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In the past 50 years forensic psychological practice has educational systems including, but not limited to, examin-
expanded dramatically. The American Psychological As- ing or treating persons in anticipation of or subsequent to
sociation (APA) has a division devoted to matters of law legal, contractual, or administrative proceedings; offering
and psychology (APA Division 41, the American Psy- expert opinion about psychological issues in the form of
chologyLaw Society), a number of scientific journals de- amicus briefs or testimony to judicial, legislative, or ad-
voted to interactions between psychology and the law exist ministrative bodies; acting in an adjudicative capacity;
(e.g., Law and Human Behavior; Psychology, Public Pol- serving as a trial consultant or otherwise offering expertise
icy, and Law; Behavioral Sciences & the Law), and a to attorneys, the courts, or others; conducting research in
number of key texts have been published and undergone connection with, or in the anticipation of, litigation; or
multiple revisions (e.g., Grisso, 1986, 2003; Melton, Pe- involvement in educational activities of a forensic nature.
trila, Poythress, & Slobogin, 1987, 1997, 2007; Rogers, Psychological practice is not considered forensic
1988, 1997, 2008). In addition, training in forensic psy- solely because the conduct takes place in, or the product is
chology is available in predoctoral, internship, and post- presented in, a tribunal or other judicial, legislative, or
doctoral settings, and APA recognized forensic psychology administrative forum. For example, when a party (such as
as a specialty in 2001, with subsequent recertification in a civilly or criminally detained individual) or another in-
2008. dividual (such as a child whose parents are involved in
Because the practice of forensic psychology differs in divorce proceedings) is ordered into treatment with a prac-
important ways from more traditional practice areas (Mo- titioner, that treatment is not necessarily the practice of
nahan, 1980) the Specialty Guidelines for Forensic Psy- forensic psychology. In addition, psychological testimony
chologists were developed and published in 1991 (Com- that is solely based on the provision of psychotherapy and
mittee on Ethical Guidelines for Forensic Psychologists, does not include psycholegal opinions is not ordinarily
1991). Because of continued developments in the field in considered forensic practice.
the ensuing 20 years, forensic practitioners ongoing need For the purposes of these Guidelines, forensic practi-
for guidance, and policy requirements of APA, the 1991 tioner refers to a psychologist when engaged in the practice
Specialty Guidelines for Forensic Psychologists were of forensic psychology as described above. Such profes-
revised, with the intent of benefiting forensic practitioners sional conduct is considered forensic from the time the
and recipients of their services alike. practitioner reasonably expects to, agrees to, or is legally
The goals of these Specialty Guidelines for Forensic mandated to provide expertise on an explicitly psycholegal
Psychology (the Guidelines) are to improve the quality of issue.
forensic psychological services; enhance the practice and The provision of forensic services may include a wide
facilitate the systematic development of forensic psychol- variety of psycholegal roles and functions. For example, as
ogy; encourage a high level of quality in professional
practice; and encourage forensic practitioners to acknowl-
edge and respect the rights of those they serve. These This article was published Online First October 1, 2012.
Guidelines are intended for use by psychologists when These Specialty Guidelines for Forensic Psychology were developed
by the American PsychologyLaw Society (Division 41 of the American
engaged in the practice of forensic psychology as described Psychological Association [APA]) and the American Academy of Foren-
below and may also provide guidance on professional sic Psychology. They were adopted by the APA Council of Representa-
conduct to the legal system and other organizations and tives on August 3, 2011.
professions. The previous version of the Guidelines (Specialty Guidelines for
Forensic Psychologists; Committee on Ethical Guidelines for Forensic
For the purposes of these Guidelines, forensic psy- Psychologists, 1991) was approved by the American PsychologyLaw
chology refers to professional practice by any psychologist Society (Division 41 of APA) and the American Academy of Forensic
working within any subdiscipline of psychology (e.g., clin- Psychology in 1991. The current revision, now called the Specialty
ical, developmental, social, cognitive) when applying the Guidelines for Forensic Psychology (referred to as the Guidelines
throughout this document), replaces the 1991 Specialty Guidelines for
scientific, technical, or specialized knowledge of psychol- Forensic Psychologists.
ogy to the law to assist in addressing legal, contractual, and These guidelines are scheduled to expire August 3, 2021. After this
administrative matters. Application of the Guidelines does date, users are encouraged to contact the American Psychological Asso-
not depend on the practitioners typical areas of practice or ciation Practice Directorate to confirm that this document remains in
effect.
expertise, but rather, on the service provided in the case at Correspondence concerning these guidelines should be addressed to
hand. These Guidelines apply in all matters in which psy- the Practice Directorate, American Psychological Association, 750 First
chologists provide expertise to judicial, administrative, and Street, NE, Washington, DC 20002-4242.
Appendix A
Revision Process of the Guidelines
This revision of the Guidelines was coordinated by the Com- ter). In addition, an electronic discussion list devoted solely
mittee for the Revision of the Specialty Guidelines for Foren- to issues concerning revision of the Guidelines was oper-
sic Psychology (the Revisions Committee), which was es- ated between December 2002 and July 2007, followed by
tablished by the American Academy of Forensic Psychology establishment of an e-mail address in February 2008
and the American PsychologyLaw Society (Division 41 of (sgfp@yahoo.com). Individuals were invited to provide
the American Psychological Association [APA]) in 2002 and input and commentary on the existing Guidelines and pro-
which operated through 2011. This committee consisted of posed revisions via these means. In addition, two public
two representatives from each organization (Solomon Fulero, meetings were held throughout the revision process at
PhD, JD; Stephen Golding, PhD, ABPP; Lisa Piechowski, biennial meetings of the American PsychologyLaw Soci-
PhD, ABPP; Christina Studebaker, PhD), a chairperson ety.
