Human rights and forensic psychology

Ward, Tony

doi:10.1348/135532508x284301

Cited by 6 publications

(5 citation statements)

References 18 publications

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“…Furthermore, in the context of offenders with mental disabilities, Birgden and Perlin (2008) argued that TJ could assist forensic psychologists to actively address offender needs based on international declarations of human rights. Forensic psychology, TJ, and human rights can intersect in terms of TJ and forensic psychology (Birgden & Ward, 2003), TJ and human rights (Ward & Birgden, 2007;Winick, 2002), and forensic psychology and human rights (Birgden & Perlin, 2008;Perlin, 2005Perlin, , 2006Perlin & McClain, 2009;Ward, 2008). In common, TJ, forensic psychology, and human rights are normative, humanistic, and interdisciplinary.…”

Section: Therapeutic Jurisprudencementioning

confidence: 99%

“Where the home in the valley meets the damp dirty prison”: A human rights perspective on therapeutic jurisprudence and the role of forensic psychologists in correctional settings

Birgden

Perlin

2009

Aggression and Violent Behavior

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The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a "bright-line position" regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. In this endeavor, international covenants and a universal ethical code ought to guide practice, although seemingly unresolveable conflicts between the law and ethics codes may arise. A solution to this problem is to devise an ethical framework that is based on enforceable universally shared human values regarding dignity and rights. To this end, the legal theory of therapeutic jurisprudence can assist psychologists to understand the law, the legal system, and their role in applying the law therapeutically to support offender dignity, freedom, and well-being. In this way, a moral stance is taken and the forensic role of treatment provider and/or organizational consultant is not expected to trump the prescriptions and the proscriptions of the law.

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Section: Therapeutic Jurisprudencementioning

confidence: 99%

“Where the home in the valley meets the damp dirty prison”: A human rights perspective on therapeutic jurisprudence and the role of forensic psychologists in correctional settings

Birgden

Perlin

2009

Aggression and Violent Behavior

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“…Forensic Psychology is formally defined as the branch of psychology involved in the production and application of psychological principles in the legal system 5 . Applications of forensic psychology have included: the evaluation of competency to stand trial, assessing the validity of mental health defenses in criminal conduct, predicting violent behavior in previous perpetrators of violent crime, measuring mental injury or brain damage, determining level of trauma in international incidents, and decisions related to child welfare in cases of divorce, abuse, etc 6,3 .…”

Section: Introductionmentioning

confidence: 99%

Establishing Applied Forensic Psychology in Palestine: Legal and Psychological Issues

Mahamid¹,

Berte²,

Salameh³

2022

J Ment Health Clin Psychol

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Forensic Psychology is the branch of psychology focused on the production and application of psychological principles to the legal process including competency, validity of defenses based on mental health behavior, predicting violent behavior, assessing injury and child custody1. Forensic Psychology has evolved in the United States since 2001 when it was recognized as a specialty of the American Psychological Association (APA) and psychologists are now serving the court systems in a wide variety of tasks2. Unfortunately, in developing nations such as Palestine both access to and understanding of the specialty of Forensic Psychology is minimal, leaving critical functions of legal systems where psychological data is needed, unserved and uninformed3. The following study was conducted in Nablus, West Bank Palestine where the first Master of Clinical Psychology program has produced a cohort of mental health professionals with an expertise in Forensic Psychology. The intervention focused on the training of lawyers (with a specialty in domestic violence and family protection) on the general principles and uses of psychology in the legal system and an introduction of how they could use forensic psychologists to the benefit of the court. The data determined that participants in the one-day training module gain significant understanding and motivation to use forensic psychologists in their practice (.002 level of significance) and that the effect was undifferentiated by age, gender, place of residence or education level). The current study determines that with a minimal effort legal professionals can gain both understanding and a motivation to use psychological professionals, even in systems where there was no previous exposure to the field. Such openings can change the practice of law and legal systems in a positive way to include the expertise of mental health professionals at every level of governance and jurisdiction. Having access to and incorporating psychological data from qualified professionals into developing legal institutions is critical in insuring human rights and scienced based evidence at every level of societal systems.

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“…The fact that dignity has a close link with human rights, and is often referenced in treaties, books and various human rights documents (Churchill, 2006), means that norms embodying human rights could be viewed constituting ethically sound guidelines to base practice and decision-making on (Ward, 2011). However, with individuals and services in the mental health sector often choosing to embrace these rights with a more legalistic, rather than ethical focus, it can mean that the benefits of a rights-based analysis of ethically complex issues can be subsumed in favour of a more black and white approach (Ward, 2008). Thus, it is instead proposed that the valuable role human rights play can be recognised within an overarching framework that is based on dignity and its core components of well-being and autonomy (Freeden, 1991;Ward, 2008).…”

Section: Chapter Four: Dignity and Human Rightsmentioning

confidence: 99%

“…However, with individuals and services in the mental health sector often choosing to embrace these rights with a more legalistic, rather than ethical focus, it can mean that the benefits of a rights-based analysis of ethically complex issues can be subsumed in favour of a more black and white approach (Ward, 2008). Thus, it is instead proposed that the valuable role human rights play can be recognised within an overarching framework that is based on dignity and its core components of well-being and autonomy (Freeden, 1991;Ward, 2008). It is important to note here that by respecting an individual's rights, one is not promising them a satisfying and fulfilled life; rather, one is guaranteeing that they instead are given the autonomy and freedom to work toward their own goals, values and plans necessary for a dignified life (Connelly & Ward, 2008).…”

Section: Chapter Four: Dignity and Human Rightsmentioning

confidence: 99%

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An Integrated Framework for Professional Ethical Thinking in Child Clinical Psychology

Hardley¹

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<p>Practitioners face a number of unique challenges in child clinical psychology, particularly around areas such as competency, consent, confidentiality, and the balance of obligations towards the child or young person and their legal guardians. Resorting to ethical codes of practice to try and deal with these ethical dilemmas often fails to resolve the problem adequately, or leads to ‘moral blindness’ in which other ethical issues are ignored (Ward & Syversen, 2009). In order to provide a more complete ethical guideline for practitioners to consult when faced with ethical quandaries, I have created the Integrated Framework for Professional Ethical Thinking (IFPET) that is specifically tailored towards child and adolescent clinical psychology. The IFPET model provides a multi-faceted approach to ethical thinking that widens moral reasoning and awareness and promotes a more complete approach towards dealing with ethical issues in child and adolescent clinical psychology.</p>

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Human rights and forensic psychology

Cited by 6 publications

References 18 publications

“Where the home in the valley meets the damp dirty prison”: A human rights perspective on therapeutic jurisprudence and the role of forensic psychologists in correctional settings

“Where the home in the valley meets the damp dirty prison”: A human rights perspective on therapeutic jurisprudence and the role of forensic psychologists in correctional settings

Establishing Applied Forensic Psychology in Palestine: Legal and Psychological Issues

An Integrated Framework for Professional Ethical Thinking in Child Clinical Psychology

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