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RIGHT TO BE DIFFERENT - DEVIANCE AND ENFORCED THERAPY

NCJ Number
13179
Author(s)
N N KITTRIE
Date Published
1971
Length
465 pages
Annotation
AN APPEAL AND SUGGESTIONS FOR INTERVENTION RESTRICTIONS AND PROCEDURAL SAFEGUARDS IN EMPLOYING TREATMENT AS AN ALTERNATIVE TO PUNISHMENT OR RETRIBUTION IN THE CRIMINAL JUSTICE SYSTEM.
Abstract
AN EXPANSION OF AN ENFORCED THERAPEUTIC SYSTEM WITH THE CONSEQUENT DIMINISHMENT OF THE FORMS OF CRIMINAL JUSTICE PROCESSING IS PREDICTED AS THE DOMINANT MEANS OF SOCIAL CONTROL FOR THE FUTURE. THE AUTHOR IS CONCERNED THAT SAFEGUARDS FOR THE PROTECTION OF CULTURAL PLURALISM AND INDIVIDUAL DIVERSITY BE INSTITUTED TO REGULATE THE USES OF ENFORCED THERAPY. IT IS RECOMMENDED THAT IF, AT ALL POSSIBLE, STATE SUPPORTED THERAPY PROGRAMS SHOULD BE VOLUNTARY, DIVORCED FROM THE CRIMINAL JUSTICE SYSTEM, AND CONDUCTED IN A COMMUNITY ENVIRONMENT. ENFORCED THERAPY IS RECOMMENDED ONLY IF IT CAN BE ESTABLISHED THAT THE BEHAVIOR TO BE TREATED IS A CLEAR DANGER TO BASIC SOCIAL ORDER. REQUIRING THAT A PERSON UNDERGO TREATMENT ON THE BASIS OF A PREDICTION OF FUTURE DANGEROUS BEHAVIOR IS CONSIDERED A VIOLATION OF CONSTITUTIONAL RIGHTS. A BILL OF RIGHTS FOR PROTECTING INDIVIDUAL FREEDOM IN THE CONTEXT OF THERAPEUTIC SOCIAL CONTROL IS OFFERED. THERE IS AN EXAMINATION OF THE TREATMENT OF THE MENTALLY ILL, DELINQUENT YOUTH, DRUG ADDICTS, AND ALCOHOLICS.