Abuses and Misuses of Psychological Testimony
The use of a qualified and objective
mental health professional can aid the trier of fact by providing scientifically valid
information. While there seems to be an increase in mental health testimony, the is also
an increased risk of abuse and misuse. This report address several issues that need to be
considered when considering psychological, social work, and psychiatric testimony.
The Standard
The mental health professional should
present with considerable professional education from accredited institutions. The
professional should have additional supervised clinical training and experience. These
areas should include clinical and forensic qualifications. In most jurisdictions, the
professional should have appropriate licensure. Appropriate board certification, from a
recognized Diplomate organization is a measure of additional competency. Board
certification usually involves post graduate supervised practice, traditionally five
years, an application, and examination.
For psychologists, the recognized
education includes a Doctor of Philosophy [Ph.D.], Doctor of Education [Ed.D.] or Doctor
of Psychology [Psy.D.] from a regionally accredited institution. The professional standard
is that the program should also be accredited by the American Psychological association.
Every state in the United States licenses psychologists at the doctoral level for
independent practice. The American Psychological Association has recognized the Diplomate
certifications from the American Board of Professional Psychology and the American Board
of Psychological Hypnosis. The are also other multidisciplinary boards that recognize
different professions. For forensic consultation, the profession has established a minimum
of five years of clinical practice experience.
The recognized education for clinical
social workers included a Master of Social Work or Social Welfare [M.S.W.] from a program
accredited by the Council on Social work Education. Additional social work education
includes a Doctor of Philosophy [Ph.D.] or a Doctor of Social Work [D.S.W.] in social
work. The majority of social workers that have a doctorate, have the degree in a field
other than social work. Every state licenses social workers for independent practice at
the masters level. Five years experience is usually the standard for forensic
consultation. The profession has two recognized Diplomate certifications. The first is the
Board Certified Diplomate issued by the American Board of examiners in Clinical Social
Work and the Diplomate in Clinical Social Work [D.C.S.W.] issued by the National
Association of Social Workers.
Psychiatry is not specifically
regulated by state statute. Psychiatrist must be licensed under the generic physicians and
surgeons act but any licensed medical doctor [M.D.] or doctor of osteopathy [D.O.] can
legally practice psychiatry without any specialized training. Diplomate certification is
established by certification by the American Board of Psychiatry and Neurology
Forensic certification has been
established in psychology and psychiatry. Advanced competency has been established by
Fellowship in the American College of Forensic Psychology and the American College of
Forensic Psychiatry. Multidisciplinary Boards have also been established that certify more
than just one profession. Such boards include the American Board of Forensic Examiners,
American Board of Forensic Medicine, and the American Board of Psychological Specialties.
The forensic standard of care
includes enforceable ethical codes of conduct and advisory guidelines established by
membership in various professional associations. The forensic standards have been
established by community, state, and national standards.
Forensic Malpractice
Just as there are issues of clinical
malpractice, there are also issues of malpractice when a mental health professional
provides forensic consultation and expert witness services. The specific issues include
problems of assessment and testimony.
Assessment
A professional should:
