PART 2, COUNSELOR ETHICS & PROBATION

1 PART 2, COUNSELOR ETHICS & PROBATION 1 gregoreva2014 Disclaimer: All content within this site is provided for general information only. It should not be treated as a substitute for the medical advice of your own doctor or health care professional. The owners of this site are not responsible or liable for any diagnosis made by a user based on the content of the evagregorycounselingonline website. The owner is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on in this or any linked site. Always consult your own Doctor if you are concerned about your health or your child s health.

2 Gregoreva2014 2 One of the major conflicts in providing treatment in the criminal justice system is the conflict between Adult PROBATION Administration Staff and the Substance Abuse COUNSELOR due to the different visions of what the offender s needs are. Private practice is placed on the other extreme where the professional role is focused almost exclusively on providing counseling that will meet the offender s needs. 3 gregoreva2014 There are 3 objectives that the COUNSELOR must identify. These are: 1. Their relationship with their clients. 2. Which code of ETHICS should be consulted. 3. Competency issues: what knowledge and abilities are needed. 4 gregoreva2014 Autonomy: This is the principle of supporting clients independence, freedom of choice and self-determination.

3 Beneficence: This is the principle that promotes acting in the best interest of clients. Justice: This is the principle of non-discrimination. This principle guarantees that all clients will have equal access to treatment, and that they will be treated the same as other clients. Although different client populations, may have different treatment needs ( criminal justice clients), the standard of practice should be the same. Competence is the principle that states we as counselors have the knowledge, skills and abilities to provide the services we tell clients we are going to provide. 5 gregoreva2014 Discretion: The principle of discretion upholds the privacy of the client and their communication with a COUNSELOR .

4 It is important to distinguish between the ethical premises of discretion as opposed to a legal determination with regard to confidentiality. A COUNSELOR may have a legal obligation that allows for violation of a client s confidentially, but that obligation is not necessarily ethical. Nonmaleficence is the principle of do no harm . What are the guidelines for determining if a client will be or has been harmed? For example, could a client be harmed by certain counseling practices offered in a jail setting? Is a jail an appropriate treatment setting? What are some other situations/setting that might be harmful? 6 gregoreva2014 Ethical decision-making process can be complicated.

5 You are practicing ethically in your daily routines without really thinking about it based on your training and experience. A formal decision-making process is only needed when faced with an ethical dilemma. Unfortunately, working within a criminal justice system, there are many dilemmas counselors encounter. We will first discuss the components of an ethical dilemma. 7 gregoreva2014 The very first ethical dilemma we find in the scriptures is when Adam and Eve ate of the forbidden fruit. Both had freewill and understood that if they ate of it, they would suffer the consequences - ultimately being separated from God. gregoreva2014 8 The three components of a dilemma are: a) Free moral agents essentially humans with freewill; b) These free moral agents must have knowledge of right and wrong, namely a conscious; c) The moral agents must take full responsibility for the consequences of their decision, whether it is favorable or unfavorable.

6 Gregoreva2014 9 I had the free-will to burn the bridge with Officer Buzz when he did not recognize the condition of his client. The goal was to reason with Officer Buzz. I knew right and wrong. Addiction had such a control over the client that only divine intervention could heal her. Officer Buzz was determine to have the power control over me and cause the most harsh consequences because of my actions. gregoreva2014 10 Choice must be made between two or more courses of action; Significant consequences exist for not taking one of the courses of action; Each course of action can be supported by one or more ethical principles; The ethical principles supporting the course not taken will be compromised.

7 Gregoreva2014 11 Component 1: Moral Sensitivity (Recognition) Component 2: Moral Judgment Component 3: Moral Motivation Component 4: Moral Character gregoreva2014 12 Moral sensitivity is the cognition that an ethical problem exists. I did not know that Offender John ethical problem existed. Such recognition requires being aware of how our behavior impacts others and the consequences of each potential strategy. Moral sensitivity is key to transformational ETHICS . We can not solve a moral dilemma unless we know that one is present. gregoreva2014 13 COMPONENT 2: MORAL JUDGMENT After determining there is an ethical problem, decision makers then choose among the courses of action identified in Component 1.

8 They make judgments about what is the right or wrong thing to do in this specific context. Moral judgment has been studied more than any other element of the Rest model. There is far too much information to summarize it here. Instead, I ll focus on two topics that are particularly important to understanding how problem solvers determine whether a solution is right or wrong cognitive moral development and defective reasoning. gregoreva2014 14 Lawrence Kohlberg was the leading champion of the idea that individuals progress through a series of moral stages just as they do physical ones. Each stages is more advanced that the one before. As individuals develop, their reasoning becomes more sophisticated.

9 They become less self-entered and develop broader definitions of morality. gregoreva2014 15 No discussion of moral judgment would be complete without consideration of why this process so often breaks down. Time after time very bright people make very stupid decisions. Former President Bill Clinton illustrates this sad fact. By all accounts, Clinton was one of the country s brightest leaders. Not only was he a Rhodes scholar with a nearly photographic memory but his former advisor, David Gergen reports that Clinton could hold conversations with aides and visitors while completing the New York Times crossword puzzle. gregoreva2014 16 Somehow the former chief executive thought he could have sex with an intern and keep the affair quiet despite being under constant media scrutiny.

10 Further, he did not think he would suffer any serious consequences if word got out. He was wrong on both accounts. The moral stupidity of otherwise intelligent people can be explained in part by the power of their internal enemies. Employees and managers must always be alert to the presence of the :dark side of the personality. Three factors are particularly damaging: insecurities, greed, and ego. gregoreva2014 17 MORAL MOTIVATION: AFTER REACHING A CONCLUSION ABOUT THE BEST COURSE OF ACTION, DECISION MAKERS MUST BE MOTIVATED TO FOLLOW THROUGH ON THEIR CHOICES. MORAL VALUES OFTEN CONFLICT WITH OTHER IMPORTANT VALUES LIKE LOOSING A CONTRACT WITH PROBATION , CAREER ADVANCEMENT,CUT IN ANNUAL INCOME, AND client to overdose.