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THE FAMILY

PUNISHMENT, IMPRISONMENT, TREATMENT A Need for Revision George B. Palermo, M.D., M.Sc.Crim., Ph.D. Clinical Professor of Psychiatry University of Nevada School of Medicine and Medical College of Wisconsin Adjunct Professor of Criminology Marquette University. THE FAMILY.

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THE FAMILY

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  1. PUNISHMENT, IMPRISONMENT, TREATMENTA Need for RevisionGeorge B. Palermo, M.D., M.Sc.Crim., Ph.D.Clinical Professor of PsychiatryUniversity of Nevada School of Medicineand Medical College of Wisconsin Adjunct Professor of CriminologyMarquette University

  2. THE FAMILY The building block of society

  3. FAMILY ROLE Teaches traditions, social mores and religious beliefs Teaches good interpersonal relations Teaches responsible conduct

  4. The family and its members ↓ Society and its crimes ↓ Offenders and their treatment

  5. SOCIAL DYSFUNCTIONAND THE FAMILY • Unemployment • Perceived or real abuse psychological sexual • Drug and alcohol use/abuse

  6. FACTORS CONTRIBUTING TO FAMILY DISCORD Intra-family clashes Socio-economic factors Excessive use of social media Unpredictability of neighborhoods

  7. ACCEPTABLE SOCIAL BEHAVIORProtective Factors • Strong family ties • Positive peer groups • Strong religious beliefs

  8. PSYCHOLOGICAL FACTORS IN ANTISOCIAL BEHAVIOR Frustration Anger Emotional deprivation (real or perceived)

  9. ANTISOCIAL BEHAVIORBiological Factors Different areas of brain do not “talk” to one another Brain region dysfunction/damage Orbital region/temporal region Disregulation of synapses Prefrontal region Cingulate gyrus Hippocampus

  10. LEGAL CODES • Lex talionis • Hammurabi Code • Mosaic Law • Justinian Code • Napoleonic Code

  11. ANCIENT GREEK VIEWS ON CRIME AND PUNISHMENT • Hesiod (8th century BCE) • Complained of unfair judgments • Aeschylus (525-456 BCE) • Justice may be unfair • Herodotus (5th century BCE) • Culpability and deserts according to offender’s intentions

  12. ANCIENT GREEK VIEWS ON CRIME AND PUNISHMENT (2) • Socrates (469-399 BCE) • Crimes committed because ignorance or madness impairs judgment • Plato (429-347 BCE) • Education, restraint necessary to reform criminal • Aristotle (384-322 BCE) • Punishment should be congruous with moral culpability

  13. INCARCERATED NON-VIOLENT OFFENDERS2008 Over 60 percent of the prison and jail population About one fourth of all offenders behind bars (less than 10%) in 1980 Schmitt, J., Warner, K., Gupta, S. (2010).The High Budgetary Cost of Incarceration

  14. OFFENDERS UNDER SUPERVISION USA - 2009 Total - 7,225,800 probation or parole incarcerated in state or federal prisons and local jails • 3.1% of adult resident population • Glaze, L.E. (2010). BJS Statistics. Bullein. Correctional Populations in the United States, 2009.

  15. INMATES IN CUSTODY - 2009 • Total 2,292,133 • Federal prisoners 205,087 Prisons 196,318 Federal facilities 171,000 Privately operated facilities 25,318 Community corrections 8,769 • State prisoners 1,319,426 • Local prisoners 6,767,620 (jails) • Incarceration rate 743/100,000 Glaze, L.E. (2010). BJS Statistics. Bullein. Correctional Populations in the United States, 2009.

  16. COST OF INCARCERATION 2008 $75 billion Schmitt, J., Warner, K., Gupta, S. (2010).The High Budgetary Cost of Incarceration

  17. PRISON OVERCROWDINGContributory Factors • Lengthy sentences • Too stringent laws No consideration of psycho-socio-economic factors No consideration of uniqueness of individual • Three strikes and you’re out laws • Minimal effort to reform/reintegrate offenders

  18. PUNISHMENT Legal penalty for infraction of law Presence of legal justice system Codification of crimes

  19. VIEWS ON PUNISHMENT Cesare Beccaria (1738-1794) Immediate Least possible and proportionate to crime Determined by laws Immanuel Kant (1724-1804) Consequence of willing a punishable action Emile Durkheim (1858-1917) Expression of collective social conscience Restores moral order violated by criminal

  20. THEORIES OF PUNISHMENTThe Four Rs • Revenge/retaliation • Restitution • Retribution • Rehabilitation

  21. REVENGE/RETALIATION Punishment equal to offense suffered (An eye for an eye)

  22. RESTITUTION • Collective type of punishment • Based on facts not motivation • Avoids psychological/moral judgment • Less disruptive to community

  23. RETRIBUTION • Just deserts theory • Considers intentionality • Victim has right to “redress” • Punishment must fit crime and culpability

  24. REHABILITATION • Purpose to restore offender to law-abiding, moral way of life • Sums up utilitarian/humanitarian approaches • Leads to changes in • Values • Abilities • Empathy • Behavior

  25. RECIDIVISM - 1994 300,000 prisoners released in15 states 67.5% rearrested within three years for felony or serious misdemeanor Rape – 2.5% (within 3 yrs. from discharge) Homicide – 1.2% (within 3 yrs. from discharge) BJS Statistics. (2011). Recidivism. Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=17

