Establishing a compulsory drug treatment prison: Therapeutic policy, principles, and practices in addressing offender rights and rehabilitation

A Compulsory Drug Treatment Correctional Center (CDTCC) was established in Australia in 2006 for repeat drug-related male offenders. Compulsory treatment law is inconsistent with a therapeutic jurisprudence approach. Despite the compulsory law, a normative offender rehabilitation framework has been established based on offender moral rights. Within moral rights, the offender rehabilitation framework addresses the core values of freedom (supporting autonomous decision-making) and well-being (supporting support physical, social, and psychological needs). Moral rights are underpinned by a theory or principle which, in this instance, is a humane approach to offender rehabilitation. While a law that permits offenders to choose drug treatment and rehabilitation is preferable, the article discusses the establishment of a prison based on therapeutic policy, principles, and practices that respond to participants as both rights-violators and rights-holders. The opportunity for accelerated community access and a therapeutic alliance with staff has resulted in offenders actively seeking to be ordered into compulsory drug treatment and rehabilitation.     

Envisioning life "on the outs": exit narratives of incarcerated male youth

In this article, the author explores the significance of "exits" for juvenile male offenders who are preparing to leave correctional institutions. The analysis focuses on practical and cognitive exit strategies, anticipated challenges, and future visions based on qualitative interviews with 20 juvenile males (ages 15-17 years) from two correctional facilities in the upper Midwest region of the United States. At the juncture of exit, all of the youth were involved in practical preparation for reentry and shared an emphasis on the theme of "individual responsibility" for their futures. However, the cognitive strategies they used to prepare for exit were strongly differentiated by level of motivation or expressed "openness" to change. Youth who had little motivation to change tended to deny the potential challenges associated with their return to the community, whereas those who expressed a greater openness to change were contemplating how to achieve an alternative, law-abiding future while realistically considering the potential pitfalls of crime temptations. Ambivalence about change was the most common pattern, expressed as a desire to move toward desistance but lacking the internal confidence or sense of social support to achieve such change. From these findings, implications for theory and practice are proposed.     

IMPACT OF A YOUTH SERVICE CENTER

The influences of a Youth Service Center are assessed in two South Philadelphia police districts and two pairs of selected comparison districts, using Uniform Crime Reports (UCR) and the Youth Center's caseload arrest data. UCR data indicate a slight change in arrest rates within the selected target districts and fluctuating rates within comparison districts. Data for Youth Center Clients show a 26% decrease in arrests during a oneyear period, particularly for white youths. but analysis of other important factors that may have an impact on arrest rates suggests thar it is impossible at this time to demonstrate that the Youth Service Center is significantly decreasing official juvenile delinquency.     

Cognitive Skills,Adolescent Violence,and the Moderating Role of Neighborhood Disadvantage

Numerous studies uncover a link between cognitive skills and adolescent violence. Overlooked is whether the relationship changes at varying levels of neighborhood disadvantage. We examine the issue by contrasting two models that place individual difference in cognitive skill within a social‐structural framework. Using five waves of the 1997 National Longitudinal Survey of Youth and a three‐level hierarchical model, results indicate that cognitive skill is inversely associated with violence and that the relationship is strongest in non‐disadvantaged neighborhoods. However, the cognitive skills–violence relationship is indistinguishable from zero in the most disadvantaged neighborhoods. The findings are therefore consistent with the hypothesis that social expression of developed ability is muted in disadvantaged contexts.     

Imagination and Choice

Individual choice is a central feature of the psychological portrait drawn by nearly every established school of thought in modern American jurisprudence. Legal scholars are increasingly interested in piercing the conceptual surface of choice to inquire into its actual psychological workings. The study of choice in this emerging behavioral legal scholarship draws primarily from cognitive psychology. This article argues that this important inquiry into choice should be broadened to include modern psychoanalytic ideas about imagination. An example of the importance of a psychoanalytic perspective on imagination is provided by the law governing the enforceability of prenuptial agreements. As this discussion illustrates, psychoanalytic psychology, in conjunction with research from the cognitive sciences, provides a valuable framework for examining assumptions about individual choice in law.     

性别形成和差异的社会认知理论述评

性别形成的理论主要有心理分析理论、认知发展理论、性别图式理论和社会认知理论，性别形成的社会认知理论是对性别形成和差异的合理解释。社会认知理论整合了心理因素和社会文化决定因素，认为性别概念和性别角度是广泛的社会网络相互作用的结果。人类的进化提供了身体结构和生物潜能，即可能性，而不是固定的性别差异模式。人们对自身发展的贡献和带来的社会变迁通过相互关系、相互影响的能力活动构成了性别关系。     

Pygmalion in the reintegration process: Desistance from crime through the looking glass

The study of desistance from crime has come of age in recent years, and there are now several, competing theories to account for the ability of long-term offenders to abstain from criminal behavior. Most prominently, recent explanations have borrowed elements from informal social control theory, differential association theory and cognitive psychology. In the following, we argue that labeling theory may be a neglected factor in understanding the desistance process. Drawing on interview data collected as part of a study of an offender reintegration program, we illustrate how the idea of the “looking-glass self-concept” and others is a useful metaphor in understanding the process of rehabilitation or recovery in treatment programs.     

The Importance of Ecological Context for Correctional Rehabilitation Programs: Understanding the Micro- and Macro-Level Dimensions of Successful Offender Treatment

The resurgence of support for offender rehabilitation has led to an increased emphasis on correctional program integrity. Treatment programs are now being evaluated and tailored in accordance with the principles of effective intervention, which are rooted primarily in methods of individual behavior modification through a social learning approach. The problem with this exclusive focus on the individual is that it fails to recognize the importance of certain ecological factors that have been shown to be significant predictors of recidivism. The purpose of the current research, therefore, is to examine the impact of structural characteristics on both treatment program quality and effectiveness of halfway house programs in Ohio. Our results reveal that ecological context influences the magnitude of program treatment effects largely indirectly though its influence on program quality. The implications of these findings for correctional theory and practice are discussed.     

Trying differently: A relationship-centered approach to representing clients with cognitive challenges

This article demonstrates the usefulness of an innovative framework called "Relationship-Centered Lawyering" to enhancing real world legal practice. It uses the example of lawyers, particularly criminal defense lawyers, who often deal with clients with cognitive challenges. The article developed out of a series of workshops conducted jointly by the co-authors, an American law professor with a social work background, and a Canadian criminal defense lawyer and family mediator who is an international expert on Fetal Alcohol Spectrum Disorder and other Neuro-Behavioral Disorders (FA/NB). The paper describes the relational theory Brooks developed (along with Robert Madden), along with the science of cognitive impairments, with a specific focus on FA/NB. The paper provides two illustrations of the relational framework by explaining Boulding's strategy of creating what is called the "external brain" and his techniques of relational interviewing.     

Linking self- and social control with deviance: Illuminating the structure underlying a general theory of crime and its relation to deviant activity

The present paper operationalizes and empirically tests the most recent theoretical speculations of Hirschi and Gottfredson regarding an individual level characteristic of self-control and its relation to earlier specifications of control theory as well as the literature on personality. Linkages are drawn between their broad delineation of self-control and personal disorders of hyperactivity, impulsivity, attention deficits, and minor conduct problems. Psychologists disagree about whether such disorders represent single or multiple traits and whether both behavioral and cognitive measures can appropriately depict personality characteristics. Employing structural equation techniques, support for several propositions derived from Gottfredson and Hirschi's thesis is found: Self-control subsumes several personality disorders and is significantly comprised by early behavioral indicators of aggression and fighting, is inversely related to other elements of the social bond, is moderately stable over a short period of time, and significantly predicts criminal convictions. However, questions remain regarding the ubiquity of self-control, the magnitude and meaning of stability, and the power of this perspective to explain all forms of self-reported delinquency.     

Westmoreland County Youth Commissions: A Diversionary Program Based on Balanced and Restorative Justice

The Westmoreland County Youth Commission is a diversionary program based on Balanced and Restorative Justice. The purpose of the program is to reduce caseload and lower costs of the juvenile court as well as provide youths with a rehabilitation program with close supervision. This study was exploratory in nature to describe what has been happening with youths diverted to the Youth Commissions. Data was collected from the 19 Youth Commissions, and a total of 559 cases were reviewed. Outcome data reveals that young offenders were assessed individually, and sanctions were imposed to hold them accountable, cultivate competency, and have them become cognizant of their part in community protection/public safety. Overall, 91% of the youths completed the program. Thus, this program appears to be a viable alternative to juvenile court processing.     

Karl Renner and (Intellectual) Property—How Cognitive Theory Can Enrich a Sociolegal Analysis of Contemporary Copyright

This article deals with copyright regulation meeting the quite rapid societal changes associated with digitization, and it does so by reinterpreting Karl Renner's classical texts in the light of contemporary cognitive theory of conceptual metaphors and embodiment. From a cognitive theory perspective, I focus on the notion that the legal norms only appear to be unchanged—the Renner distinction between form and function. This includes social norms, technological development, and changes in social structures in general, which create a social and cognitive reinterpretation of law. This article, therefore, analyzes the contemporary push for copyright as property, which I relate to historical claims for copyright as property as well as de facto legal revisions in intellectual property faced with the challenges of digitization. Of particular relevance here is what Renner described in terms of property as an “institution of domination and control,” and thus the increased measures for control that are added to a digital context in the name of copyright.     

Therapeutic jurisprudence and responsivity: Finding the will and the way in offender rehabilitation

Correctional systems worldwide are currently undergoing a shift towards rehabilitation. Underpinning rehabilitation are the principles of risk, need, and responsivity. Responsivity includes internal responsivity (offender characteristics) and external responsivity (staff and setting characteristics). The responsivity principle has been neglected in the literature. While contemporary psychological theories of offender rehabilitation address internal responsivity, they do not address external responsivity, particularly in relation to the impact of the law. Therapeutic jurisprudence as a legal theory provides the opportunity to complement psychological theory and to address responsivity in offender rehabilitation. Therapeutic jurisprudence utilizes psychological knowledge to determine ways in which the law can enhance individual well-being. The purpose of this article is to demonstrate a psycholegal approach to offender rehabilitation. Psychological approaches can be applied to motivate offenders and provide them with the opportunity to make informed decisions about participation in rehabilitation programmes. However, this approach will not succeed without harnessing correctional staff as legal actors and potential therapeutic agents. A cognitive--behavioural model of an organizational culture change towards rehabilitation is proposed. In this endeavour “the will and the way” in both offenders and staff can be harnessed to maximize the therapeutic effects of the law.     

Crime Victims and the Social Services: Social Workers' Viewpoint

The aim of this article is to analyse how social workers in the social services describe crime victims and their role in supporting these victims. Based on focus groups with social workers in the social services, it is established that social workers discriminate between a categorical understanding of crime victims and an assessment of individuals in need. The categorical understanding of crime victims is connected to weakness and innocence, and the discussions are constructed with a focus on women and children. However, when the social workers move beyond this idea and describe individual victims of crime they have met, they attribute a more complicated picture and acknowledge the complexity of crime and victimization. The social workers give themselves a vague role regarding support to victims of crime. They consider themselves as able to connect individuals in need with helping resources, but they do not regard themselves as resources in this area. According to the social workers, an individual should not receive support from the social services just because he or she is categorized by them as a victim of crime. One conclusion is that the category ‘crime victims’ has not gained acceptance among the social workers.     

A combined therapy model (individual and family) for children with sexual behavior problems

This article describes one model from a variety of therapy methods used in the Center for the Prevention and Treatment of Sexual Aggression Among Children. The model combines family and individual therapy for children with sexual behavior problems. The frequency is of two successive individual sessions followed by one family session. The family sessions include the child and both parents, and in some cases siblings are also invited. The article specifies the importance of family therapy for this population and describes the context for appropriate interventions. It gives the characteristics of families whose children are having sexual behavior problems and who are suitable for therapy according to this model. The article deals, among other issues, with the importance of marking boundaries, talking about the fear, restructuring the family and changing behavioral patterns, and recreating communication channels.     

