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The “Ultimate Issue” problem in the Canadian criminal justice system

Nesca, Marc
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Nesca, Marc
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justice
medical ethics
psychiatric ethics
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Political ethics
Bioethics
Ethics of law
Rights based legal ethics
Medical ethics
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Health Ethics
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Nesca_JEMH_Vol.2_No.1_2007.pdf
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http://hdl.handle.net/20.500.12424/175467
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Abstract
Expert testimony in criminal cases remains controversial. Some of this controversy appears legitimately attributable to clinicians who violate professional boundaries by speaking directly to ultimate legal issues. In this paper, the “ultimate issue” problem that is a salient controversy in American forensic psychology is discussed from a Canadian perspective. Relevant legal, ethical and professional considerations for expert testimony in Canada are reviewed. In the end, it is argued that psychologists who offer opinions on matters of law are violating professional boundaries and unwittingly fuelling the controversy that surrounds expert psychological testimony in the Canadian criminal justice system.
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2007-04
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With permission of the license/copyright holder
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