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BEHAVIOR MODIFICATION FOR PATIENTS AND PRISONERS CONSTITUTIONAL RAMIFICATIONS OF ENFORCED THERAPY

NCJ Number
50352
Journal
Journal of Psychiatry and Law Volume: 2 Issue: 3 Dated: (FALL 1974) Pages: 245-302
Author(s)
L B KASSIRER
Date Published
1974
Length
58 pages
Annotation
THE ROLE OF THE BEHAVIOR THERAPIST IN THE TREATMENT OF PATIENTS AND PRISONERS IS ADDRESSED, AND LEGAL AND CONSTITUTIONAL ISSUES INVOLVED IN THE UTILIZATION OF BEHAVIOR MODIFICATION TECHNIQUES ARE EXPLORED.
Abstract
BEHAVIOR THERAPY, IN THE MOST GENERAL SENSE, FOCUSES ON MODIFYING INTERACTIONS BETWEEN PEOPLE AND THE ENVIRONMENT. IT EMPHASIZES THE SYSTEMATIC APPLICATION OF EXPERIMENTALLY DERIVED BEHAVIOR ANALYSIS PRINCIPLES TO EFFECT OBSERVABLE AND MEASURABLE CHANGES IN THE INTERACTION PROCESS. TWO WAYS IN WHICH BEHAVIOR MAY BE RELATED TO ENVIRONMENTAL INPUT ARE NOTED: (1) SOME RESPONSES ARE CONTROLLED BY PRECEDING STIMULATION; AND (2) SOME RESPONSES ARE CONTROLLED BY SUBSEQUENT STIMULATION. IT IS THE BEHAVIOR THERAPIST'S GOAL TO FOCUS ON ENVIRONMENTAL INFLUENCES THAT CONTROL BEHAVIOR. IT IS ASSUMED THAT MALADAPTIVE BEHAVIOR IS ESSENTIALLY LEARNED. THE APPLICATION OF COERCIVE BEHAVIOR THERAPY TO MENTAL PATIENTS AND PRISONERS RAISES SEVERAL ISSUES, SOME OF WHICH CONCERN THE CONSTITUTIONAL EIGHTH AMENDMENT'S BAN ON CRUEL AND UNUSUAL PUNISHMENT AS IT RELATES TO MEDICAL TREATMENT, THE DEPRIVATION OF PERSONAL NEEDS AND SANITATION, AND DEPRIVATION IN MENTAL HOSPITALS; DUE PROCESS; EQUAL PROTECTION; THE RIGHT OF PRIVACY; CONSTITUTIONAL RIGHTS SPECIFIED IN THE FIRST AND FOURTH AMENDMENTS; AND THE PROBLEM OF INFORMED CONSENT. WHILE CERTAIN FORMS OF BEHAVIOR CONTROL MAY BE INTRINSICALLY OBJECTIONABLE IN THE LEGAL SENSE, DANGERS POSED BY OTHER FORMS MAY NOT LIE IN THEIR NATURE BUT RATHER IN THEIR IMPLEMENTATION. ATTEMPTS MUST BE MADE TO CURB ABUSES IN BEHAVIOR THERAPY. LITIGATION CASES RELATED TO COERCIVE BEHAVIOR THERAPY ARE CITED, AND NOTES ARE INCLUDED. (DEP)

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