Since the Tarasoff case, duty to warn and duty to protect has become an important role for psychologists and social workers. A psychologist has an ethical obligation provide clients with confidentiality. They are also required to know and understand when to break confidentiality if during their services, a patient claims harm to himself/ herself, or others. The case Tarasoff v. Regents was about Tatiana Tarasoff whom was killed by Prosenjit Poddar who has displayed a verbal desire to kill her to a psychologist from University of California. Podder was receiving therapy from Dr. Lawrence Moore around and he has mentioned his desire to kill her to Dr. Moore. Eventually, Poddar killed Tatiana Tarasoff. This incident led to the case that focused on duty to warn and protect which has changed the field in psychology and its legal and ethical obligations when there is a chance of harm or danger to another human being. The Tarasoff case has a major impact on psychology and the ethical guidelines that every psychologist must follow. Ethical and legal standards protect the …show more content…
As future school psychologists, it is important to understand the legal and ethical liabilities when dealing with clients. In this case, understanding and applying confidentiality, duty to warn and duty to protect shows the importance of the career field and what is required. Understanding how important confidentiality is in order to maintain a relationship with a client if very important. It is also very important to understand when it is necessary to breach confidentiality without being held legally and ethically responsible. When it comes to safety of others, a psychologist is legally and ethically liable to report the threat and warn anyone that is possibly in danger. This case shows how important it is to warn those in danger and the consequences when duty to warn and protect is neglected as it was in the Tatiana Tarasoff
FACTS: Respondent, Davis, a licensed LPN for over ten years who also lives with hearing loss applied for admissions to Southeastern Community College. The Petitioner, requested Davis see an audiologist before accepting her to the RN program. The audiologist concluded that Davis required lip-read in order to fully understand audible communication. The school subsequently denied Davis entry, assuming her hearing loss would affect her ability to effective care for patients safely.
In 1974, Brooker T. Hillery Jr., John Larry Spain, Bobby Bly, and Michael Shane Guile, four Californian prison inmates, and Eve Pell, Betty Segal, and Paul Jacobs, three journalists, filed a lawsuit against Raymond K. Procunier, the Director of the California Department of Corrections. The suit was filed in regards to the constitutionality of the California Department of Corrections Manual Regulation 415.071. The manual regulated that the press and media could not specify particular inmates to be interviewed. However, the regulation did allow random inmates to be interviewed by the media. This regulation was passed following a brutal prison incident that officers believed was the result of allowing specified prisoner and press interviews. The
Established in 1968, the medical school at the University of California implemented a special admissions program to increase the representation of minorities in each entering class. There was one underlying problem with their special admissions program that was not addressed until 1973 when Allan Bakke submitted his application to the University of California.
The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
When I first received this topic and did preliminary research, it seemed more of a race issue than a juvenile issue, since it happened during the Civil Rights movement of the 1960s. With further research, I found that it influenced how public colleges and the juvenile justice system handle disciplinary matters. This case was a part of many cases that granted juveniles the right of due process. According to our textbook, due process is a basic constitutional law (found in the 14th amendment) focused on the belief that the individual has primacy and that governmental power should be limited to protect the individual. Due process is supposed to safeguard the individual from unfair state procedures in legal or administrative trails. Because of the case in question, due process rights have been extended to juvenile trials. Another case during this time where due process was in question was the Goldberg v. The Regents of California.
"Pickering v. Board of Education - 391 U.S. 563 (1968)." Justia US Supreme Court Center. N.p., n.d. Web. 23 Feb. 2014.
...rt of the medical profession, the therapists are expected to maintain the confidentiality of their clients. A psychologist must be able to acquire a client’s trust in order to keep quality confidentiality amongst the two parties. Only on seriously occasions should the patient’s records be shared, under certain other conditions the psychotherapy records of a minor can be reviewed by others without prior written consent. The Health Insurance Portability and Accountability Act (HIPAA), psychologists can usually give way the patient records to parents or legal guardians. Some of the ethical rules that apply to the practice of child and adolescent psychiatry are clear and generally agreed upon For example, rules against sexual contact or harsh or abusive treatment are encoded as boundary violations. A psychotherapist must be able to respect the boundaries of the client.
