NCJ Number
69212
Journal
University of Toronto Law Journal Volume: 29 Issue: 1 Dated: (1979) Pages: 51-73
Date Published
1979
Length
23 pages
Annotation
THIS CANADIAN LAW JOURNAL ARTICLE REVIEWS THE HISTORY AND STATE OF PSYCHIATRIC CARE IN BRITISH AND CANADIAN PRISONS, WITH REFERENCES TO PERTINENT CANADIAN AND U.S. COURT RULINGS.
Abstract
THE MARKEDLY HIGH RATE OF SUICIDE IN CANADIAN PENITENTIARIES AND THE DEMANDS BY INMATE REPRESENTATIVES FOR IMPROVED CLINICAL (PSYCHIATRIC) CARE ILLUSTRATE THE NEED FOR UPGRADED PRISON CLINICAL SERVICES. YET THE REHABILITATION MODEL OF CORRECTIONS HAS GENERATED A NUMBER OF ISSUES RELATED TO ITS APPROPRIATENESS IN PENAL SETTINGS. THE TENDENCY TO VIEW INMATES AS ABNORMAL PERSONS RATHER THAN AS A HETEROGENEOUS GROUP OF RULE-BREAKING PERSONS IS QUESTIONABLE. INDETERMINATE SENTENCING, A COMMON ELEMENT OF REHABILITATIVE PRISON SENTENCES INVOKED ON A PREMISE OF EARLY RELEASE, OFTEN PRODUCES LONGER CONFINEMENTS THAN FIXED SENTENCES. TREATMENT BECOMES A PUNITIVE CONTROL DEVICE WHEN PHYSICAL MEANS, SUCH AS ELECTRIC SHOCK, SPINAL INJECTION, ADVERSE CONDITIONING, AND DRUG AND HORMONE INJECTIONS ARE EMPLOYED. FURTHER, 'NEGATIVE REINFORCEMENT' CONCEPTS ARE OFTEN MISUSED BY PRISON STAFF AND RESULT IN 'THERAPEUTIC' HOSINGS, BEATINGS, AND MACINGS. THE QUESTION OF EXPANDED PRISON CLINICAL SERVICES SHOULD FOCUS ON (1) THE APPROPRIATENESS OF THE REHABILITATION MODEL OF CORRECTIONS, (2) THE CLINICAL EXPERTISE OF PRISON THERAPISTS, AND (3) THE ISSUE OF INFORMED CONSENT WHEN PRISONERS ARE OBLIGED TO SUBMIT TO TREATMENT TO 'IMPROVE THE LIKELIHOOD OF EARLY RELEASE.' APPROPRIATE CLINICAL PROGRAMS CAN INCLUDE EMERGENCY SERVICES FOR PRISONERS EXPERIENCING ACUTE CRISES OR DISORIENTATION OF A LIFE-THREATENING NATURE (E.G., ATTEMPTED HOMICIDE OR SUICIDE), OR THEY CAN INCLUDE A BROADER RANGE OF THERAPEUTIC SERVICES, SUCH AS INDIVIDUAL AND GROUP PSYCHOTHERAPY, AND SPECIAL EDUCATION PROGRAMS, AVAILABLE TO INMATES ON A VOLUNTARY PARTICIPATION BASIS. FOOTNOTES ARE INCLUDED.