NCJ Number
99607
Date Published
1985
Length
55 pages
Annotation
Following an examination of both psychological and physiological behavior modification techniques, this report examines moral and legal issues involved in such techniques and recommends appropriate reforms in current Canadian law.
Abstract
Psychological techniques considered include psychotherapies (individual, group, and milieu therapies) and behavioral therapies, such as positive and negative reinforcement and desensitization. Physiological techniques discussed include pharmacotherapy, electroconvulsive therapy, electrical stimulation of the brain, psychosurgery, and castration. Three major issues are addressed as they relate to the use of such techniques and applicable legal provisions: personal autonomy and consent; the inviolability of the person and the protection of psychological integrity; and the use of such techniques as a sanction or method of social control, particularly with offenders. The report supports the same legal protections for psychological integrity as are afforded physical integrity. Thus, access to such treatments must be free and voluntary. In addition to a right to give informed consent to treatment, there must be a right to refuse consent except in exceptional circumstances. Specific recommendations address the (1) rights of the involuntarily confined psychiatric patient, (2) treatment of prisoners, and (3) specific amendments in the Canadian Criminal Code. A total of 91 references are included.