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Select Legal and Ethical Aspects of Fitness for Duty Evaluations

NCJ Number
168667
Journal
Journal of Criminal Justice Volume: 25 Issue: 3 Dated: 1997 Pages: 223-229
Author(s)
J T Super
Date Published
1997
Length
7 pages
Annotation
This article reviews relevant legal and ethical considerations as they pertain to fitness for duty evaluations (FFDE's) within the criminal justice system in general and within police departments in particular.
Abstract
FFDE's regarding physical fitness have a long history, but FFDE's regarding psychological state have come to the forefront only during the past two decades. The contents of FFDE reports are widely debated, one of the problems being concern over diagnosis and labeling biases. Case law suggests that police departments have the right to mandate FFDE's, if their mental health or emotional stability is called into question; that police chiefs have both the right and the responsibility to order FFDE's; that individuals required to undergo an FFDE do not have the privilege of allowing their counsel to attend interviews or testing sessions; and that courts have shown it is more compelling for police departments to ensure officers are psychologically stable than it is to respect privacy rights of officers if mental fitness is in question. Relevant ethical considerations in the use of FFDE's are noted, and suggestions to guide police departments in the use of FFDE's are offered. 14 references