Rehabilitation (penology)
Encyclopedia
Rehabilitation means; To restore to useful life, as through therapy and education or To restore to good condition, operation, or capacity.
The assumption of rehabilitation is that people are not permanently criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute to themselves and to society. A goal of rehabilitation is to prevent habitual offending
, also known as criminal recidivism
. Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of education
or therapy
, to bring a criminal into a more normal state of mind, or into an attitude which would be helpful to society, rather than be harmful to society.
This theory of punishment
is based on the notion that punishment is to be inflicted on an offender so as to reform him/her, or rehabilitate them so as to make their re-integration into society easier. Punishments that are in accordance with this theory are community service, probation orders, and any form of punishment which entails any form of guidance and aftercare towards the offender.
This theory is founded on the belief that one cannot inflict a severe punishment of imprisonment
and expect the offender to be reformed and to be able to re-integrate into society upon his/her release. Indeed, the United States Code
states that sentencing judges shall make imprisonment decisions "recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation". Although the importance of inflicting punishment on those persons who breach the law, so as to maintain social order
, is retained, the importance of rehabilitation is also given priority. Humanitarians have, over the years, supported rehabilitation as an alternative, even for capital punishment
.
First, there is no sound scientific research to determine how different individuals react to the same rehabilitating methods.
Second, rehabilitation may depend more decisively on the individual psychological background, hence on his particular motives to commit crimes, than on the rehabilitating methods or philosophy.
Third, a rehabilitation program may prove to be too costly and complex to be successfully implemented in most countries.
Finally, rehabilitation must refer to the sociological findings on the socialization
and resocialization
processes, as change in life-long socially acquired patterns of behavior and values entails a much more complex – and sometime traumatic – change on the individual's structure of character.
is highly correlated with psychopathy
. The psychopath is defined by an uninhibited gratification
in criminal, sexual, or aggressive impulses
and the inability to learn from past mistakes. Individuals with this disorder gain satisfaction through their antisocial behavior and lack remorse for their actions.
Findings indicate psychopathic prisoners have a 2.5 time higher probability of being released from jail than undiagnosed ones, even though they are more likely to recidivate
.
It has been shown that punishment and behavior modification techniques do not improve the behavior of a psychopath. Psychopathic individuals have been regularly observed to become more cunning and better able to hide their behaviour. It has been suggested by them traditional therapeutic
approaches actually make psychopaths if not worse, then far more adept at manipulating others and concealing their behavior. They are generally considered to be not only incurable but also untreatable.
Psychopaths also have a markedly distorted sense of the potential consequences of their actions, not only for others, but also for themselves. They do not, for example, deeply recognize the risk of being caught, disbelieved or injured as a result of their behaviour.
The assumption of rehabilitation is that people are not permanently criminal and that it is possible to restore a criminal to a useful life, to a life in which they contribute to themselves and to society. A goal of rehabilitation is to prevent habitual offending
Habitual offender
A habitual offender is a person who has repeatedly committed the same crime. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions...
, also known as criminal recidivism
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
. Rather than punishing the harm out of a criminal, rehabilitation would seek, by means of education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...
or therapy
Therapy
This is a list of types of therapy .* Adventure therapy* Animal-assisted therapy* Aquatic therapy* Aromatherapy* Art and dementia* Art therapy* Authentic Movement* Behavioral therapy* Bibliotherapy* Buteyko Method* Chemotherapy...
, to bring a criminal into a more normal state of mind, or into an attitude which would be helpful to society, rather than be harmful to society.
This theory of punishment
Punishment
Punishment is the authoritative imposition of something negative or unpleasant on a person or animal in response to behavior deemed wrong by an individual or group....
is based on the notion that punishment is to be inflicted on an offender so as to reform him/her, or rehabilitate them so as to make their re-integration into society easier. Punishments that are in accordance with this theory are community service, probation orders, and any form of punishment which entails any form of guidance and aftercare towards the offender.
This theory is founded on the belief that one cannot inflict a severe punishment of imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
and expect the offender to be reformed and to be able to re-integrate into society upon his/her release. Indeed, the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
states that sentencing judges shall make imprisonment decisions "recognizing that imprisonment is not an appropriate means of promoting correction and rehabilitation". Although the importance of inflicting punishment on those persons who breach the law, so as to maintain social order
Social order
Social order is a concept used in sociology, history and other social sciences. It refers to a set of linked social structures, social institutions and social practices which conserve, maintain and enforce "normal" ways of relating and behaving....