Treatment-Related Changes in Behavioral Outcomes of Psychopathy Facets in Adolescent Offenders

This study examines the association between the facets of psychopathy embedded in the Psychopathy Checklist: Youth Version (PCL:YV; Forth et al., Psychopathy Checklist: Youth Version, 2003), and changes in institutional behavior and post-treatment violent and general offending in a sample of juvenile delinquent males treated in the Mendota Juvenile Treatment Center (MJTC), an intensive treatment program. Affective, Interpersonal, Behavioral and Antisocial facet scale scores were calculated from items of the Psychopathy Checklist: Youth Version (PCL:YV; Forth et al., 2003). Data on daily institutional behavior were collected from treatment records. In order to analyze re-offense patterns, the number and type of new criminal charges were collected over a mean follow-up of 54 months (range = 24–79 months), after the youth was released from custody. The Interpersonal facet of the PCL:YV was significantly related to admission behavior problems, while other facet scores were not. Youth with elevated Interpersonal facet scores showed the greatest improvement in institutional behavior during treatment. Treatment was also associated with a significant decrease in general and violent offending for each facet. The Interpersonal facet of the PCL:YV was found to play a key role in institutional and community violence in this study. Treatment appeared to disrupt the link between institutional and community violence and psychopathy features in this population.     

Aspects of childhood in rural Greece: Children in a mountain village (ca. 1900–1940)

This essay examines childhood in a mountain village in central mainland Greece during the early 20th century and the interwar period. It gives an overview of an analytical case study conducted by the author within the context of the project “Historical Archives of Greek Youth” at the Greek National Research Center. The article draws on various sources, although principally on oral evidence. After a brief survey of the general and local socioeconomic context, it looks at children's lives and socialization inside and outside the household, focusing on family economy and interfamilial relationships within the context of home, school, community, and play, and tracing the relations of these domains to family and household. It points to the existence of childhoods rather than childhood, defined by gender and the specific socioeconomic position of the family. It argues that rural mountain society in Greece did not see its future in agriculture and examines the extent to which school education of boys functioned as a means of family urbanization and social mobility. Children alternated between traditional social structures and urban living patterns.     

Legal Aim, Discretion, and Social Control

This study attempts to ascertain how the legal a i m of rehabilitation are applied, as well as their social control consequences for a group of offenders sentenced under the Federal Youth Corrections Act (FYCA) of 1950. Discriminant function analyses were conducted on a random sample of 452 persons selected f o r a "special" FYCA rehabilitative disposition and 758 persons accorded a regular punitive disposition, to determine 1) the factors that influence the judge's choice between these two outcomes; and 2) if persons sentenced under the special rehabilitative provision spend more or less time incarcerated, relative to those given a regular disposition Our analyses indicate that age is the single discriminator of much significance in determining whether an offender is given a FYCA or regular disposition, with younger persons more likely to receive rehabilitative treatment. Little support was found for the contention that greater intrusiveness of social control inevitably results from adoption of a rehabilitative form of social control as opposed to a regular punitive disposition. The implications of these findings for the application and consequences of the FYCA are discussed.     

Superego,special juries and a split law: eighteenth-century adultery trials viewed through Zizek’s lens

Over the course of several books, Zizek develops a psychoanalytical account of the symbiosis between the public law and the individual subject’s own acquiescence. It is of course a non-formalist theory, suggesting that formal law alone does not achieve social order. This article applies an element of the theory empirically to a historical question: to the question of how the behaviour of juries in a particular type of 18th-century adultery trial managed to be both the object of contemporary controversy and an expression of normative values. The social ambivalence signalled by that doubleness opens surprisingly well to Zizek’s theory that the power of law is divided between its own public form and the subjects’ expression of superego. The theory of the split law, the hidden supplement outside the system, clarifies the historically-specific example. However, the historical example also illuminates the theory: it suggests how the space for this supplement also exists within the system, which can incorporate and make use of it.