NCJ Number
31412
Date Published
1975
Length
186 pages
Annotation
FOCUSING ON TRENDS IN THE LAW, THIS TEXT DETAILS THE WAYS THAT BEHAVIOR CHANGE PROJECTS CAN GO WRONG FROM A LEGAL POINT OF VIEW, AND DESCRIBES LEGAL REMEDIES TO THESE PROBLEMS.
Abstract
MODIFYING BEHAVIOR IS THE BUSINESS OF MANY OF OUR PUBLIC INSTITUTIONS, MOST NOTABLY SCHOOLS, CORRECTIONS, AND MENTAL HEALTH PROGRAMS. WHILE THE RESULTS OF THESE INSTITUTIONS MAY BE BENEFICIAL, THE TECHNIQUES USED, AND THE PROCEDURES THROUGH WHICH THEY ARE OFFERED, ARE THE SOURCE OF INCREASING LEGAL PROBLEMS. THE TREND TOWARD LEGAL CHALLENGES TO SOME OF THESE PROCEDURES IS FIRST DISCUSSED. THE AUTHOR THEN DESCRIBES THE ISSUES THAT CAN BE RAISED ABOUT THE LEGITIMACY OF GOVERNMENT INTERVENTION TO EFFECT BEHAVIORAL MODIFICATION. THE TEXT EXAMINES IN DETAIL THE PROBLEM AREAS WHICH BEHAVIOR MODIFICATION PROGRAMS MUST FACE: ISSUES OF CONSENT, SELECTING A STRATEGY, ESTABLISHING GOALS, MOTIVATING BEHAVIOR CHANGE, CONTRACTUAL PROBLEMS, ACCOUNTABILITY, SUPERVISION AND CONTROL, AND RECORDS. LEGAL, PRIVATE, AND PUBLIC REMEDIES TO POSSIBLE ABUSES IN BEHAVIOR MODIFICATION ARE REVIEWED. AN ANNOTATED TABLE OF CASES IS INCLUDED.