Forensic Psychology and Ethical Implications - Psychology
Forensic Psychology and Ethical Implications
For this paper, you will examine the ethical implications of a controversial topic related to forensic psychology.
Choose from the following topics:
1. Psychologists involvement in military interrogations
2. Psychologists involvement in assessments related to death penalty cases
In 1,500 words, consider the following:
1. Discuss human rights as it relates to the controversy.
2. Explain ethical implications that may arise for both sides of the controversy.
A minimum of four peer-reviewed sources and the textbook should be used to support this paper.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
You are required to submit this assignment to LopesWrite. Refer to the LopesWrite Technical Support articles for assistance.PSYCHIATRY
REVIEW ARTICLE
published: 01 December 2014
doi: 10.3389/fpsyt.2014.00172
Frendak to Phenis to Breivik: an examination of the
imposed insanity defense
William Donald Richie*, Farzana Alam, Lalitha Gazula, Harold Embrack , Milankumar Nathani and
Rahn Kennedy Bailey
Department of Psychiatry and Behavioral Science, Meharry Medical College, Nashville, TN, USA
Edited by:
Roy O’Shaughnessy, University of
British Columbia, Canada
Reviewed by:
George Seiden, George Seiden
Medical Corporation, USA
Elizabeth Hogan, Regents University,
USA
*Correspondence:
William Donald Richie, Department of
Psychiatry and Behavioral Science,
Meharry Medical College, Nashville,
TN, USA
e-mail: [email protected]
The imposition of the insanity defense is a complicated psycho-legal scenario. Globally, def-
initions of insanity differ from country to country. In a multitude of cases, a determination of
insanity at the time of a criminal act means the offender will not be considered responsible
for his or her action(s). In many jurisdictions, concerns have been raised that the insanity
defense has been used to mitigate punishment, usually after a particularly heinous crime.
In this review, the authors use three cases – Frendak, Phenis, and Breivik to demonstrate
how the imposition of the insanity defense has been used for legal purposes in the past and
present. In an effort to give more background to each of the above-mentioned cases, the
writers have provided some details to aid comprehension. The authors offer recommenda-
tions for the ethical forensic evaluator unburdened by partisan allegiance and invested in the
search for truth. This review article relies on peer-reviewed articles available from PubMed,
Meharry Online Library, and legal dictionaries. We also cross-referenced reputable news
sources to ensure the validity of the facts we present.
Keywords: Frendak vs. United States, Phenis vs. United States, Breivik case, insanity defense, jurisdictions
INTRODUCTION
Societies , in the main, believe that criminals should be punished
for their crimes. At the same time, societies also advocate that
laws should not punish defendants who are mentally ill and inca-
pable of understanding and knowing that their actions were wrong
and/or were unable to control their conduct (McNaughton Stan-
dard, American Library of Law). In this way, the insanity defense
reflects a compromise on the part of society and the law (1).
The legal definition of insanity is “a condition which renders the
affected person unfit to enjoy the liberty of action because of the
unreliability of his behavior with concomitant danger to himself
and others” [Ref. (2), p. 794]. Importantly, insanity is not the same
as low intelligence or mental deficiency due to age or injury. The
legal proceedings following a defense of insanity require psychi-
atric/medical input to determine whether the defendant be placed
in a penal institution or mental-health facility for treatment. In
a criminal case, theCriminal Responsibility Evaluations: Role of Psychologists in Assessment
Murray Ferguson and James R.P. Ogloff
Centre for Forensic Behavioural Science, Monash University and Victorian Institute of Forensic
Mental Health, Australia
The defence of insanity has been in existence for centuries, but it underwent a significant
reformulation in English law in the first half of the 19th century. Since that time it has
remained largely unchanged. Since its inception, expert evidence in these cases
has primarily been the domain of medicine. In spite of this, more recently psychology
has been gaining acceptance in this field of mental health and law. Victorian legislation
allows for the assessment of mental impairment to be undertaken by psychologists but
some courts have been trepidatious in allowing it. The aim of this article is to outline the
role that psychologists can and do play in the evaluation of those who plead that they
are not criminally responsible on account of mental disorder.
Key words: assessment; criminal responsibility; insanity; mental impairment; psychologist.
What I have
That might your nature honour and
exception
Roughly awake, I here proclaim was
Madness
Wasn’t Hamlet wronged Laertes? Never
Hamlet
If Hamlet from himself be ta’en away,
And when he’s not himself does wrong
Laertes,
Then Hamlet does it not. Hamlet
denies it
Who does it then? His Madness
—Shakespeare (Hamlet)
The idea that one is not responsible for
one’s actions when the actions are the
product of mental illness, such that they
cannot appreciate the nature of their
actions, has in one form or another been
in existence for centuries (Ogloff, Roberts,
& Roesch, 1993). Under law, except for
strict liability offences, to be found guilty
of a criminal act one must not only have
voluntarily committed the act (actus reus),
but also have had the capacity to under-
stand the criminality of the act, or form the
intent to commit a criminal act (mens rea).
