Aside from an article by Gutheil, Bursztajn, Hilliard, and Brodsky (2004), scant literature exists regarding why forensic mental health professionals refuse or withdraw from cases. The current study collected descriptive information about the reasons mental health experts decline or withdraw from forensic assessments, both early and late in the legal process. In response to an online survey, 29 practicing forensic psychologists and psychiatrists presented examples of case withdrawal from their professional experiences. Their major reasons included ethical issues or conflicts, payment difficulties, and interpersonal or procedural problems with retaining counsel or evaluees. The results indicate that there are compelling personal and professional reasons that prompt forensic mental health experts to withdraw from or turn down cases.

The Sixth Amendment guarantees defendants the right to trial by an impartial jury. Attorneys are expected to obtain information about potential juror biases and then deselect biased jurors. Social networking sites may offer useful information about potential jurors. Although some attorneys and trial consultants have begun searching online sources for information about jurors, the privacy rights of potential jurors’ online content has yet to be defined by case law. Two studies explored the issue of possible intrusion into juror privacy. First, an active jury venire was searched for online content. Information was found for 36% of the jurors; however, 94% of the information was found through simple Google searches. Only 6% of the information we found was unique to other sites. We concluded that searching for potential jurors online is feasible, but that systematically searching sites other than Google is generally not an effective search strategy. In our second study we surveyed attorneys, trial consultants, law students, and undergraduate students about ethical and privacy issues in the use of public domain information for jury selection. Participants evidenced concern about the rights of jurors, the rights of the defendant and accuser, and the role of tradition in court processes.

Prompted by the involvement of psychologists in torturous interrogations at Guantanamo and Abu Ghraib, the American Psychological Association (APA) revised its Ethics Code Standard 1.02 to prohibit psychologists from engaging in activities that would “justify or defend violating human rights.” The revision to Standard 1.02 followed APA policy statements condemning torture and prohibiting psychologists’ involvement in such activities that constitute a violation of human rights (APA, 2010). Cogent questions have subsequently been raised about the involvement of psychologists in other activities that could arguably lead to human rights violations, even if the activity in question is legal. While this language was designed to be expansive in defining psychologists’ ethical responsibilities, it remains difficult to determine whether and how Standard 1.02 might apply to a particular situation.

In the present analysis, we focus on the question of whether psychologists should be involved in death penalty cases. We assert that the APA should not take an ethical stand against psychologists’ participation in death penalty cases. Our position is not intended necessarily to reflect approval or disapproval of the death penalty although we recognize that there are serious flaws in the American legal system with regard to capital punishment. Our perspective is that psychologists have an important role in the administration of due process in capital cases. We oppose a bright-line rule prohibiting psychologists’ involvement in death penalty cases for several reasons. We begin by considering whether the death penalty per se constitutes a human rights violation, move on to describe the basic functioning of the legal system, analyze how the involvement of psychologists actually affects the capital trial process, and end with providing practical advice for psychologists’ provision of ethical services in capital trials.

This report integrated quantitative and qualitative methods across two studies to compile descriptive information about forensic psychologists’ occupational socialization processes. We also explored the relation between occupational socialization and forensic psychologists’ objectivity. After interviewing 20 board-certified forensic psychologists, we surveyed 334 forensic psychologists about their socialization into the field. Results indicated that the occupational socialization processes of forensic psychologists, including socialization about objectivity, varied widely across time and situation as the field has developed. Moreover, three hypotheses regarding occupational socialization were supported. It was positively and significantly associated with years of experience, t(284) = 3.63, p < 0.001, 95% CI = 0.05 – 0.16; belief in one’s ability to be objective, t(296) = 9.90, p < 0.001, 95% CI = 0.69 – 1.03; and endorsement of the usefulness of various bias correction strategies, r = 0.38 (p < .001, one-tailed). The implications of these results and directions for future research are discussed.

The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology's historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and social values. The setting, context, or role is not sufficient to determine the ethics of forensic practice.

We integrate multiple domains of psychological science to identify, better understand, and manage the effects of subtle but powerful biases in forensic mental health assessment. This topic is ripe for discussion, as research evidence that challenges our objectivity and credibility garners increased attention both within and outside of psychology. We begin by defining bias and provide rich examples from the judgment and decision making literature as they might apply to forensic assessment tasks. The cognitive biases we review can help us explain common problems in interpretation and judgment that confront forensic examiners. This leads us to ask (and attempt to answer) how we might use what we know about bias in forensic clinicians’ judgment to reduce its negative effects.

We conducted an international survey in which forensic examiners who were members of professional associations described their two most recent forensic evaluations (N=434 experts, 868 cases), focusing on the use of structured assessment tools to aid expert judgment. This study describes:

1. The relative frequency of various forensic referrals.
2. What tools are used globally.
3. Frequency and type of structured tools used.
4. Practitioners’ rationales for using/not using tools.

We provide general descriptive information for various referrals. We found most evaluations used tools (74.2%) and used several (on average 4). We noted the extreme variety in tools used (286 different tools). We discuss the implications of these findings and provide suggestions for improving the reliability and validity of forensic expert judgment methods. We conclude with a call for an assessment approach that seeks structured decision methods to advance greater efficiency in the use and integration of case-relevant information.

This survey of 206 forensic psychologists tested the “filtering” effects of preexisting expert attitudes in adversarial proceedings. Results confirmed the hypothesis that evaluator attitudes toward capital punishment influence willingness to accept capital case referrals from particular adversarial parties. Stronger death penalty opposition was associated with higher willingness to conduct evaluations for the defense and higher likelihood of rejecting referrals from all sources Conversely, stronger support was associated with higher willingness to be involved in capital cases generally, regardless of referral source. The findings raise the specter of skewed evaluator involvement in capital evaluations, where evaluators willing to do capital casework may have stronger capital punishment support than evaluators who opt out, and evaluators with strong opposition may work selectively for the defense. The results may provide a partial explanation for the “allegiance effect” in adversarial legal settings such that preexisting attitudes may contribute to partisan participation through a self-selection process.

Since its debut over a century ago, forensic psychology has matured into a formally recognized specialty area of psychology with its own set of ethical guidelines; however, a consensual definition of forensic psychology remains elusive. After describing the field’s historical and current struggles to define itself, two ethical issues are discussed that are especially applicable to psychology in legal contexts. The first is the critical differences between serving in therapeutic versus forensic roles and the associated ethical obligation to refrain from serving in both roles in the same case. Despite the terminology used in the literature, treatment in forensic contexts can be ethically appropriate. This chapter considers the current state of the literature regarding treatment in forensic contexts and suggests that this is likely to be an area of future growth for the field. The second ethical issue discussed in this chapter is the insidious effect of the adversarial process on psychologists’ objectivity in forensic contexts, termed “forensic identification” or “adversarial allegiance.” The forensic ethical guidelines affirm the primacy of this issue in forensic contexts, as evidenced by addressing it in the first two published guidelines. However, field and experimental evidence suggest psychologists have a challenging (if not impossible) task in avoiding partiality in adversarial forensic contexts. The chapter ends by briefly considering the methods psychologist might use in an effort to reduce partiality and by recognizing more research is needed to identify what else psychologists can do to strive to uphold the ethical guidelines in this regard.