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Rehabilitation Theory———831

Rehabilitation Theory———831

R-Bosworth.qxd 11/16/2004 2:45 PM Page 831

Rehabilitation Theory———831

Further Reading Jacksonian era of the late 19th century. Reformers Architectural Barriers Act of August 12, 1968 as Amended hoped that felons would be “kept in solitude, through 1978. 36 CFR Part 1192. reflecting penitently on their sins in order that they Civil Rights Restoration Act of 1978. Public Law 100-259; might cleanse and transform themselves” (Irwin, 102 Stat. 28. 1980, p. 2). Initially, under the Pennsylvania Kraus, L. E., & Stoddard, S. (1989). Chartbook on disability in system, it was believed that , the United States. Washington, DC: U.S. National accompanied by silent contemplation and Bible Institute on Disability and Rehabilitation Research. Rehabilitation Act of 1973 as Amended through 1978, study, was a means to redemption. This approach Sections 502, 506, and 507. was later transformed in the Auburn system into one The Rehabilitation Act of 1973 Briefing Guide, Section 504 of discipline and labor, also performed in silence. Regulation Briefing Guide. (1979). Washington, DC: Through hard work and a strict disciplinary regime, Department of HEW, Office for Civil Rights. were meant to meditate over why they Tucker, B. P. (1988). Deaf inmates: Time to be heard. chose a criminal path in order to amend their ways. Loyola of Los Angeles Law Review, 22(1), 1–71. Veneziano, L., Veneziano, C., & Tribolet, C. (1987). The spe- Disciplinary infractions were met with corporal cial needs of inmates with handicaps: An assess- . At this time, prisoners were responsi- ment. Journal of Offender Counseling, Services and ble for their own rehabilitation, since the causes of Rehabilitation, 12(1), 61–73. were thought to result from individuals’ inability to lead orderly and God-fearing lives. Legal Case In the latter part of the 19th century, the peniten- tiary gave way to the reformatory, which attempted Grove City College v. Bell 465 U.S. 555 (1984) to rehabilitate offenders through educational and vocational training, in conjunction with quasi- REHABILITATION THEORY military regimes. Reformatories introduced a sys- tem of classification of prisoners that allowed for Rehabilitation has long been a contentious topic their individualized treatment. Prisoners progressed in the fields of both and . through graded stages contingent on their conduct The term “rehabilitation” itself simply means the and performance in programs. They could even process of helping a person to readapt to society or work toward early release. Reformatories, although to restore someone to a former position or rank. developed around the concept of rehabilitation, However, this concept has taken on many different continued to advocate physical for meanings over the years and waxed and waned in nonconformity and later regressed to more punitive popularity as a principle of sentencing or justifica- regimens consistent with the reemergence of retri- tion for punishment. The means used to achieve bution at that time. reform in prisons have also varied over time, begin- ning with silence, isolation, labor, and punishment, MEDICAL MODEL then moving onto medically based interventions including drugs and psychosurgery. More recently, The medical model of intervention as a form of educational, vocational, and psychologically based rehabilitation emerged at the turn of the century in programs, as well as specialized services for spe- response to the perceived ineffectiveness of early cific problems, have typically been put forward as means of reform that used labor and physical means to reform prisoners during their . punishments to change people’s behavior. New “scientific” disciplines like psychiatry, psychol- ogy, and criminology proposed that the causes of HISTORY crime and could be linked to biological, Ideas of rehabilitation through punishment were physiological, or psychological defects of the indi- first embodied in the penitentiaries, built during the vidual. Criminals were viewed as products of R-Bosworth.qxd 11/16/2004 2:45 PM Page 832