(Randy Otto, PhD, ABPP), and a liaison from Division 42 Upon development of a draft that the Revisions Com-
(Psychologists in Independent Practice) of APA (Jeffrey mittee deemed suitable, the revised Guidelines were sub-
Younggren, PhD, ABPP). mitted for review to the Executive Committee of the Amer-
This document was revised in accordance with APA ican PsychologyLaw Society (Division 41 of APA) and
Rule 30.08 and the APA policy document Criteria for the American Board of Forensic Psychology. Once the
Practice Guideline Development and Evaluation (APA, revised Guidelines were approved by these two organiza-
2002). The Revisions Committee posted announcements tions, they were submitted to APA for review, commen-
regarding the revision process to relevant electronic dis- tary, and acceptance, consistent with APAs Criteria for
cussion lists and professional publications (i.e., the Psy- Practice Guideline Development and Evaluation (APA,
law-L e-mail listserv of the American PsychologyLaw 2002) and APA Rule 30-8. They were subsequently revised
Society, the American Academy of Forensic Psychology by the Revisions Committee and were adopted by the APA
listserv, the American PsychologyLaw Society Newslet- Council of Representatives on August 3, 2011.
(Appendices continue)
For the purposes of these Guidelines: ogy to the law and the use of that knowledge to assist in
Appropriate, when used in relation to conduct by a resolving legal, contractual, and administrative disputes.
forensic practitioner means that, according to the prevailing Forensic Practitioner refers to a psychologist when
professional judgment of competent forensic practitioners, engaged in forensic practice.
the conduct is apt and pertinent and is considered befitting, Forensic Psychology refers to all forensic practice by
suitable, and proper for a particular person, place, condi- any psychologist working within any subdiscipline of psy-
tion, or function. Inappropriate means that, according to chology (e.g., clinical, developmental, social, cognitive).
the prevailing professional judgment of competent forensic Informed Consent denotes the knowledgeable, volun-
practitioners, the conduct is not suitable, desirable, or prop- tary, and competent agreement by a person to a proposed
erly timed for a particular person, occasion, or purpose; and course of conduct after the forensic practitioner has com-
may also denote improper conduct, improprieties, or con- municated adequate information and explanation about the
duct that is discrepant for the circumstances.
material risks and benefits of, and reasonably available
Agreement refers to the objective and mutual under-
alternatives to, the proposed course of conduct.
standing between the forensic practitioner and the person or
persons seeking the professional service and/or agreeing to Legal Representative refers to a person who has the
participate in the service. See also Assent, Consent, and legal authority to act on behalf of another.
Informed Consent. Party refers to a person or entity named in litigation,
Assent refers to the agreement, approval, or permis- or who is involved in, or is witness to, an activity or
sion, especially regarding verbal or nonverbal conduct, that relationship that may be reasonably anticipated to result in
is reasonably intended and interpreted as expressing will- litigation.
ingness, even in the absence of unmistakable consent. Reasonable or Reasonably, when used in relation to
Forensic practitioners attempt to secure assent when con- conduct by a forensic practitioner, denotes the conduct of a
sent and informed consent cannot be obtained or when, prudent and competent forensic practitioner who is en-
because of mental state, the examinee may not be able to gaged in similar activities in similar circumstances.
consent. Record or Written Record refers to all notes, records,
Consent refers to agreement, approval, or permission documents, memorializations, and recordings of consider-
as to some act or purpose. ations and communications, be they in any form or on any
Client refers to the attorney, law firm, court, agency, media, tangible, electronic, handwritten, or mechanical,
entity, party, or other person who has retained, and who has that are contained in, or are specifically related to, the
a contractual relationship with, the forensic practitioner to forensic matter in question or the forensic service provided.
provide services. Retaining Party refers to the attorney, law firm, court,
Conflict of Interest refers to a situation or circum- agency, entity, party, or other person who has retained, and
stance in which the forensic practitioners objectivity, im- who has a contractual relationship with, the forensic prac-
partiality, or judgment may be jeopardized due to a rela- titioner to provide services.
tionship, financial, or any other interest that would Tribunal denotes a court or an arbitrator in an arbi-
reasonably be expected to substantially affect a forensic tration proceeding, or a legislative body, administrative
practitioners professional judgment, impartiality, or deci-
agency, or other body acting in an adjudicative capacity. A
sion making.
legislative body, administrative agency, or other body acts
Decision Maker refers to the person or entity with the
in an adjudicative capacity when a neutral official, after the
authority to make a judicial decision, agency determina-
tion, arbitration award, or other contractual determination presentation of legal argument or evidence by a party or
after consideration of the facts and the law. parties, renders a judgment directly affecting a partys
Examinee refers to a person who is the subject of a interests in a particular matter.
forensic examination for the purpose of informing a deci- Trier of Fact refers to a court or an arbitrator in an
sion maker or attorney about the psychological functioning arbitration proceeding, or a legislative body, administrative
of that examinee. agency, or other body acting in an adjudicative capacity. A
Forensic Examiner refers to a psychologist who ex- legislative body, administrative agency, or other body acts
amines the psychological condition of a person whose in an adjudicative capacity when a neutral official, after the
psychological condition is in controversy or at issue. presentation of legal argument or evidence by a party or
Forensic Practice refers to the application of the parties, renders a judgment directly affecting a partys
scientific, technical, or specialized knowledge of psychol- interests in a particular matter.