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- Lisa Forsberg, Thomas Douglas
- 2020
- Why Conceptual Clarity is Needed. We need a taxonomy of criminal rehabilitation in order to protect against the conflation and confusion of different conceptions of rehabilitation.
- Divergent Conceptions of Criminal Rehabilitation in the Literature. Though rehabilitation has been an influential concept in debates on criminal justice, it is often not properly defined or elucidated.
- Five Conceptions of Criminal Rehabilitation. We will start by distinguishing five conceptions of rehabilitation on the basis of their aims. Consider first one rather ‘thin’, non-normative, conception of rehabilitation
- Means-Based Subvariants of the Conceptions. In the previous section, we distinguished five different conceptions of rehabilitation on the basis of their aims or ends.
Jun 16, 2020 · DOI: 10.1093/obo/9780195396607-0046. Introduction. Rehabilitation is a central goal of the correctional system. This goal rests on the assumption that individuals can be treated and desist from crime. Rehabilitation was a central feature of corrections in the first half of the 20th century.
Oct 3, 2020 · But the term ‘criminal rehabilitation’ is often used without being explicitly defined, and in ways that are consistent with widely divergent conceptions. In this paper, we present a taxonomy that distinguishes, and explains the relationships between, different conceptions of criminal rehabilitation.
- Overview
- Rehabilitation
- Theories in conflict
- Effectiveness of punishment
The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community. Established in legal practice in the 19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence, though it did not necessarily result in an offender receiving a more lenient penalty than he would have received under a retributive or deterrent philosophy. In many cases rehabilitation meant that an offender would be released on probation under some condition; in other cases it meant that he would serve a relatively longer period in custody to undergo treatment or training. One widely used instrument of rehabilitation in the United States was the indeterminate sentence, under which the length of detention was governed by the degree of reform the offender exhibited while incarcerated.
Although rehabilitation was widely criticized in the United States in the 1970s, it gained greater acceptance once research in the 1980s and ’90s demonstrated that a carefully implemented rehabilitation program could reduce recidivism. Critics nonetheless objected to rehabilitation and sentencing programs that gave significant discretion to the prison administrator, who could decide to release or further detain an offender depending on his assessment of the offender’s progress (which could itself be vaguely defined). At issue were cases in which this authority led to gross abuses, such as the lengthy detention of an offender guilty of only a minor crime, simply because of his inability or refusal to adopt a subservient attitude toward prison officials or other persons in positions of authority.
The most recently formulated theory of punishment is that of rehabilitation—the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community. Established in legal practice in the 19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence, though it did not necessarily result in an offender receiving a more lenient penalty than he would have received under a retributive or deterrent philosophy. In many cases rehabilitation meant that an offender would be released on probation under some condition; in other cases it meant that he would serve a relatively longer period in custody to undergo treatment or training. One widely used instrument of rehabilitation in the United States was the indeterminate sentence, under which the length of detention was governed by the degree of reform the offender exhibited while incarcerated.
Although rehabilitation was widely criticized in the United States in the 1970s, it gained greater acceptance once research in the 1980s and ’90s demonstrated that a carefully implemented rehabilitation program could reduce recidivism. Critics nonetheless objected to rehabilitation and sentencing programs that gave significant discretion to the prison administrator, who could decide to release or further detain an offender depending on his assessment of the offender’s progress (which could itself be vaguely defined). At issue were cases in which this authority led to gross abuses, such as the lengthy detention of an offender guilty of only a minor crime, simply because of his inability or refusal to adopt a subservient attitude toward prison officials or other persons in positions of authority.
In the practical operation of a sentencing or penal system, theories of punishment often come into conflict. A lenient sentence (such as probation) designed to rehabilitate an offender may fail to express society’s rejection of the behaviour or to provide an effective deterrent to others; a sentence that requires the offender to submit to a compuls...
There is considerable controversy over the effectiveness of punishment in reducing crime. For example, most researchers have failed to find any systematic relationship between crime rates and imprisonment rates: it is equally probable for regions with high imprisonment rates to have high or low crime rates, while increases or decreases in rates of ...
Jun 22, 2022 · Rehabilitation within pre-crime interventions: The hybrid criminology of social crime prevention and countering violent extremism - Charlotte Heath-Kelly, Sadi Shanaah, 2023. Open access. Research article. First published online June 22, 2022.
We go on to consider the relevance of rehabilitation in the offender’s journey through the criminal justice process: is rehabilitation best understood as a type of punishment; as an alternative to punishment; or something which most appropriately follows punishment?
Apr 3, 2019 · Summary. This chapter aims to review prominent theories of behavior change and to explore how these can assist the development of more effective interventions to address offending behavior. The Theoretical Domains Framework categorizes behavior change theories in relation to three key theoretical domains: motivation, action, and organizational.
