NCJ Number
52381
Date Published
1978
Length
18 pages
Annotation
ISSUES SURROUNDING REHABILITATIVE INTERVENTIONS BY PSYCHIATRISTS AND PSYCHOLOGISTS IN THE CRIMINAL JUSTICE SYSTEM ARE EXPLORED.
Abstract
IN REFERENCE TO THE CONTROVERSY OVER VOLUNTARY VERSUS INVOLUNTARY TREATMENT, IT IS POINTED OUT THAT, WHILE THERAPISTS ARE NEVER ETHICALLY OR LEGALLY ENTITLED TO FORCE CLIENTS TO REFORM, THERAPISTS MAY BE ENTITLED TO MAKE THEMSELVES AVAILABLE TO INVOLUNTARY CLIENTS AND TO HELP THESE CLIENTS EXAMINE PROBLEMS AND CONSIDER OPTIONS FOR CHANGE. RAPPORT IS A FIRST STEP IN THE TRANSITION FROM INVOLUNTARINESS TO VOLUNTARINESS, AND EFFORTS TO ESTABLISH RAPPORT BETWEEN THE THERAPIST AND THE INITIALLY INVOLUNTARY CLIENT ARE NO MORE INTRUSIVE OR COERCIVE THAN OTHER HUMAN CONTACTS AND CANNOT IMPAIR OR IMPERIL HUMAN INTEGRITY. THE CRITICAL IMPORTANCE OF MATCHING CLIENTS WITH APPROPRIATE TREATMENT STRATEGIES IS DISCUSSED, AND ARGUMENTS FOR DIFFERENTIAL TREATMENT ARE REVIEWED. ONE TROUBLESOME ASPECT OF DIFFERENTIAL TREATMENT--THE POSSIBILITY THAT OFFENDERS WHO ARE MOST AMENABLE TO TREATMENT AND MOST EASILY REHABILITATED MAY NOT BE THE OFFENDERS WHO ARE CAUSING MOST OF THE CRIME PROBLEM--IS NOTED. OTHER ISSUES INCLUDE DETERMINING THE APPROPRIATE LOCUS OF TREATMENT FOR OFFENDERS (WITHIN OR OUTSIDE OF THE CRIMINAL JUSTICE SYSTEM) AND DECIDING WHO SHOULD BE TREATED (THE QUESTION OF FOCUSING TREATMENT RESOURCES ON YOUNGER OFFENDERS AND THE IMPORTANCE OF MAKING CLASSIFICATION PROCEDURES RELEVANT TO THE TREATMENT DECISION). THE BROAD QUESTIONS OF WHETHER PSYCHIATRIC AND PSYCHOLOGICAL TREATMENT PROGRAMS FOR OFFENDERS ARE APPROPRIATE AND ETHICALLY DEFENSIBLE (I.E., WHETHER THERAPISTS HAVE A RIGHT TO TREAT OFFENDERS) ARE ADDRESSED IN THE CONTEXT OF SIMILARITIES AND DISSIMILARITIES BETWEEN OFFENDERS AND OTHER PERSONS TO WHOM THERAPISTS OFFER REHABILITATIVE SERVICES. PARTICULAR ATTENTION IS DIRECTED TO THREE TYPES OF OFFENDERS: THE OFFENDER WHO HAS PROBLEMS THAT HAVE NOTHING TO DO WITH A CRIMINAL CAREER; THE OFFENDER WHO WISHES TO BE FREE OF CRIME BUT WHO IS WELL ADJUSTED; AND THE OFFENDER WHO HAS PROBLEMS RELATED TO CRIMINALITY BUT WHO STEADFASTLY REFUSES TREATMENT. THE THIRD TYPE OF OFFENDER IS THE ONE WHO POSES THE ETHICAL PROBLEM, BUT THAT PROBLEM ULTIMATELY IS SEEN AS THE OFFENDER'S. IF THE OFFENDER'S CRIMES ARE SERIOUS ENOUGH, THE OFFENDER MAY HAVE TO CHOOSE BETWEEN INDEFINITE INCARCERATION AND A SACRIFICE OF INTEGRITY (THE OFFENDER'S CONCEPT OF SUBMISSION TO THERAPY). A LIST OF REFERENCES IS INCLUDED. (LKM)