Verified Document

Ethics, Torture And Psychological Issues Term Paper

39). The Detainee Treatment Act, sponsored by Senator John McCain sponsored the Detainee Treatment Act, states that "no court, justice, or judge shall have jurisdiction to hear or consider…an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defence at Guantanamo Bay, Cuba." President Bush allowed the bill following a statement saying that he will interpret the bill " in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch, which will assist in achieving the shard objective of the Congress and the President of protecting the American people from future terrorist attacks" (Worthington, 2006, II-6).

Part 6 -- What is the appropriate ethical professional response of the military psychologists or psychologist consultants if U.S. Policies and Interrogation Practices are in violation of International Law or Human Rights?

Human rights are defined by the APA as rights to which all humans are entitled. In response to the violations of such rights during some of the 20th century, the international community established some basic laws that were meant to transcend other documents and provide a way to structure the issue. In a special vote, APA members approved a resolution that prohibits any psychologist from working in "detainee settings in which international law or the Constitution of the United States is violated" (Martin, 2008, par. 1).

The 2005 Task Force Report noted that psychologists have a professional responsibility to society as well as the individaul. Ethically, they must assist in protection our nation and innocent civilians from harm, which at times means they must assist in extracting information. However, modifications and referendums put in place indicate "it is a clear violation of professional ethics for a psychologist to have played a role in the torture of CIA detainees" (American Psychological Association, 2009, par. 1). In addition, the central paradigm of a pscyhologists role, they are required to let their supervisor know of conflicts in ethics, and/or to document these conflicts for the APA. The standards require the psychologist to make known their commitment to the Ethics Code, take reaspoable stepts to resolve the conlifct, and, while acting in the law, strive to perform their duties ethically. In fact, in a letter dated June 21, 2010, the Senior Policy Advisor and the Ethics Office Director of the APA wrote to Jeh Charles Johnson, the Department of Defense's General Counsel outlining the new ethical standards and noting, [W]e emphasize APA's poisition that it is not permissible for psychologists to have any involvement in abusive interrogations or to work in unlawful detention settings that violate the U.S. Constitution or international law…. The APA Ethics code makes it clear there is no defense under the Code for violating a detainee's human rights (Garrison & Behnke, 2010, par. 3).

Part 7 -- How would the military/secret service culture of interrogation affect the ability of the consulting psychologist to locate and adhere to ethical principles, practices and boundaries?

In essence, a member of the APA cannot really work in a military or secret service culture of interrogation as a consulting psychologist. Whether the use of strong interrogation tactics is legal or not, they do violate several International principles of human rights, and are therefore unacceptable to APA members. An APA member may, though, act as a consulting psychologist act to counsel service personnel or in the direct form of human rights and/or mental health for detainees. The issue is that the psychologist may not use their professional role to aid in any interrogation method that might be construed as illegal or inhumane (Behnke, 2007, p.4)

Part 8 -- Are there any biases in the APA Task Force Report on the Role of Psychologists in Interrogation of Military Detainees?

Reading just the 2005 document, it appears that the Task Force Report was designed to give professional psychologists who work for the military or CIA a way to justify their actions -- follow APA ethics and also assist in aggressive interrogation techniques that would ostensibly safeguard the country. We find that the APA Board of Directors declared a state of emergency and voted to approve this report. APA's president issued a press release indicating that the policy had been approved by the APA Council of Representatives, when it was never submitted. Certainly, this indicates clear bias and a rush to approve a document that was not in line with the majority of members, and was subsequently revised (Zakaria, 2011, par. 5, 7).

Part 9 -- if there is a conflict between international law and U.S. law that has an impact on the ethical standards for the practice of psychology, which course should be followed?

Essentially, in settings that violate either International law or the U.S. Constitution, professional psychologists are limited to three roles: 1) working directly for the detainee, 2) working for an independent third party that protects human rights, or 3) providing treatment to military personnel. The gist of the matter surrounds deciding if, in fact, laws have been violated and under what authority this is defined. If the...

7-8). This is clearly a gray area, and even recent meetings of the APA find no true 100% consensus on the subject. In fact,
The APA's work [is] respectful of the importance and complex of the issue and was intended to provide ethical guidance to its members and send an unambiguous and emphatic message to the public: The world's largest association of psychologists recognizes the valuable and ethical contributions of its members involved in work related to our nation's security and forcefully condemns and will not tolerate torture (Laurence & Matthews, 2012, p. 62).

Philosophers, religious scholars, and other legal or professional people have defined in a variety of ways ideal sets of moral beliefs and principles. The following are different method which came from an early age and modern principals of ethics. Philosophers developed ethical decision making and an understanding of ethics within the context of decision-making. For instance, "It is hoped that what happens between people can be accounted for by discussion or reasonable negotiation of what should happen (or what actually occurred" (Cottone, 2001, p.79). Individuals use moral reasoning and moral philosophy to form ethical judgments and fix into place their view of ethical behavior. In reality, the therapist individually describes their reactions in reasoning as a method of behavior and place to apply moral reasoning within situational contexts.

