NCJ Number
65907
Journal
Australian and New Zealand Journal of Criminology Volume: 12 Issue: 4 Dated: (DECEMBER 1979) Pages: 222-240
Date Published
1979
Length
19 pages
Annotation
A POTENTIAL DANGER LIES IN ADOPTING COERCIVE BEHAVIORAL MODIFICATION TECHNIQUES IN AUSTRALIAN PRISONS FOR PURPOSES OF MAINTAINING ORDER; POLICY FORMALIZATION IS NEEDED TO PROTECT INMATES' RIGHTS.
Abstract
AS A RESULT OF THE EFFECTIVE IMPLEMENTATION OF ALTERNATIVES OF IMPRISONMENT, THE INMATE POPULATION HAS DECREASED, LEAVING INSTITUTIONS WITH A POPULATION OF HARD-CORE RECIDIVIST CRIMINALS, MANY OF WHOM ARE SEVERLY PSYCHIATRICALLY DISTURBED AND DISRUPTIVE TO THE PRISON SYSTEM. THOUGH WIDELY ACCEPTED, THE DISTURBED OFFENDERS' RIGHT TO TREATMENT IS DIFFICULT TO FULFILL BECAUSE OF CONFUSION BETWEEN THE CONCEPTS OF TREATMENT AND PUNISHMENT AND VOLUNTARY AND INVOLUNTARY TREATMENT. SOME COERCIVE TREATMENT METHODS PRACTICED IN NORTH AMERICA HAVE THE IMPLICATIONS OF POTENTIAL ABUSE INHERENT IN BEHAVIOR MODIFICATION THERAPY AND THE USE OF TRANQUILIZING DRUGS. OTHER OBJECTIONABLE TECHNIQUES ARE COMPRESSED ENCOUNTER THERAPY, ELECTROCONVULSANT TREATMENTS, AND DEPRIVING INMATES OF FOOD. PRESENTLY THERE IS NO AVERSION TECHNIQUE BEING USED IN AUSTRALIAN INSTITUTIONS, BUT IT IS POSSIBLE THAT ATTEMPTS MIGHT BE MADE TO INTRODUCE BEHAVIORAL CONTROL REGIMES. THREE MEANS OF RECOURSE UNDER PRESENT CONDITIONS WOULD BE AVAILABLE TO THE INMATE PATIENTS FOR BRINGING THEIR PREDICAMENT TO OFFICIAL AND PUBLIC ATTENTION; CONTACTING THE MEDIA, INITIATING COURT PROCEEDINGS, OR COMPLAINING TO THE OMBUDSMAN OF THE JURISDICTION. SINCE ALL OF THESE PROCEDURES MAY BE EASILY FRUSTRATED, IT IS ESSENTIAL THAT A PROPOSED THERAPEUTIC BILL OF RIGHTS BE FORMALLY ADOPTED BY THE AUSTRALIAN CORRECTIONAL SYSTEM TO PROTECT PRISONERS' HUMAN RIGHTS. FOOTNOTES ARE PROVIDED. (MRK)