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BEHAVIORAL MODIFICATIONS AS A POTENTIAL INFRINGEMENT ON PRISONER'S RIGHT TO PRIVACY

NCJ Number
41003
Journal
New England Journal on Prison Law Volume: 1 Issue: 2 Dated: (FALL 1974) Pages: 180-202
Author(s)
J BRANT
Date Published
1975
Length
23 pages
Annotation
THIS ARTICLE DESCRIBES THE USE OF NEW AND CONTROVERSIAL METHODS OF BEHAVIORAL MODIFICATION IN PRISONS, AND EVALUATES THEM IN RELATION TO THE DEVELOPING NOTION OF A CONSTITUTIONAL RIGHT TO PRIVACY.
Abstract
PRISONS HAVE LONG BEEN RECOGNIZED AS HAVING SEVERAL FUNCTIONS, ONE OF WHICH IS THE MODIFICATION OF CRIMINAL BEHAVIOR SO THAT UPON RELEASE FORMER INMATES WILL OBEY THE LAW. AS THE RESULT OF THE APPARENT FAILURE OF CURRENT METHODS OF REHABILITATIVE SERVICES IN PRISONS, MANY PERSONS HAVE ADVOCATED NEW AND CONTROVERSIAL METHODS WHICH UTILIZE DRUGS OR SURGERY AS PART OF THE PROCESS OF MODIFYING BEHAVIOR. THE AUTHOR ARGUES THAT THESE FORMS OF TREATMENT SHARE AN INTRUSIVENESS INTO THE PSYCHE OF THE PATIENT THAT CONVENTIONAL PSYCHOTHERAPY LACKS. THIS INTRUSIVENESS, PLUS THE QUESTION OF ENFORCED THERAPY AND THE MEANINGFULNESS OF INFORMED CONSENT IN THE PRISON CONTEXT RAISE THE QUESTION OF WHETHER THESE TECHNIQUES ARE PERMISSABLE AT ALL, OR WHETHER AN INMATE'S RIGHT TO PRIVACY, IF SUCH A RIGHT EXISTS, SHOULD PREVENT USE OF THESE INTRUSIVE THERAPIES IN PRISON. THE AUTHOR CONCLUDES THAT THESE NEW THERAPIES ARE LIKELY TO BE CHECKED AS THE NOTION OF A RIGHT TO PRIVACY BROADENS. IN ADDITION, HE ARGUES THAT THE INHERENTLY COERCIVE NATURE OF THE PRISON ENVIRONMENT SHOULD BE ACKNOWLEDGED AS A DIRECT THREAT TO THE VOLUNTARY AND INFORMED CONSENT TO SUCH TREATMENT BY INMATES. (AUTHOR ABSTRACT MODIFIED) ...DMC