NCJ Number
54508
Journal
American Journal of Jurisprudence Volume: 22 Dated: (1977) Pages: 19-54
Date Published
1977
Length
36 pages
Annotation
THE CONCEPTUAL BASES FOR VIEWING BEHAVIOR MODIFICATION IN THE CONTEXT OF THE CRIMINAL JUSTICE SYSTEM AS PUNISHMENT ARE DEVELOPED, AND ITS SEVERITY AS PUNISHMENT AND THE CONDITIONS UNDER WHICH IT SHOULD BE USED ARE DISCUSSED.
Abstract
THE AUTHOR DRAWS CONSIDERABLY FROM THE THEORIES OF PUNISHMENT DEVELOPED BY H.L.A. HART AS HE PRESENTS HIS VIEW THAT BEHAVIOR MODIFICATION CONDUCTED WITHIN THE CRIMINAL JUSTICE SYSTEM IS A FORM OF PUNISHMENT. IN THIS ESSAY, BEHAVIOR MODIFICATION REFERS TO THE USE OF OPERANT, CLASSICAL, AND AVERSIVE THERAPY AS A MEANS OF RENDERING A SUBJECT PSYCHOLOGICALLY AND PHYSICALLY INCAPABLE OF PERFORMING ACTS PROHIBITED IN THE CRIMINAL CODE. THE CRIMINAL JUSTICE SYSTEM, IN ACCORD WITH HART'S VIEW, IS PERCEIVED AS THE STRUCTURING OF CONSEQUENCES FOR BEHAVIORAL CHOICES MADE BY INDIVIDUALS WHO PARTICIPATE IN THAT SYSTEM. PUNISHMENT IS THE APPLICATION OF CONSEQUENCES THAT REQUIRE PARTICIPANTS IN THE SYSTEM TO PAY A COST FOR ENGAGING IN PROHIBITED BEHAVIOR, WITH THE COST BEING APPROPRIATELY RELATED TO SOCIETY'S DEGREE OF DISAPPROVAL OF THE PROSCRIBED BEHAVIOR. BEHAVIOR MODIFICATION IS CONSIDERED TO BE PUNISHMENT, BECAUSE IF IT OPERATES EFFECTIVELY, IT DEPRIVES THE INDIVIDUAL OF THE CAPACITY TO ACT FREELY TO TRANSGRESS SOCIETY'S LAWS, SHOULD THAT BE HIS PREFERRED BEHAVIOR. IT IS BELIEVED, THEREFORE, THAT THE SOCIAL AND POLITICAL COSTS OF BEHAVIOR MODIFICATION WOULD BE THE ELIMINATION OF ALL NONCONFORMING BEHAVIOR, WHICH WOULD IN TURN THWART THE DYNAMIC AND IMPETUS FOR REFORM AND EVOLUTIONARY CHANGES IN HUMAN INTERACTIONS. IT IS SUCH A CONSEQUENCE WHICH CAUSES BEHAVIOR MODIFICATION TO BE LABELED 'CRUEL AND UNUSUAL PUNISHMENT.' THE NARROW CONDITIONS UNDER WHICH BEHAVIOR MODIFICATION MIGHT BE FREELY CHOSEN BY AN OFFENDER ARE PRESENTED. (RCB)