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NCJRS Abstract

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NCJ Number: 99607 Add to Shopping cart Find in a Library
Title: Behaviour Alteration and the Criminal Law
Author(s): J L Baudouin
Corporate Author: Law Reform Cmssn of Canada
Date Published: 1985
Page Count: 55
Sponsoring Agency: Law Reform Cmssn of Canada
Ottawa, Ontario K1A OL6, Canada
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: Law Reform Cmssn of Canada
130 Albert Street
Ottawa, Ontario K1A OL6,

National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Language: English; French
Country: Canada
Annotation: Following an examination of both psychological and physiological behavior modification techniques, this report examines moral and legal issues involved in such techniques and recommends appropriate reforms in current Canadian law.
Abstract: Psychological techniques considered include psychotherapies (individual, group, and milieu therapies) and behavioral therapies, such as positive and negative reinforcement and desensitization. Physiological techniques discussed include pharmacotherapy, electroconvulsive therapy, electrical stimulation of the brain, psychosurgery, and castration. Three major issues are addressed as they relate to the use of such techniques and applicable legal provisions: personal autonomy and consent; the inviolability of the person and the protection of psychological integrity; and the use of such techniques as a sanction or method of social control, particularly with offenders. The report supports the same legal protections for psychological integrity as are afforded physical integrity. Thus, access to such treatments must be free and voluntary. In addition to a right to give informed consent to treatment, there must be a right to refuse consent except in exceptional circumstances. Specific recommendations address the (1) rights of the involuntarily confined psychiatric patient, (2) treatment of prisoners, and (3) specific amendments in the Canadian Criminal Code. A total of 91 references are included.
Index Term(s): Behavior modification; Canada; Code of ethics; Criminal codes; Human rights violations; Prisoner's rights; Psychotherapy; Right to refuse treatment; Right to treatment; Waiver of rights
Note: Includes both English and French versions. Working Paper 43
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