, is retained, the importance of rehabilitation is also given priority. Humanitarians have, over the years, supported rehabilitation as an alternative, even for capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
Practical difficulties
Rehabilitation theories present however the following deficiencies:First, there is no sound scientific research to determine how different individuals react to the same rehabilitating methods.
Second, rehabilitation may depend more decisively on the individual psychological background, hence on his particular motives to commit crimes, than on the rehabilitating methods or philosophy.
Third, a rehabilitation program may prove to be too costly and complex to be successfully implemented in most countries.
Finally, rehabilitation must refer to the sociological findings on the socialization
Socialization
Socialization is a term used by sociologists, social psychologists, anthropologists, political scientists and educationalists to refer to the process of inheriting and disseminating norms, customs and ideologies...
and resocialization
Resocialization
Resocialization is defined as radically changing an inmate’s personality by carefully controlling the environmentKey examples include the process of resocializing new recruits into the military so that they can operate as soldiers and the reverse process, in which those who have become accustomed...
processes, as change in life-long socially acquired patterns of behavior and values entails a much more complex – and sometime traumatic – change on the individual's structure of character.
Psychopathy and recidivism
Criminal recidivismRecidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
is highly correlated with psychopathy
Psychopathy
Psychopathy is a mental disorder characterized primarily by a lack of empathy and remorse, shallow emotions, egocentricity, and deceptiveness. Psychopaths are highly prone to antisocial behavior and abusive treatment of others, and are very disproportionately responsible for violent crime...
. The psychopath is defined by an uninhibited gratification
Gratification
Gratification is the pleasurable emotional reaction of happiness in response to a fulfillment of a desire or goal.Gratification, like all emotions, is a motivator of behavior and thus plays a role in the entire range of human social systems....
in criminal, sexual, or aggressive impulses
Instinct
Instinct or innate behavior is the inherent inclination of a living organism toward a particular behavior.The simplest example of an instinctive behavior is a fixed action pattern, in which a very short to medium length sequence of actions, without variation, are carried out in response to a...
and the inability to learn from past mistakes. Individuals with this disorder gain satisfaction through their antisocial behavior and lack remorse for their actions.
Findings indicate psychopathic prisoners have a 2.5 time higher probability of being released from jail than undiagnosed ones, even though they are more likely to recidivate
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
.
It has been shown that punishment and behavior modification techniques do not improve the behavior of a psychopath. Psychopathic individuals have been regularly observed to become more cunning and better able to hide their behaviour. It has been suggested by them traditional therapeutic
Therapy
This is a list of types of therapy .* Adventure therapy* Animal-assisted therapy* Aquatic therapy* Aromatherapy* Art and dementia* Art therapy* Authentic Movement* Behavioral therapy* Bibliotherapy* Buteyko Method* Chemotherapy...
approaches actually make psychopaths if not worse, then far more adept at manipulating others and concealing their behavior. They are generally considered to be not only incurable but also untreatable.
Psychopaths also have a markedly distorted sense of the potential consequences of their actions, not only for others, but also for themselves. They do not, for example, deeply recognize the risk of being caught, disbelieved or injured as a result of their behaviour.
See also
- Antisocial personality disorderAntisocial personality disorderAntisocial personality disorder is described by the American Psychiatric Association's Diagnostic and Statistical Manual, fourth edition , as an Axis II personality disorder characterized by "...a pervasive pattern of disregard for, and violation of, the rights of others that begins in childhood...
- Exodus MinistriesExodus MinistriesExodus Ministries is a Dallas, Texas-based non-denominational Christian former prisoner rehabilitation organization, which attempts to help those who are released from prison back into society at large...
- Koestler TrustKoestler TrustThe Koestler Trust or award scheme,is a charity which helps prison inmates and detained psychiatric patients in the UK to express themselves creatively. The trust promotes the arts in special institutions, encouraging creativity and the acquisition of new skills as a means to rehabilitation...
- PsychopathyPsychopathyPsychopathy is a mental disorder characterized primarily by a lack of empathy and remorse, shallow emotions, egocentricity, and deceptiveness. Psychopaths are highly prone to antisocial behavior and abusive treatment of others, and are very disproportionately responsible for violent crime...
- RecidivismRecidivismRecidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
- Rehabilitation PolicyRehabilitation PolicyRehabilitation policies are those that intend to reform criminal offenders rather than punish them or segregate them from the greater community.-History:...