NCJ Number
39278
Journal
Arizona Law Review Volume: 18 Issue: 1 Dated: (1976) Pages: 110-146
Date Published
1976
Length
37 pages
Annotation
THIS NOTE DISCUSSES THE EXTENT TO WHICH THE EIGHTH AMENDMENT RESTRICTS THE USE OF BEHAVIOR MODIFICATION WITHIN THE PRISON SETTING.
Abstract
THE TRADITIONAL AND EMERGING CONCEPTS OF PUNISHMENT ARE EXAMINED AND COMPARED TO THE THEORIES, OBJECTIVES, AND EFFECTS OF BEHAVIOR MODIFICATION TO DETERMINE WHETHER OR NOT SUCH PROGRAMS CAN BE CONSIDERED PUNISMENT. NEXT, BEHAVIOR MODIFICATION PROCEDURES WHICH MAY BE CLASSIFIED AS PUNISMENT ARE SCRUTINIZED UNDER THE EIGHTH AMENDMENT STANDARDS PROSCRIBING CRUEL AND UNUSUAL PUNISHMENT. THE QUESTION OF WAIVER OF RIGHTS WHERE BEHAVIOR MODIFICATION IS FOUND TO CONFLICT WITH THE EIGHTH AMENDMENT IS DISCUSSED TO DETERMINE WHETHER THE PROTECTION AGAINST CRUEL AND UNUSUAL PUNISHMENT CAN BE WAIVED BY A PRISONER WILLING TO UNDERGO AN OTHERWISE UNCONSTITUTIONAL TREATMENT. CONSIDERATION IS ALSO GIVEN TO THE REVOCABILITY OF SUCH A WAIVER. (AUTHOR ABSTRACT MODIFIED)...EB