BEHAVIOR MODIFICATION AND THE LAW - IMPLICATIONS OF RECENT JUDICIAL DECISIONS

• NCJ Number: 49934
• Journal: Journal of Psychiatry and the Law Volume: 4 Issue: 2 Dated: (SUMMER 1976) Pages: 171-244
• Author(s): K S BUDD; D M BAER
• Date Published: 1976
• Length: 74 pages
• Grant Number(s): HD-00183
• Sponsoring Agency: US Dept of Health, Education, and Welfare; US Dept of Health,Education, and Welfare
• Corporate Author: Federal Legal Publications, Inc
• Sale Source: Meyer Children's Rehabilitation Institute
• Language: English
• Country: United States of America

Annotation

COURT DECISIONS RELATING TO BEHAVIOR MODIFICATION PROCEDURES ARE REVIEWED, UNRESOLVED ISSUES RAISED BY THE DECISIONS ARE CONSIDERED, AND SOME SOLUTIONS TO THESE PROBLEMS ARE SUGGESTED.

Abstract

SOME RECENT COURT DECISIONS INDICATE AN UNPRECEDENTED JUDICIAL INTEREST IN BOTH ARTICULATING THE RIGHTS OF INSTITUTIONAL RESIDENTS AND ESTABLISHING STANDARDS TO INSURE THAT THESE RIGHTS ARE PROTECTED. THE OVERALL IMPLICATION OF THESE DECISIONS FOR BEHAVIOR MODIFICATION IS THAT THE TRADITIONAL DISCRETIONARY BOUNDS OF PROGRAM ADMINISTRATORS IN SELECTING AND APPLYING TREATMENT TECHNIQUES SHOULD BE LIMITED. IN THEIR ACTIONS TO CURB HARMFUL AND/OR UNNECESSARY INTERVENTIONS INTO THE LIVES OF INMATES, SOME COURTS HAVE PROMULGATED RULES THAT MAY AT TIMES DELAY OR EVEN PROHIBIT THERAPEUTIC INTERVENTIONS. MANY OF THE CASES DISCUSSED BEAR ONLY AN INDIRECT RELATIONSHIP TO THE CIRCUMSTANCES AND PROCEDURES INVOLVED IN THE USE OF CERTAIN BEHAVIOR MODIFICATION TREATMENTS; AND THUS, THE RAMIFICATIONS OF THESE COURT DECISIONS FOR BEHAVIOR MODIFICATION ARE DEEMED UNCLEAR AND WILL PROBABLY NEED TO BE RESOLVED THROUGH FUTURE LITIGATION. THE TESTIMONY OF BEHAVIORAL PSYCHOLOGISTS IS NEEDED TO RESOLVE THESE ISSUES IN FUTURE CASES. IT IS HOPED THAT BECAUSE TREATMENT IS A FUNDAMENTAL GOAL OF INSTITUTIONALIZATION, COURTS MAY BE RESPONSIVE TO RECOMMENDATIONS FOR MODIFYING AND FURTHER ARTICULATING JUDICIAL RULINGS TO BETTER SERVE THERAPEUTIC INTERESTS. COURTS ARE URGED TO ALLOW ADVOCACY COMMITTEES TO ASSUME RESPONSIBILITY FOR DECIDING WHETHER CERTAIN TREATMENT PROCEDURES ARE JUSTIFIED IN SPECIAL CASES. SUCH COMMITTEES, COMPOSED OF BOTH PROFESSIONAL AND LAY MEMBERS, ARE IN THE BEST POSITION TO PROVIDE REASONED DECISIONS BASED ON THE PARTICULAR FACTS OF A CASE, AND THUS WOULD SERVE THE INDIVIDUAL INTERESTS OF THE RESIDENT WHILE ALLOWING A MEASURE OF FLEXIBILITY IN CHOOSING TREATMENT STRATEGIES. (RCB)