  26. RECIDIVISM • High rates confirm coercive control methods not successful • Societies inept in caring for offenders • Legal systems overburdened • Influenced by prisonization

  27. RECIDIVISM RATES - 2007 1,180,469 parolees About 16% reincarcerated BJS Statistics. (2011). Recidivism. Retrieved from http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=17

  28. SCHOOL BULLYING • Frequent • Disruptive • Calls for: Student/teacher/family restorative conferences Shame Empathy Mediation

  29. SUGGESTIONS FOR REDUCING PRISON OVERCROWDING • Decriminalization of non-violent crimes • Institution of drug and mental health courts • Substitute insanity plea with guilty but mentally ill Psychological testing/treatment when indicated • Domestic violence offenders Probationary period Counseling before imprisonment

  30. SUGGESTIONS FOR REDUCING PRISON OVERCROWDING (2) • Reassess sexual predator laws • Discontinue use of three-strikes and you’re out • Judges should be given discretionary powers in sentencing • Hot spot policing More police presence in known crime zones

  31. THERAPIES • Cognitive Behavioral Therapy • Problem-solving groups • Anger-management groups • Shame groups • Employment training

  32. RESTORATIVE JUSTICE • Response to partial failure of control, strain, learning theories • Allows care for larger number of offenders within social milieu • Cathartic experience

  33. RESTORATIVE JUSTICE (2) • Crime seen as act of individual against individual or community • Crime secondarily against state • Form of communitarianism • Interaction between victim/offender important in healing both • Compassion basic to human interaction • Compassion important in dispensation of justice

  34. RESTORATIVE JUSTICE (3) • 1,000 programs worldwide/80 countries (est.) • Reduce incarceration • Attend to victim’s needs • Prevent reoffending • Enable offender to assume responsibility • Help offender reintegrate into society

  35. RESTORATIVE JUSTICE (4) • Emile Durkheim Belief in human solidarity • Brings to fore Chinese idea of humane approach to punishment within legality • Reminiscent of Confucian moral teachings of better internalization of ethics

  36. THERAPEUTIC JUSTICE • Focuses on needs and interests of all • Judge active participant in problem-solving • Attempts to identify factors at basis of offender’s problems • Outcome counts, not just process and precedents • Should not interfere with due process of law, welfare of community at large

  37. SUBSTANCE ABUSE OFFENDERS - 2006 • 2.3 million incarcerated offenders in USA • 1.9 million meet criteria for substance abuse • 485,000 history of chronic substance abuse • 78% - violent crimes • 83% - property crimes • 77% - weapon offenses • 77% - probation/parole violations CASA . National Center on Addiction and Substance Abuse. Columbia University.. (2010). Behind Bars II: Substance Abuse and America’s Prison Population . Retrieved from http://www.casacolumbia.org/articlefiles/575-report2010behindbars2.pdf

  38. SUBSTANCE ABUSE OFFENDERS (2) • Many misdemeanants do not need incarceration but treatment. • Incarceration may teach offenders to become more skillful criminals. • Well-handled in drug courts

  39. DRUG COURTS • First program begun in Dade County, Florida, in 1989 • December 2009 - 2,459 drug courts • 120,000 Americans helped annually Drug Courts. A Smart Approach to Criminal Justice (2010). Retrieved from http://www.whitehousedrugpolicy.gov/publications/html/drugcourts_fs.html

  40. DRUG COURTS (2) • Reduce criminal recidivism • Combine treatment services with judicial intervention • Judge holds offender personally accountable for treatment progress • Need judicial commitment and leadership Wiseman, C. (2005). Drug courts: Framing policy to ensure success. International Journal of Offender Therapy and Comparative Criminology, 49, 235-238.

  41. DRUG COURTS(3) Require collaboration among: Criminal justice agencies Courts Treatment facilities Community

  42. DRUG COURT SERVICES • Education • Housing • Job training • Mental health treatment referrals

  43. MENTAL HEALTH COURTS • Increase quality of life • Decrease recidivism • Diminish prison overcrowding • Promote offender’s engagement in treatment

  44. MENTAL HEALTH COURTS(2) • Offenses were caused by mental disorder DSM-IV, Axis I disorder Substance abuse at times Domestic violence when not severe • Low-level offenses • Misdemeanors

  45. MENTAL HEALTH COURTS(4) • Must not be danger to self or others • Able to appreciate consequences of legal proceedings • Amenable to treatment • Must be eligible for probation (Nevada)

  46. MENTAL HEALTH COURTS Therapeutic interventions Pharmacotherapy Individual and group counseling Substance abuse counseling Vocational services Housing Social rehabilitation

  47. SEX OFFENDERS • Physical assault of victims • Collections of pornographic/pedophilic images • Child molestation • Internet trolling for victims • Trafficking (prostitution)

  48. SEX OFFENDER PREDATOR LAWS • Constitutional • Violation of due process? • Response to societal fears?

  49. SEX OFFENDERS • Risk assessment prior to end of sentence • Civil commitment on risk assessment results

  50. Prevention of crime and treatment of offenders is cost effective. Rehabilitation is the just and moral thing to do.

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