REFERENCES

Aalbers, D., et.al. (2012, April). Letters: Psychological Ethics and National Security. Retrieved from apadivisions.org: http://www.apadivisions.org/division-39/publications/review/2012/04/ethics-and-security.aspx

American Pscyhological Association. (2010, February 10). APA Amends Ethics Code to Address Potential Conflicts. Retrieved from apa.org: http://www.apa.org/news/press/releases/2010/02/ethics-code.aspx

American Psychological Association. (2001, October 1). APA Ethics Committee Rules and Procedures. Retrieved from Apa.org: http://www.apa.org/ethics/code/committee.aspx

American Psychological Association. (2009, April 22). Saying it Again. Retrieved from apa.org: http://www.apa.org/news/press/releases/2009/04/editorial-bray.aspx

American Psychological Association. (2010, February 24). Ethical Code Amendment. Retrieved from apa.org: http://www.apa.org/news/press/releases/2010/02/ethics-code.aspx

American Psychological Association. (2012, January). Ethics Committee. Retrieved from apa.org: http://www.apa.org/about/governance/bdcmte/ethics-committee.aspx

American Psychological Association. (2012, January). General Principles of Ethical Code of Conduct. Retrieved from apa.org: http://www.apa.org/ethics/code/index.aspx?item=3

American Psychological Association Presidential Task Force. (2005, June). On Psychological Ethics and National Security. Retrieved from apa.org: http://www.apa.org/pubs/info/reports/pens.pdf

Bassiouni, M. (2010). The Institutionalization of Torture Under the Bush Admnistration: Is Anyone Responsible? New York and London: International Specialized Book Service Inc.

Behnke, S. (2007, Septmebr 21). Statement of the APA on Psychology and Interrogations. Retrieved from apa.org: http://www.apa.org/news/press/statements/senate-2007.pdf

Cottone, R. (2001). A Social Constructivism Model of Ethical Decision Making in Counseling. Journal of Counseling Development, 79(1), 39-45.

Garrison, E., & Behnke, S. (2010, June 21). Letter to General Counsel - U.S. Department of Defense. Retrieved from apa.org: http://www.apa.org/news/press/statements/johnson.pdf

Gerguson, K., & O'Donohue, W. (Eds.). (2003). Handbook of Professional Ethics for Psychologists. Thousand Oaks, CA: Sage Publications.

Goldsmith, J. (2012). Power and Constraint: The Accountable Presidency After 9/11. New York: W.W. Norton.

Hersh, S. (2007, June 25). The General's Report. Retrieved from the New Yorker: http://www.newyorker.com/reporting/2007/06/25/070625fa_fact_hersh?printable=true

Laurence, J., & Matthews, M. (Eds.). (2012). The Oxford Handbook of Military Pscyhology. New York: Oxford University Press.

Martin, S. (2008, November). Members Say No to Psychologist Involvment in Interrogations. Retrieved from apa.org: http://www.apa.org/monitor/2008/11/interrogations.aspx

White, T. (2009, March). Ethics Toolbox. Retrieved from Center for Ethics and Business and Loyola Marymount University: http://www.ethicsandbusiness.org/toolbox/philoethics.htm

Worthington, a. (2006, February). Police State USA and Big Brother's Most Cool Tool. Retrieved from U.S. News and Policies: http://www.dotandcalm.com/calm-archive/index/t-15927.html

Zakaria, F. (2011, November 21). Are the APA's Detainee Interrogation Policies Ethical and Effective? Retrieved from Nation of Change: http://www.nationofchange.org/are-american-psychological-association-s-detainee-interrogation-policies-ethical-and-effective-13219

Sources used in this document:
REFERENCES

Aalbers, D., et.al. (2012, April). Letters: Psychological Ethics and National Security. Retrieved from apadivisions.org: http://www.apadivisions.org/division-39/publications/review/2012/04/ethics-and-security.aspx

American Pscyhological Association. (2010, February 10). APA Amends Ethics Code to Address Potential Conflicts. Retrieved from apa.org: http://www.apa.org/news/press/releases/2010/02/ethics-code.aspx

American Psychological Association. (2001, October 1). APA Ethics Committee Rules and Procedures. Retrieved from Apa.org: http://www.apa.org/ethics/code/committee.aspx

