NCJ Number
54117
Journal
Revue de droit penal et de criminologie Volume: 58 Issue: 4 Dated: (APRIL 1978) Pages: 401-409
Date Published
1978
Length
9 pages
Annotation
THE ABRUPT CHANGE OF OPINION SINCE THE SIXTIES IN CANADA AND THE UNITED STATES REGARDING REHABILITATION AND TREATMENT FOR CRIMINALS IS CHARACTERIZED.
Abstract
ACCORDING TO THE THERAPEUTIC ETHIC AND POLITICAL LIBERALISM UNDERLYING THE REHABILITATION CONCEPT, CRIME IS DEVIANT BEHAVIOR CAUSED BY INDIVIDUAL OR SOCIAL PATHOLOGY, AND CRIMINALS ARE TO BE TREATED FOR THEIR DISORDERS ON AN INDIVIDUAL BASIS AT THE DISCRETION OF THE JUDGE AND THE REHABILITATION AUTHORITIES. THE INTELLECTUAL REACTION AGAINST THE REHABILITATION THEORY IS BASED ON THE EXTRAORDINARY GROWTH IN CRIME RATES IN THE SIXTIES AND ON REJECTION BY THE POLITICAL AND SOCIOECONOMIC LEFT AGAINST THE LIBERAL VIEWPOINT. THE NEW THEORY VIEWS CRIMINALS NOT AS DERANGED INDIVIDUALS IN NEED OF TREATMENT BUT AS HEROES REBELLING AGAINST THE OBJECTIVES AND METHODS OF AN UNJUST SOCIETY. BEHAVIORAL EXPERTS ARE NOT PRACTITIONERS OF ENLIGHTENMENT SCIENCE, BUT PARTISANS OF THE RULING CLASSES. THE DISTRUST OF SOCIAL SCIENTISTS AND PSYCHIATRISTS, THE IMPRISONMENT OF CANADIAN TERRORISTS, AND THE REACTION AGAINST MIDDLE-CLASS PROFESSIONALS IN INSTITUTIONS WHO TREAT DISADVANTAGED CRIMINALS ARE EVIDENCE OF THIS DIRECTION OF THOUGHT. SUCH BOOKS AS THAT OF JESSICA MITFORD IN 1973 ADVOCATE THE ELIMINATION OF 'TOTALITARIAN INSTITUTIONS.' NEW WAVE CRIMINOLOGISTS PROPOSE ABANDONMENT OF OBLIGATORY TREATMENT ON ONE HAND, AND AND ON THE OTHER, RIGHTS FOR PRISONERS, OPTIMAL TREATMENT IN AN INSTITUTION WITH CONTRACTUAL AGREEMENTS ON THE DATES OF CONDITIONAL RELEASE, AND MASSIVE UTILIZATION OF COMMUNITY RESOURCES. FURTHERMORE, EVALUATION OF TREATMENT SUCCESS BY SPECIALISTS THEMSELVES INDICATES THAT NO MODEL FOR EFFECTIVE TREATMENT EXISTS. A NUMBER OF INTELLECTUALS, PUBLIC ADMINISTRATORS, AND POLITICIANS PREVIOUSLY SYMPATHETIC TO REHABILITATION SUPPORT RESTORATION OF PUNISHMENT GOVERNED BY THE PRINCIPLE OF EQUITY, WHILE AN EQUITABLE SYSTEM OF JUSTICE IN CRIMINAL MATTERS IS DESIRABLE, SOCIAL JUSTICE IS DEEMED THE REAL SOLUTION. A BIBLIOGRAPHY IS SUPPLIED. --IN FRENCH. (KMD)