832———Rehabilitation Theory

socioeconomic or psychological forces beyond Even though Martinson himself later retracted his their control. In turn, crime was seen to be a “sick- earlier conclusions regarding rehabilitation pro- ness,” and the object of then was to grams, and his original essay was found to have seri- “cure” the offender. The emergent Federal Bureau ous methodological flaws, the academic community of Prisons in the 1930s endorsed the medical and both the political left and right embraced his model in its approach to rehabilitation, thus legit- message at that time. His message was attractive to imizing its use in corrections. It was during that liberals since it could be used to argue against the use time that the classification of prisoners became of and to abolish indeterminate sen- more refined, and the medical model provided tencing. For conservatives, rehabilitation programs what was then considered a “state of the art” clin- were thought to “coddle” criminals, since they ical orientation to the diagnosis and treatment of allowed for early release. For them, Martinson’s offenders (Welch, 1996, p. 75). argument permitted the introduction of harsher The medical model led to the introduction of regimes of punishment. Finally, an emerging social therapeutic personnel, such as psychiatrists, psy- science also played a large role in vilifying rehabili- chologists, and clinical social workers, into prison tation, since researchers found that prisoners who settings. While this model initially appeared to “participated in a wide range of rehabilitation pro- be more humane than previous penal practices, this grams were rearrested at the same rate as those who was not always the case. Instead, extraordinarily did not” (Irwin & Austin, 1997, p. 64). invasive and even illegal procedures took place in many correctional institutions, including psy- chosurgery, electroconvulsive therapy, and surgical POST-MARTINSON ERA and chemical castration, all in the name of rehabil- itation. Other forms of treatment included various Penal policy in the United States, following “talk” therapies such as psychotherapy and psycho- Martinson, no longer sought to rehabilitate prison- analysis. Given that the nature of many of these ers. Thus, the U.S. Supreme Court, in Misretta v. interventions was open-ended, prisoners could be U.S. in 1989, upheld federal imprisoned indefinitely if it was determined that that removed the goal of rehabilitation from serious they had not been “rehabilitated.” consideration when sentencing offenders. Future The medical model ultimately fell out of favor due sentencing practices would only have to consider to the convergence of a series of events. The inhu- the crime, with little concern for factors such as mane nature of many of these practices, accompa- amenability to treatment or social and familial nied by an increasing concern with prisoners’ rights history. However, in spite of this political climate, and a dearth of on the effectiveness of inter- some people continue to believe in the importance ventions, led many experts to critique the rehabilita- and possibility of rehabilitation in incarceration tive ideal. At the same time, in response to an policy and practice. For example, the language of increase in crime across the country, opponents the mission statement of the Federal Bureau of argued that the medical model was too soft and inef- Prisons reflects a strong emphasis on societal pro- fective. For many, the death knell of the rehabilitative tection and safe and humane confinement, while ideal finally came about from the publication of an still promoting “work and other self-improvement article by Robert Martinson in 1974. In what turned opportunities to assist offenders in becoming law- out to be a politically important essay that had a swift abiding citizens” (Federal Bureau of Prisons, 2002). and discernible effect on policy, Martinson con- Although not couched in medical or rehabilitative cluded that “with few and isolated exceptions, the terminology, the federal prison system continues to rehabilitative efforts that have been reported so far offer a variety of programs directed toward this end, have had no appreciable effect on recidivism” (1974, including work, occupational and vocational train- p. 25). As the title of his article suggested, he ing, parenting classes, recreation and wellness appeared to be arguing that “nothing works.” activities, and substance abuse treatment. R-Bosworth.qxd 11/16/2004 2:45 PM Page 833

Rehabilitation Theory———833

Current efforts in some states also indicate that the participate in rehabilitation programs, and they are tide may be turning once again toward rehabilitation unlikely to do so without the benefit of incentives that as renewed efforts are being seen through revamped the prison administration offers them in exchange for educational and vocational training. This type of pro- participation. These include such considerations as gramming differs greatly from that seen in earlier early , better living conditions, and increased periods and is now much more closely linked to train- inmate pay. While prisoners have the right to refuse to ing for specific types of , as evidenced by participate in intervention programs, the idea of early existing programs in Oregon, Pennsylvania, , release is so appealing that many cooperate simply as and Washington State. For example, the Oregon State a means to an end. For the prison administration, the Correctional Institution in Salem teaches advanced implicit coercion involved in this process is out- computer training, through which prisoners build cus- weighed by the fact that the attains a benefit tomized computers for state agencies. A central in exchange for cooperation. However, this thinking notion behind this form of rehabilitation is that pris- ignores the fact that rehabilitation cannot take place oners will be equipped with skills upon release that by force, and in the long run, “sham” cooperation will will allow them to earn competitive salaries and avoid not result in any lasting change. criminal activity in the future. Officials declare that these efforts have had a positive impact on recidivism, as the percentage of admissions who were returning CRITICAL PERSPECTIVE parolees in 2000 was 25%, down from 47% in 1995. Abolitionist literature notes that prisons at best do Nonetheless, the critiques of such programs echo ear- nothing to reform offenders and at worst play a lier ones, with some expressing concern that such central role in reproducing crime. From a radical efforts are wasting money and that such training may point of view, rehabilitation is seen as an attempt by infringe on the labor market. those in power to impose a repressive system of Recent research has also indicated that some social control over vulnerable individuals. Such a rehabilitative efforts do in fact have some effect on critical perspective rejects the positivistic view of recidivism. A series of meta-analyses of the out- crime that focuses on individuals while ignoring comes of correctional rehabilitation programs on greater social conditions of disadvantage. What is recidivism has revealed that those that achieve the challenged is the notion that the offending behavior greatest reductions use “cognitive behavioral treat- stems from a defect in the personality of the pris- ments, target known predictors of crime for change, oner, who is considered amenable to change or and intervene mainly with high-risk offenders” rehabilitation within the prison environment. (Cullen & Gendreau, 2000, p. 110). However, it Correctional institutions strip inmates of all of their must be noted that using recidivism as a means of familiar social and cultural supports around which assessing the effectiveness of rehabilitative pro- their personal identity had previously been centered. grams may be somewhat misleading. Rates of Any program of rehabilitation within prison must first reoffending tell very little about the efficacy of reha- overcome these devastating processes. Some, like bilitation programs, per se, as they could well ignore David Rothman (1973), reject the possibility of reha- improvements that may have occurred in other bilitation outright, due in part to the relative power- areas, because much crime remains undetected, and lessness of the prisoner to give or withhold consent to because reoffending behavior may have little to do such efforts and because of the incongruous nature of with areas targeted by initial programming efforts. the environment within which it is offered.