‘‘Insanity’’ is a legal term and not a
psychiatric or psychological one. It implies
that, because of the effects of mental illness
on one’s cognitive process, one cannot
form the intent to commit a criminal act
or, if intent is formed, it is formed on the
basis of irrational thinking caused by the
mental illness. Criminal intent is not
negated by virtue of having a mental illness
or even experiencing specific symptoms of
such. It is negated only when such illness
renders a person unable to appreciate or
understand the nature of their behaviour.
Although the use of the insanity defence
in England existed before the 18th century, it
Correspondence: James R. P. Ogloff, 505 Hoddle Street, Clifton Hill, Victoria 3068, Australia.
Email: [email protected]
Psychiatry, Psychology and Law
Vol. 18, No. 1, February 2011, 79–94
ISSN 1321-8719 print/ISSN 1934-1687 online
� 2011 The Australian and New Zealand Association of Psychiatry, Psychology and Law
DOI: 10.1080/13218719.2010.482952
http://www.informaworld.com
was Contents lists available at ScienceDirect
International Journal of Law and Psychiatry
journal homepage: www.elsevier.com/locate/ijlawpsy
Forensic mental health evaluations in the Guantánamo military commissions
system: An analysis of all detainee cases from inception to 2018
Neil Krishan Aggarwal⁎
Clinical Psychiatry, Department of Psychiatry, Columbia University Medical Center, Committee on Global Thought, Columbia University, New York State Psychiatric
Institute, United States
A B S T R A C T
Even though the Bush Administration opened the Guantánamo Bay detention facility in 2002 in response to the September 11, 2001 attacks in the United States, little
remains known about how forensic mental health evaluations relate to the process of detainees who are charged before military commissions. This article discusses
the laws governing Guantánamos military commissions system and mental health evaluations. Notably, the US government initially treated detainees as “unlawful
enemy combatants” who were not protected under the US Constitution and the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or
Degrading Treatment, allowing for the use of “enhanced interrogation techniques.” In subsequent legal documents, however, the US government has excluded
evidence obtained through torture, as defined by the US Constitution and the United Nations Convention Against Torture. Using open-source document analysis, this
article describes the reasons and outcomes of all forensic mental health evaluations from Guantánamos opening to 2018. Only thirty of 779 detainees (~3.85\%) have
ever had charges referred against them to the military commissions, and only nine detainees (~1.16\%) have ever received forensic mental health evaluations
pertaining to their case. Of these nine detainees, six have alleged mental torture while in US custody. This paper shows that leaders in the United States and Europe
should consider whether counterterrorism policies that supersede traditional health and human rights complicate the ability of future governments to prosecute cases
when successive leaders change laws, a pertinent consideration as North American and European states grapple with the return of foreign fighters.
1. Introduction
This article describes how forensic mental health evaluations fit
within the legal process of all cases that have been processed through
Guantánamos military commissions system from 2006 to October
2018. The United States Congress (2006) passed the Military Commis-
sions Act of 2006 (also known as “MCA 2006”) so that these commis-
sions at Guantánamo could try any “unlawful enemy combatant” for
war crimes. Since the passage of this act, only one study (Aggarwal,
2015) has examined how mental health has been invoked in detainee
cases before the military commissions system. This study is now dated
since the American government passed new laws and statutes in 2016.
Moreover, that study took a random sample of cases ratSTATEMENT ON THE INTEGRATION
OF FAITH AND WORK
A
s a university, we believe that the message of Jesus Christ
bears profound implications, not only for individuals, but
also for society and the ways that we as individuals live
within it. The Lord Jesus instructed His followers to live
as salt and light within society, which implies a call to live out our lives
in ways that contribute to the common good. We are convinced that
this call extends to the workplace and that our respective vocations
represent vital opportunities to glorify God by serving others in ways
that promote human flourishing. Therefore, by God’s grace, we seek to
distinguish ourselves as a university by instilling a sense of vocational
calling and purpose in our students, faculty and staff in accord with
the following principles:
WE BELIEVE that God’s Word speaks authoritatively about creation,
fall and redemption as well as the restoration of all things through
Christ Jesus. Therefore, we are convinced that the Christian
worldview offers hope of restoration, not only for individuals, but
also for families, communities and societies in which individuals live,
work and serve one another.
WE BELIEVE that God the Almighty created the world, placed
human beings within it and blessed them by making them responsible
for cultivating and caring for creation. Therefore, we are assured that
our work within the world matters to God and our neighbors, and
that we honor God by serving others in ways that promote human
flourishing.
WE BELIEVE that Jesus Christ is both Savior and Lord and that all
who follow Jesus should seek His Kingdom and His righteousness
in relation to all aspects of human experience, including culture
and society. Therefore, we have resolved to carry out our work
within the public arena with compassion, justice and concern for
the common good.