American Psychological Association. (2009, April 22). Saying it Again. Retrieved from apa.org: http://www.apa.org/news/press/releases/2009/04/editorial-bray.aspx
American Psychological Association. (2010, February 24). Ethical Code Amendment. Retrieved from apa.org: http://www.apa.org/news/press/releases/2010/02/ethics-code.aspx
American Psychological Association. (2012, January). Ethics Committee. Retrieved from apa.org: http://www.apa.org/about/governance/bdcmte/ethics-committee.aspx
American Psychological Association. (2012, January). General Principles of Ethical Code of Conduct. Retrieved from apa.org: http://www.apa.org/ethics/code/index.aspx?item=3
American Psychological Association Presidential Task Force. (2005, June). On Psychological Ethics and National Security. Retrieved from apa.org: http://www.apa.org/pubs/info/reports/pens.pdf
Behnke, S. (2007, Septmebr 21). Statement of the APA on Psychology and Interrogations. Retrieved from apa.org: http://www.apa.org/news/press/statements/senate-2007.pdf
Garrison, E., & Behnke, S. (2010, June 21). Letter to General Counsel - U.S. Department of Defense. Retrieved from apa.org: http://www.apa.org/news/press/statements/johnson.pdf
Hersh, S. (2007, June 25). The General's Report. Retrieved from the New Yorker: http://www.newyorker.com/reporting/2007/06/25/070625fa_fact_hersh?printable=true
Martin, S. (2008, November). Members Say No to Psychologist Involvment in Interrogations. Retrieved from apa.org: http://www.apa.org/monitor/2008/11/interrogations.aspx
White, T. (2009, March). Ethics Toolbox. Retrieved from Center for Ethics and Business and Loyola Marymount University: http://www.ethicsandbusiness.org/toolbox/philoethics.htm
Worthington, a. (2006, February). Police State USA and Big Brother's Most Cool Tool. Retrieved from U.S. News and Policies: http://www.dotandcalm.com/calm-archive/index/t-15927.html
Zakaria, F. (2011, November 21). Are the APA's Detainee Interrogation Policies Ethical and Effective? Retrieved from Nation of Change: http://www.nationofchange.org/are-american-psychological-association-s-detainee-interrogation-policies-ethical-and-effective-13219
Cite this Document:
Copy Bibliography Citation

Related Documents

Ethics Morals Belief Values
Words: 706 Length: 2 Document Type: Term Paper

Ethics are a number of behavioral guidelines that essentially stipulate what acts are inherently wrong. These acts include murder, rape, fraud, deceit, slavery, genocide, and torture to name a few (Paul 2003). Ethics, as opposed to morals, tend to be the most general rules by which human beings should treat one another. Morals, however, are like the micro version of ethics: they are subject to interpretation by the individual and

Torture and Abuse of Gays
Words: 9056 Length: 25 Document Type: Term Paper

These responsibilities notwithstanding, the American public was already being conditioned to view the war in Iraq as a battle against extremists, that is, against the Islamist radicals who had threatened the "American" way" of life on September 11, 2001. Jerry Falwell and Pat Robertson had already inflamed America's own Christian fundamentalists with talk that the terrible events of that day were to blame in part on "the gays and

Ethics Involving Torture of Humans
Words: 1276 Length: 4 Document Type: Term Paper

Torture and Ethics Human torture has forever been and will remain ethically incorrect, wicked, unfair, and inappropriate. According to free- world ethicality standards, torture of the adversary’s highly valuable entities or soldiers is unacceptable. Besides infringing international regulation that opposes these practices, human torture constitutes a violation of fundamental human rights. It is a kind of brutal, rare punishment by all standards notwithstanding outcome. Torturing a person can be justified only

Code of Ethics & Military
Words: 1450 Length: 5 Document Type: Term Paper

a) Changes in APA Public Policy According to several changes made in APA Public policy with relation to the role of psychologists in the interrogations session, APA has prohibited its psychologists from taking part in the varied torture or cruel, inhuman or degrading interrogation techniques by stating, "No psychiatrist should participate directly in the interrogation of persons held in custody by military or civilian investigative or law enforcement authorities, whether in

Frank Jude Jr. How Ethics Are Ignored
Words: 2265 Length: 7 Document Type: Essay

Frank Jude Jr. How ethics are ignored and human rights are violated is one of the main discussion these days. There are a number of levels at which these two important rules of life are violated each day by individuals belonging to different speeches of life on the daily basis. Many pains are taken by the victims of human rights violations. One of such examples is that of Abner Louima. The

Immigration Ethics and Social Responsibility: Immigration and
Words: 2435 Length: 8 Document Type: Research Paper

Immigration Ethics and Social Responsibility: Immigration and Amnesty in the United States The question of immigration, especially in this country, is ever-present. From our past, and well into our future, the United States will be a nation of immigrants. However, as political candidates raise a number of questions relating to immigrants south of the border, one must wonder about how immigration has grown into such a hotly debated issue, and how it is

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now