Mumford would be called to a meeting after the board of directors and I had met initially to discuss the unethical practice that he been performing. Although it appeared to all that the patients that he counselled or diagnosed became healthier in their actions but the facts remain that he did not follow any ethical standards for psychologists. During the board meeting, we would discuss the competence and responsibility of the professional ethics guideline on Mumford. “It is hoped that these guidelines will be of assistance when human service professionals and educators are challenged by difficult ethical dilemmas” (Woodside and McClam, 2011, p. 276). After the board members reached a mutual agreement, the meeting with Mumford would begin. In the meeting with Mumford, the board of directors would discuss his unethical act of practicing psychology without a license. According to our textbook, “psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study or professional experience” (Woodside, 2011, p. 276). Although Mumford attended college, he did not have enough credentials to hold a position as a psychologist. Concluding the meeting with Mumford and the board of directors, with lack of training and no license to
The West Virginia State Board of Education v. Barnette Case in March 11, 1943 created much controversy throughout the United States. This case questioned whether a flag salute law for school children violated the First, the right to freedom of speech and freedom of religion. In 1941 the West Virginia State Board of Education made it a mandatory action for all students to salute the American flag at the beginning of each school day and recite the Pledge of Allegiance. If students did not cooperate it would lead to harsh punishment (findlaw).
Children, young people and adults need to know confidentiality will be honoured unless their, or other's safety and well-being is threatened, a crime has or is likely to be committed, and a professional's knowledge of and access to the child, young person or adult's information will not be abused, in the same way that it is important for professional's to understand how important shared information is, where and how it's stored, transported and disclosed to other appropriate professionals.
Having a positive approach helps psychologists clarify what they value, contemplate how they must behave, and decide what institutes suitable professional demeanor. The significance of positive ethics supports psychologists and allows them to reach their utmost ethical principles instead of violating the rules. The American Psychological Association are the top procedures to monitor to help stay within the ethical guidelines which has recently had revisions in the year two thousand two. There are a number of ethical codes to consider as a forensic psychologist cannot have the unawareness of particular psychological information, absence of specific preparation in forensic, presumptuous the lawyer will offer the expert with the essential legal ethical and professional evidence, assuming diverse jurisdictions are comparable in laws, how the laws are applied and failure to recognize the sole matters related with privacy and privileged communications for the work in the forensic
We, all, have the opportunity to voice our opinion on subjects that matter to us. The First Amendment grants us freedom of speech and expression. However, this was not provided to all students in 1968. During this time, there were three students in Des Moines, Iowa, who wore black armbands to school. These armbands were a symbol of protest against the United States involvement in the Vietnam War. After the Des Moines School District heard about this plan, they instituted a policy banning the wearing of armbands, leading to the suspension of students. A lawsuit has been filed against the Des Moines School District, stating how this principal goes against the students’ First Amendment rights. Thus, in the Tinker v. Des Moines Independent Community School District case, Justice Abe Fortes determined the policy to ban armbands is against the students’ First Amendment rights. Yet, Justice Hugo Black dissented with this decision, determining the principal is permissible under the First Amendment.
Ethics in the counselling and psychotherapy protects the client and the therapist involved in the therapeutic relationship and the therapeutic process as a whole; with the concepts that act as a guide for the therapists in provision of good practice and care for the client. The framework is built on values of counselling and psychotherapy; principles of trustworthiness, autonomy, fidelity, justice, beneficence, non-maleficence and self-respect, and provides standards of good practice and care for the practitioner (BACP, 2010). Ethical framework contributes to the development of the therapeutic relationship and process by assisting therapist’s decisions, and guides their behaviour and proceedings within their legal rights and duties. The ethical frame is structured on the boundaries of the therapeutic relationship and the therapists should be aware of their categories and be responsible for their forms. Monitoring and being aware of what goes on in and out of the room physically, emotionally and psychologically is primarily the duty of the therapist.
Koocher, G.P., & Keith-Spiegel, P. (2008). Ethics in psychology and the mental health professions. New York, NY: Oxford University Press.