WE BELIEVE that Jesus’ death, burial and resurrection secured
abundant and eternal life for all who believe and that Christ
transforms all that we say and do. Therefore, we are convinced that
Grand Canyon University should positively impact those who study
at, work for and live near the university in ways that accord with the
teachings of Jesus Christ.
WE BELIEVE that mankind was originally created in the image of
God and given responsibility over creation, but that all have failed to
fulfill their God-given purpose and responsibility. We believe that God
redeems and restores men and women in Christ, creating them anew
for the good works He has prepared them to do. Therefore, we are
confident that the work we do is a part of God’s calling on our lives
and a means by which we can glorify God as we meet others’ needs.
WE BELIEVE that regeneration by the Holy Spirit is essential for
salvation and that the work of God’s Spirit in the human heart
invariably results in renewed purpose and the growth of Christ-like
love for neighbors and neighborhoods. Therefore, we are certain that
God Rubic_Print_Format
Course Code Class Code Assignment Title Total Points
PSY-510 PSY-510-O500 Ethics of Religion 130.0
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Describe the ethical implications of competence in implementing religion or spirituality into therapy. 15.0\% Essay omits or incompletely describes the ethical implications of competence in implementing religion or spirituality into therapy. Essay inadequately describes the ethical implications of competence in implementing religion or spirituality into therapy. Description is weak and missing evidence to support claims. Essay adequately describes the ethical implications of competence in implementing religion or spirituality into therapy, but description is limited and lacks some evidence to support claims. Essay clearly describes the ethical implications of competence in implementing religion or spirituality into therapy, and description is strong with sound analysis and some evidence to support claims. Essay expertly describes the ethical implications of competence in implementing religion or spirituality into therapy, and description is comprehensive and insightful with relevant evidence to support claims. 0.00/0.00
Describe the ethical implications of multiple relationships in implementing religion or spirituality into therapy. 15.0\% Essay omits or incompletely describes the ethical implications of multiple relationships in implementing religion or spirituality into therapy. Essay inadequately describes the ethical implications of multiple relationships in implementing religion or spirituality into therapy. Description is weak and missing evidence to support claims. Essay adequately describes the ethical implications of multiple relationships in implementing religion or spirituality into therapy, but description is limited and lacks some evidence to support claims. Essay clearly describes the ethical implications of multiple relationships in implementing religion or spirituality into therapy, and description is strong with sound analysis and some evidence to support claims. Essay expertly describes the ethical implications of multiple relationships in implementing religion or spirituality into therapy, and description is comprehensive and insightful with relevant evidence to support claims. 0.00/0.00
Describe the ethical implications of imposing religious values in implementing religion or spirituality into therapy. 15.0\% Essay omits or incompletely describes the ethical implications of imposing religious values in implementing religion or spirituality into therapy. Essay inadequately describes the ethical implications of imposing religious values in implementing religion or spirituality into therapy, but description is weak and missing evidence to support claims. Essay adequately describes the ethical implications of imposing religious values i
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3. Furman v. Georgia is a U.S Supreme Court case that resolves around the Eighth Amendments ban on cruel and unsual punishment in death penalty cases. The Furman v. Georgia case was based on Furman being convicted of murder in Georgia. Furman was caught i
One major ethical conflict that may arise in my investigation is the Responsibility to Client in both Standard 3 and Standard 4 of the Ethical Standards for Human Service Professionals (2015). Making sure we do not disclose information without consent ev
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4. A U.S. Supreme Court case known as Furman v. Georgia (1972) is a landmark case that involved Eighth Amendment’s ban of unusual and cruel punishment in death penalty cases (Furman v. Georgia (1972)
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The ability to view ourselves from an unbiased perspective allows us to critically assess our personal strengths and weaknesses. This is an important step in the process of finding the right resources for our personal learning style. Ego and pride can be
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5 The family dynamic is awkward at first since the most outgoing and straight forward person in the family in Linda
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4 In order to get the entire family to come back for another session I would suggest coming in on a day the restaurant is not open
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I would start off with Linda on repeating her options for the child and going over what she is feeling with each option. I would want to find out what she is afraid of. I would avoid asking her any “why” questions because I want her to be in the here an
Summarize the advantages and disadvantages of using an Internet site as means of collecting data for psychological research (Comp 2.1) 25.0\% Summarization of the advantages and disadvantages of using an Internet site as means of collecting data for psych
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Compose a 1
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effect relationship becomes more difficult—as the researcher cannot enact total control of another person even in an experimental environment. Social workers serve clients in highly complex real-world environments. Clients often implement recommended inte
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3 The first thing I would do in the family’s first session is develop a genogram of the family to get an idea of all the individuals who play a major role in Linda’s life. After establishing where each member is in relation to the family
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