NCJ Number
39766
Journal
New England Journal on Prison Law Volume: 3 Issue: 1 Dated: (FALL 1976) Pages: 15-46
Date Published
1976
Length
32 pages
Annotation
THIS ARTICLE EXAMINES POSSIBLE LEGAL LIMITATIONS ON LEARNING THEORY BEHAVIOR MODIFICATION TECHNIQUES IN CORRECTIONS, FOCUSING ON TOKEN ECONOMIES AND TIER ADVANCEMENT SYSTEMS.
Abstract
IN THE FIRST PART OF THE ARTICLE, TOKEN ECONOMIES AND TIER ADVANCEMENT SYSTEMS ARE DEFINED AND THEIR USE IN JUVENILE CORRECTIONAL INSTITUTIONS IS DISCUSSED. SUBSEQUENT SECTIONS ANALYZE LEGAL PROBLEMS RAISED BY THE SELECTION OF TARGET BEHAVIORS AND CHOICE OF REINFORCERS IN THESE TYPES OF PROGRAMS, AND EXPLORE THE APPLICABILITY OF THE DOCTRINE OF INFORMED CONSENT TO THEM. THE AUTHOR STATES THAT THE PLACEMENT OF AN INMATE INTO A PROGRAM EMPLOYING A 'DEPRIVATION SITUATION' AS THE FIRST STAGE IN BEHAVIORAL CHANGE OR AN ENVIRONMENT LACKING PRIVILEGES GENERALLY AVAILABLE TO PRISONERS MAY REQUIRE A LIMITED DUE PROCESS HEARING BEFORE PROGRAM INDUCTION. DEMOTIONS IN TIER SYSTEMS OR LOSS OF TOKENS IN A TOKEN ECONOMY MAY SIMILARLY DEMAND DUE PROCESS SAFEGUARDS. THE USE OF IDIOSYNCRATIC REINFORCERS AVOIDS THIS DUE PROCESS PROBLEM BECAUSE NO VESTED LIBERTY OR PROPERTY INTERESTS ARE INVOLVED. HE CONCLUDES THAT WITHOUT A CAREFUL REGARD FOR TRADITIONAL LEGAL PRECEPTS PROTECTING MIND, FREEDOM, AND DIGNITY, EXPERIMENTERS WITH THE NEW SCIENCE OF OPERANT CONDITIONING CANNOT FUNCTION UNDER OUR SYSTEM OF LAW AND JUSTICE. (AUTHOR ABSTRACT MODIFIED)...EB