so they can critically analyze expert witness testimony and spot junk science. That was the advice from Justice Marc Rosenberg of Ontario, who runs a program that provides such education to judges.
Second, expert witnesses who stray outside their area of expertise need to be reined in. Justice Patrick Lesage, former chief justice of the Ontario Superior Court, told the tribunal that such "roamers" need to be kept on a short leash.
Dr. Smith, the subject of the inquiry, violated both of these tenets. First, he was not trained as an expert in forensic pathology. Second, he often strayed outside his supposed field of expertise. His testimony was central to the convictions of at least a dozen parents and caregivers in the deaths of children.
Lesage said he hesitates to even use the term "expert" because it conveys too much authority. He prefers to call such witnesses "people who, because of their training and experience, were permitted to give an opinion."
The full article, from the Toronto Star, is here. My previous coverage of the Smith scandal is here, here and here.
First, judges need to become more scientifically literate, so they can critically analyze expert witness testimony and spot junk science. That was the advice from Justice Marc Rosenberg of Ontario, who runs a program that provides such education to judges.
Second, expert witnesses who stray outside their area of expertise need to be reined in. Justice Patrick Lesage, former chief justice of the Ontario Superior Court, told the tribunal that such "roamers" need to be kept on a short leash.
Dr. Smith, the subject of the inquiry, violated both of these tenets. First, he was not trained as an expert in forensic pathology. Second, he often strayed outside his supposed field of expertise. His testimony was central to the convictions of at least a dozen parents and caregivers in the deaths of children.
Lesage said he hesitates to even use the term "expert" because it conveys too much authority. He prefers to call such witnesses "people who, because of their training and experience, were permitted to give an opinion."
The full article, from the Toronto Star, is here. My previous coverage of the Smith scandal is here, here and here.
February 22, 2008
Recovered memory therapist placed on probation
Before today's sexual predator hysteria came the satanic ritual abuse scare of the 1980s. Many of the day care providers prosecuted and imprisoned in that era have quietly won their freedom due to flaws in the cases against them. But what about the therapists who helped in their prosecutions?
This week, one of the key therapists involved in the satanic ritual scare agreed to be placed on professional probation for violating Utah codes of professional conduct.
Barbara Snow, a licensed clinical social worker, wrote one of the academic articles credited with fueling satanic hysteria. The article, "Ritualistic child abuse in a neighborhood setting" (Journal of Interpersonal Violence, Vol. 5 No. 4, pp. 474-487), described secret, organized rings of satanists preying upon suburban children - claims that have never been verified with any credible evidence.
The Utah therapist was involved in several of the 1980s prosecutions in Utah. Children she interviewed described satanic rituals, cross-dressing, and the consumption of human excrement. One man she testified against was later granted a new hearing after the Utah Supreme Court questioned Snow's credibility.
The current case involved allegations that Snow planted false memories in two of her relatives, convincing a female relative that she was the victim of satanic abuse and military testing, and convincing a male relative that his father had sexually abused him. When investigators looked into the matter, she allegedly provided them with doctored notes of those therapy sessions.
More information on the current case is available from the Salt Lake Tribune and the Deseret Morning News. Additional background on Snow is here, here, here, and here.
It's fascinating historical reading, but it unfortunately shows that people don't learn from history.
This week, one of the key therapists involved in the satanic ritual scare agreed to be placed on professional probation for violating Utah codes of professional conduct.
Barbara Snow, a licensed clinical social worker, wrote one of the academic articles credited with fueling satanic hysteria. The article, "Ritualistic child abuse in a neighborhood setting" (Journal of Interpersonal Violence, Vol. 5 No. 4, pp. 474-487), described secret, organized rings of satanists preying upon suburban children - claims that have never been verified with any credible evidence.
The Utah therapist was involved in several of the 1980s prosecutions in Utah. Children she interviewed described satanic rituals, cross-dressing, and the consumption of human excrement. One man she testified against was later granted a new hearing after the Utah Supreme Court questioned Snow's credibility.
The current case involved allegations that Snow planted false memories in two of her relatives, convincing a female relative that she was the victim of satanic abuse and military testing, and convincing a male relative that his father had sexually abused him. When investigators looked into the matter, she allegedly provided them with doctored notes of those therapy sessions.
More information on the current case is available from the Salt Lake Tribune and the Deseret Morning News. Additional background on Snow is here, here, here, and here.
It's fascinating historical reading, but it unfortunately shows that people don't learn from history.
Do sex offenders have right to confidential therapy?
Normally, conversations between an individual and his or her therapist are confidential. But do convicted sex offenders lose that legal right to confidentiality?
That was the issue decided by a California appellate court this week.
Reynaldo Corona was mandated into sex offender treatment after being convicted of molesting his teenage stepdaughters. He complied with required group treatment through the Parole Outpatient Clinic (POC). But in addition, he voluntarily sought his own private therapy, for which he paid out of his own pocket.
When his parole agent found out, Corona was threatened with a return to prison unless he signed a waiver of privilege allowing his private therapist to communicate with parole officials.
On Wednesday, a Second District appellate court upheld the trial court's opinion that the parole requirement is unreasonable. As the court pointed out, such oppressive restrictions would discourage parolees from obtaining treatment that might reduce their risk to society.
Corona's decision to seek private therapy "would seem to be something for which he should be credited, rather than penalized," the court commented. "The People have not identified a nefarious reason for Corona's decision to engage in additional therapy."
The opinion is here. Hat tip to Adam Alban, who has further commentary at his Clinical Lawyer blog.
That was the issue decided by a California appellate court this week.
Reynaldo Corona was mandated into sex offender treatment after being convicted of molesting his teenage stepdaughters. He complied with required group treatment through the Parole Outpatient Clinic (POC). But in addition, he voluntarily sought his own private therapy, for which he paid out of his own pocket.
When his parole agent found out, Corona was threatened with a return to prison unless he signed a waiver of privilege allowing his private therapist to communicate with parole officials.
On Wednesday, a Second District appellate court upheld the trial court's opinion that the parole requirement is unreasonable. As the court pointed out, such oppressive restrictions would discourage parolees from obtaining treatment that might reduce their risk to society.
Corona's decision to seek private therapy "would seem to be something for which he should be credited, rather than penalized," the court commented. "The People have not identified a nefarious reason for Corona's decision to engage in additional therapy."
The opinion is here. Hat tip to Adam Alban, who has further commentary at his Clinical Lawyer blog.
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