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Challenging Guidelines

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Providence of client assessment in court

The guideline stipulates that a clinical physician should provide the court or investigative bodies

with all information regarding a patient in their care if the information might be relevant to their

case. Failure to provide this information is termed malfeasance, and a physician may face legal

malpractice and non-compliance (Hugaboom, 2002). As a psychologist, I understand the legal

obligation I must adhere to in court proceedings regarding my clients. Providing information

about a client who thought the psychological assessments and disclosures about their personal

life were confidential is, in my opinion, challenging as it feels like betraying the client's trust.

How I would try to overcome this challenge is if, for instance, a client begins to disclose

information that I deem incriminating, I would at that point clarify if legal obligation demands

me to disclose such information at a later date, thus allowing them a chance to choose whether to

continue or not.

Responsiveness

As a forensic practitioner, one must respond to investigative and data providence duties at an on-

demand rate as required by the legal system (Hugaboom, 2002). It is challenging to provide

information on several cases while maintaining competent, and high-quality analysis answers as

required. For instance, my work as a forensic analyst means I occasionally receive many cases,

most of which are high-profile, sensitive cases with a large risk of injustice if inaccurate results

are provided. I would handle this situation by creating a work schedule and case findings list to

provide only factual evidence with the exclusion of assumptions.

Comments Made Outside of the Courtroom


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Generally, forensic professionals try to avoid making extensive public (out-of-court) remarks on

judicial procedures in which they have been engaged (Hugaboom, 2002). The guideline feels

challenging because occasionally, remarks can serve essential purposes, including teaching

society about the responsibilities of forensic clinicians in the judicial system. An example is

testifying for a patient in commenting on their mental state and relating it to circumstances that

might have led to their misconduct.

The difference in assessment between forensic and clinical professionals

Forensic professionals are regulated by standards like the Daubert standard demands that

scientific data be founded on good scientific methodology and that the techniques utilized be

trustworthy and pertinent to the subject at hand (DeRuiter & Kaser-Boyd, 2015). On the other

hand, clinical professionals also use assessment tools, even though these assessments are

typically to diagnose and treat mental health conditions rather than to inform legal decisions. As

a result, evaluation norms in therapeutic settings may differ from those in forensic contexts.
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References

de Ruiter, C., & Kaser-Boyd, N. (2015). Forensic psychological assessment in practice: Case

studies. New York, NY: Routledge.

Hugaboom, D. (2002). The different duties and responsibilities of clinical and forensic

psychologists in legal The Review, 5(1), 27–32. Retrieved from

http://fisherpub.sjfc.edu/ur/vol5/iss1/4

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