PROBLEMS OF ACHIEVING REHABILITATION AND PUNISHMENT IN SPECIAL SCHOOL ENVIRONMENTS

• NCJ Number: 62534
• Journal: Journal of Law and Education Volume: 7 Issue: 2 Dated: (APRIL 1978) Pages: 165-176
• Author(s): D K WILES; E ROCKOFF
• Date Published: 1978
• Length: 12 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE LEGAL IMPLICATIONS OF IN-SCHOOL SUSPENSION OF STUDENT OFFENDERS ARE EXPLORED BY DRAWING ORGANIZATIONAL COMPARISONS BETWEEN SPECIAL SCHOOL ENVIRONMENTS AND HOSPITAL SETTINGS WITHIN A LARGER PRISON CONTEXT.

Abstract

INSTITUTIONAL COMPARABILITY BETWEEN THE SCHOOL AND THE HOSPITAL PRISON ENVIRONMENT RESTS ON THE GENERAL NATURE OF THE TWO ORGANIZATIONS, THE TYPES OF 'SPECIAL' CLIENTS, THE GOVERNANCE ARRANGEMENTS FOR MAKING CLIENT JUDGMENTS, AND THE LENGTH OF CLIENTS' COMMITMENT TO THE SPECIAL ENVIRONMENT ONCE THEY HAVE BEEN PUNISHED OR IDENTIFIED FOR REHABILITATION. ONLY MINOR DIFFERENCES EXIST BETWEEN THE SCHOOL'S CREATION OF A SPECIAL ENVIRONMENT FOR PUNISHMENT AND REHABILITATION AND THAT OF A HOSPITAL FOR SELECT PRISONERS. FURTHERMORE, THE PRISONER CLASSIFIED 'DEFECTIVE DELINQUENT' FOR SOCIAL BEHAVIOR REASONS AND THE STUDENT CLASSIFIED 'SOCIALLY MALAJUSTED' ARE APPROXIMATE IN RELATION TO POSSIBLE INCLUSION IN A SPECIAL ENVIRONMENT. ILLUSTRATIONS INCLUDE PENNSYLVANIA'S PRISON-HOSPITAL SYSTEM AS AN EXAMPLE OF A SEPARATE, SPECIALIZED HOSPITAL ENVIRONMENT; AND MARYLAND'S SYSTEM AS A MODIFIED, 'SPECIAL' PRISON SETTING FOR CLIENTS JUDGED MENTALLY DEFECTIVE. BOTH FACILITIES' RELEASE PROCEDURES ARE DESCRIBED AS A 'GRADED TIER' LEVEL OF CLIENT ADVANCEMENT WHICH DETERMINES THE RELEASE PROCESS. THE REHABILITATIVE CAPACITY OF PRISON-HOSPITALS CAN BE RAISED AS A VIABLE LEGAL QUESTION BECAUSE NO STANDARDS ARE PROVIDED FOR INSTITUTIONAL EVALUATION AND, THUS, NO MEANS EXIST TO DETERMINE THE CRUCIAL ISSUES OF AN INDIVIDUAL PATIENT-PRISONER'S CONSTITUTIONAL RIGHTS. THE ACHIEVEMENT OF REHABILITATION AND PUNISHMENT RAISES DIRECT QUESTIONS FOR IN-SCHOOL SUSPENSION PRACTICES. FUTURE LEGAL ACTION MAY WELL CENTER ON SUCH BROAD AREAS OF CONCERN AS THE IDENTITY OF STUDENT CLIENTS, THE NATURE OF THE SPECIAL SCHOOL ENVIRONMENT, AND THE IDENTITY OF THOSE WHO WILL REHABILITATE. FOOTNOTES ARE PROVIDED. (DEG)