NCJ Number
46035
Journal
University of Toronto Law Journal Volume: 26 Issue: 1 Dated: (1976) Pages: 17-27
Date Published
1976
Length
11 pages
Annotation
PROBLEMS WITH CANADA'S PENITENTIARY PSYCHIATRIC PROGRAM ARE DISCUSSED, WITH EMPHASIS ON THE SOCIAL CONTROL ROLE ASSUMED BY PRISON PSYCHIATRISTS.
Abstract
THE CENTRAL PROBLEM OF THE PENITENTIARY PSYCHIATRIC PROGRAM IS THAT, RATHER THAN REMAINING CONTENT WITH THE MINOR ROLE OF PROVIDING CARE TO THOSE WHO WANT AND MEDICALLY NEED IT, THE PROGRAM HAS ASSUMED THE TASK OF TRYING TO CURE EVIL. PRISON PSYCHIATRISTS HAVE ACCEPTED THE ROLE OF CONTROLLERS OF SOCIAL DEVIANCE, THEREBY MOVING INTO THE REALM OF MORAL JUDGMENTS WITH SOCIOPOLITICAL CONSEQUENCES. SOCIETY HAS LONG USED PSYCHIATRISTS TO LEGITIMATE AND EFFECT A VARIETY OF SOCIAL CONTROL PRACTICES. PROTECTED BY A MYTH OF TREATMENT/CURE WILLINGLY COLLABORATED IN BY SOME PSYCHIATRISTS, THE STATE IS ABLE TO LEGITIMATE VARYING TERMS AND CONDITIONS OF INCARCERATION FOR A WIDE RANGE OF DEVIANTS. HAVING PSYCHIATRISTS IN THE PENAL SYSTEM MEANS THAT A PERSON SUBJECTED TO PSYCHIATRIC TREATMENT RECEIVES TWO PUNISHMENTS FOR ONE CRIME. PARTICULARLY IF HIS ILLEGAL OFFENSE AND HIS ALLEGED ILLNESS BOTH ARE JUDGED ON THE BASIS OF THE SAME CONDUCT, HE IS SUBJECTED TO THE LEGAL SANCTION OF IMPRISONMENT AND ITS ATTENDANT PHYSICAL DEGRADATION AND TO THE PSYCHIATRIC SANCTION OF TREATMENT THAT LEADS TO PSYCHOLOGICAL DEGRADATION AND THAT CAN AFFECT THE LENGTH AND SEVERITY OF THE LEGAL SANCTION. PRISON PSYCHIATRIC SERVICES SHOULD NOT BE ELIMINATED ENTIRELY, BUT IN MOST CASES THEY SHOULD NOT PLAY A PART IN THE DECISIONMAKING THAT AFFECTS THE INMATE'S CHANCES FOR PARTICIPATION IN INSTITUTIONAL PROGRAMS, FURLOUGH, PAROLE, OR RELEASE. (AUTHOR ABSTRACT MODIFIED--LKM)