INCENTIVES WOMEN AND MINORITIES Prisoners are, in essence, involuntary clients of Historically, the special needs of women and minor- intervention efforts. They have not freely chosen to ity groups in prisons have been largely ignored. For R-Bosworth.qxd 11/16/2004 2:45 PM Page 834

834———Religion in Prison

women, rehabilitative programming, in the form of considerations of individual needs, sensitivity to educational and vocational opportunities, has rarely race, gender, and culture, and an awareness of the taken into account gender differences and in most many limitations the prison environment imposes in cases paralleled that of men’s programming. While offering opportunities for change. women are offered similar educational opportunities —Kathryn M. Campbell as men, many of the vocational programs for women prisoners offer training in areas such as cosmetology See also Auburn System; Theory; Incapaci- and hairdressing, reflecting gender-role stereotypes. tation Theory; Just-Deserts Theory; Medical Model; Pennsylvania System; Prerelease Programs; Prisoner Given the relatively small numbers of women’s Reentry; Psychological Services; Recidivism; prisons, women are frequently sent far from their Women’s Prisons homes and families, which can increase the strain of imprisonment. While each state is different in terms Further Reading of population and services, the smaller numbers of Butterfield, F. (2001). Inmate rehabilitation returns as prison women prisoners result in fewer overall rehabilita- goal. New York Times Online, May 20. Retrieved from tive services being offered to them. http://www.nytimes.com Generally, no specific rehabilitation programs Cullen, F. T., & Gendreau, P. (2000). Assessing correctional are geared toward Hispanic (or Latino/a), African rehabilitation: Policy, practice and prospects. Policies, American, and American Indian prisoners. However, Processes and Decisions of the Criminal System. , 3, 109–175. formal and informal support groups based on eth- Federal Bureau of Prisons. (2004). Federal Bureau of Prisons: nicity often develop, are largely composed of vol- Mission and vision. Retrieved September 14, 2004, from unteers, and serve to provide a strong means of http://www.bop.gov support for prisoners who may feel culturally and Gendreau, P., & Ross, R. (1987). Revivification of rehabilita- spiritually isolated. tion: Evidence from the 1980s. Justice Quarterly, 4(3), In Canada, the federal correctional service has 349–407. Irwin, J. (1980). Prisons in turmoil. Boston: Little, Brown. attempted to meet the needs of Native Canadian Irwin, J., & Austin, J. (1997). It’s about time: America’s Indians or Aboriginal offenders, who are largely imprisonment binge (2nd ed.). Belmont, CA: Wadsworth. overrepresented in their federal institutions. As part Martinson, R. (1974). What works? Questions and answers of correctional programming, Aboriginal offenders about . Public Interest, 35, 22–54. are offered a variety of spiritual and healing initia- Martinson, R. (1979). New findings, new views: A note of cau- tives while incarcerated. For example, this includes tion regarding sentencing reform. Hofstra Law Review, 243–258. access to spiritual Elders who offer ritual cere- McGuire, J., & Priestly, P. (1992). Some things do work: monies such as smudging and sweat lodges inside Psychological interventions with offenders and the effec- the institution. Nonetheless, critics of these efforts tiveness debate. In F. Losel, D. Bender, & T. Bleisner indicate that the prison administration offers them (Eds.), Psychology and law: International perspectives. only sporadically, makes little separation between Berlin: Walther de Gruyter. distinct tribal customs, and does not accord them Rothman, D. (1973). Decarcerating prisoners and patients. Civil Liberties Review, 1, 8–30. the same respect as other religious practices. Welch, M. (1996). Corrections: A critical approach. New York: McGraw-Hill. CONCLUSION Legal Case The concept and practice of rehabilitation continues Misretta v. U.S. No. 87-7028. (1989). 488 US 361. to evolve and change in correctional institutions. While the state and the public have a vested interest in prisoners leaving prison as no more of a social RELIGION IN PRISON burden than when they went in, if rehabilitative efforts are to have any real impact, they must take Religious people and institutions have greatly into account the lessons of the past. These include influenced the treatment of offenders in correctional

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