NCJ Number
54206
Journal
Bulletin of the American Academy of Psychiatry and the Law Volume: 3 Issue: 1 Dated: (MARCH 1975) Pages: 10-16
Date Published
1975
Length
7 pages
Annotation
A MEMBER OF THE ADVISORY BOARD OF PATUXENT INSTITUTION, PROVIDING TREATMENT FOR 'DANGEROUS' OFFENDERS GIVEN INDETERMINATE SENTENCES ACCORDING TO A MEDICAL MODEL FOR CORRECTIONS, RESPONDS TO CRITICISM OF PATUXENT.
Abstract
THE AUTHOR, A MEMBER OF THE GOVERNING AND ADVISORY BOARDS OF THE PATUXENT INSTITUTION IN JESSUP, MD., FOR MANY YEARS, RESPONDS TO CRITICISM OF THE PROCEDURES GOVERNING THE PRISON'S OPERATION, AS PRESENTED IN 'THE EVALUATION OF PRISON TREATMENT AND PREVENTIVE DETECTION PROGRAMS: SOME PROBLEMS FACED BY THE PATUXTENT INSTITUTION' (1974--SEE NCJ-49939). PATUXENT RECEIVES OFFENDERS DETERMINED BY PSYCHIATRIC EXAMINATION AND RECENT CRIMINAL BEHAVIOR TO BE 'DANGEROUS' AND COMMITTED BY JUDICIAL DECISION TO AN INDETERMINATE SENTENCE WITH PROVISION FOR DUE PROCESS. RELEASE OCCURS THROUGH A HEARING THAT DETERMINES WHETHER THE OFFENDER IS 'REASONABLY SAFE' FOR RETURN TO THE COMMUNITY. IN RESPONSE TO THE CRITICISM THAT 'DANGEROUSNESS' CANNOT BE SCIENTIFICALLY ASSESSED OR PREDICTED, IT IS ARGUED THAT A RECENT PATTERN OF VIOLENCE AND INJURIOUS BEHAVIOR IS A REASONABLE MEASURE OF THE LIKELIHOOD OF A CONTINUATION OF SUCH BEHAVIOR SHOULD NO TREATMENT INTERVENTION OCCUR. ON THE OTHER HAND, PREDICTIONS OF DANGEROUSNESS FOLLOWING TREATMENT OR A PERIOD OF INCARCERATION WHERE THE PREVIOUS THREATENING BEHAVIOR HAS CEASED ARE ACKNOWLEDGED TO BE DIFFICULT. THIS IS WHY A BROADER CRITERION OF 'REASONABLY SAFE' IS EMPLOYED FOR RELEASE FROM PATUXENT. CRITICISM OF THE INDETERMINATE SENTENCE AS ALLOWING FOR A PERIOD OF INCARCERATION THAT MAY EXTEND BEYOND A DETERMINATE SENTENCE DESIGNED TO FIT THE CRIME IS MET BY NOTING THAT THE AVERAGE LENGTH OF STAY IN PATUXENT IS 4 YEARS, WITH RESIDENTS BEING MOST OFTEN RELEASED SOONER THAN THEY WOULD HAVE BEEN UNDER A DETERMINATE SENTENCE FOR THE SAME CRIME. THE CRITICISM THAT AN EXPERIMENTAL STRUCTURE FOR DATA GATHERING TO EXAMINE OUTCOMES OF THE PATUXENT PROGRAM IS LACKING IS ACKNOWLEDGED TO BE VALID, ALTHOUGH IT IS MAINTAINED THAT SUCH SCIENTIFIC DEMANDS ARE NEITHER POSSIBLE UNDER THE CIRCUMSTANCES NOR IN THE PUBLIC INTEREST. IT IS GENERALLY CONCLUDED THAT, IN SPITE OF ACKNOWLEDGED LIMITATIONS, PATUXENT RELEASEES HAVE A GREATER CHANCE OF AVOIDING RECIDIVISM THAN IF THEY HAD SERVED DETERMINATE SENTENCES IN A REGULAR CORRECTIONAL INSTITUTION.