Dignity, virtue and punishment : the ethical justification of disciplinary segregation in prisoners

In this paper I reflect on Bersot and Arrigo’s argument that virtue ethics provides a sound ethical theory to guide judicial decisions concerning the legitimacy of subjecting mentality disordered offenders to long-term disciplinary solitary confinement. I expand on three issues evident in the Bersot and Arrigo paper: (1) the nature and justification of punishment; (2) the concept of dignity and its relevance to mentally disordered offenders placed in disciplinary solitary confinement, and (3) the nature and scope of virtue theory in the criminal justice context.

On a clear day you can see forever : integrating values and skills in sex offender treatment

The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders' moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders' moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.

Human rights and forensic psychology

Objectives. Human rights serve to orientate practitioners to the necessary conditions for a minimally worthwhile life for service users, the prerequisites for a life of dignity and a chance at happiness, and the opportunity to incorporate into their life plans cherished values and goals. In this introduction to the special section paper, I discuss the basic concept of human rights and outline their relevance for clinical practice with offenders.

Method. I explore the core values associated with human rights and suggest that one of their primary functions is to protect the internal and external conditions of individuals' agency and their pursuit of better lives.

Conclusion. I briefly outline the three articles comprising this special section of LCP on human rights that address issues of risk, therapeutic jurisprudence, and the rights of detained persons.

Dignity and human rights in correctional practice

Interventions with offenders have a normative layer as well as a scientific basis and therefore it is not possible to quarantine ethical questions from discussions of best practice. My aim in this paper is to provide an expanded ethical canvass from which to approach correctional practice with offenders. The cornerstone of this broader ethical perspective will be the concept of human dignity and its protection by human rights norms and theories. I also explore the relationship between responses to crime and offender rehabilitation based on an enriched theory of punishment that is sensitive to offenders’ moral equality and their attendant rights.

Punishment or therapy? The ethics of sexual offending treatment

The claim that sex offender treatment is a form of punishment and as such cannot be covered by traditional ethical codes is a controversial one. It challenges the ethical basis of current practice and compels clinicians to rethink the work they do with sex offenders. In this paper I comment on Bill Glaser's defence of that idea in a challenging and timely paper and David Prescott and Jill Leveson's rejection of his claims. First, I consider briefly the nature of both punishment and treatment and outline Glaser's argument and Prescott and Levenson's rejoinder. I then investigate what a comprehensive argument for either position should look like and finish with a few comments on each paper.

Is offender rehabilitation a form of punishment?

This paper examines the consequences of the overlap between punishment and rehabilitation practices, and inquires into the implications for individuals who assess and treat offenders. More specifically, I make three claims concerning the relationship between offender rehabilitation and punishment. First, rehabilitation as it is commonly understood in the offending arena contains some components that meet the criteria for punishment, in the ethical sense of that term. It is also true that there are aspects of rehabilitation that are focused directly on assisting offenders to live better lives (higher levels of well-being) and therefore which do not meet the criteria for punishment. Second, there are a number of significant practice implications that follow from the hybrid nature of offender rehabilitation. Third, Duff's communicative theory of punishment (Duff, 2001) offers clinicians a stronger justification for the punishment aspects of rehabilitation than its retributive and consequential rivals.

Human rights and correctional clinical practice

The formulation of human rights theory and policies represents an ethical advance and promises to supply a framework for resolving ethnic, social, and individual conflicts. Ethics is essentially a means for coordinating the conflicting interests of peoples and nations and human rights provide a strong foundation to do this in multiple domains. Our aim in this paper is to apply a human rights perspective, in association with a justifying theory and set of goods, to the correctional arena. First, we discuss the definition of human rights, their proper analysis and justification. We then apply the results of our discussion to the assessment, treatment, and monitoring of offenders. Finally, we consider the policy, research, and intervention implications of a human rights perspective for correctional practitioners.

The good lives model of offender rehabilitation : clinical implications

The major aim of the current paper is to expand on the practice elements of the Good Lives Model-Comprehensive (GLM-C) of offender rehabilitation and to provide a detailed examination of its assessment and treatment implications. First we discuss the notion of rehabilitation and the qualities a good theory of rehabilitation should possess. Second, the principles, etiological assumptions, and general treatment implications of the GLM-C are briefly described. Third, we outline in considerable detail the application of this novel perspective to the assessment and treatment of sexual offenders. Finally, we conclude the paper with a summary of the major benefits we envisage the GLM-C bringing to the rehabilitation of sexual offenders.

Desistance from sex offending : motivating change, enriching practice

In this article we draw from desistance research and a strength-based rehabilitation theory, the Good Lives Model (GLM), to present a richer way of intervening with sex offenders. First, we define the concept of desistance and outline some of the major research findings concerning the factors that help offenders to cease offending. Second we briefly describe current best practice sex offender treatment and discuss its efficacy. Third, we explore the relationship between desistance research and the GLM, arguing that the GLM provides a useful conduit for desistance ideas into sex offender treatment programs. Fourth, we briefly consider the treatment implications of an integrated desistance-GLM approach.

Narrative identity and offender rehabilitation

The rehabilitation of offenders is an evaluative and capability-building process and is concerned with promoting primary goods and managing risk. At the heart of this process is the construction of a more adaptive narrative identity and the acquisition of capabilities to enable offenders to secure important values in their postrelease environments. In this article, the authors examine the idea of narrative identity and its relationship to values and to assessment and treatment.

Surfaces and depths : evaluating the theoretical assumptions of cognitive skills programmes

Cognitive skills programmes for offenders such as Reasoning and Rehabilitation (R & R) have been around now for over 20 years and were developed in part to address their poor reasoning and decision-making skills. In this paper we critically examine the theoretical underpinnings of the R & R programme in light of current theoretical developments and research from cognitive neuroscience, philosophy, biology, and psychology. After considering recent theoretical and empirical research on rationality, emotions, distributed cognition, and embodiment we conclude with some thoughts about how to fine-tune cognitive skills programmes such as R & R in light of this research.

Human dignity and vulnerable agency : an ethical framework for forensic practice

In this paper, we present an integrated ethical framework that covers the different levels of ethical tasks inherent in forensic and correctional work. First, we briefly give an overview of the ethical framework and its component notion of human dignity. Second we analyze in depth the concept of dignity and its relationship to normative theories and ethical concepts that are particularly relevant for forensic practitioners. Third, we explore the capacity of the conceptions of human dignity and vulnerable agency to integrate principles typically contained in ethical codes and practice, such as beneficence, autonomy, and justice. Fourth, we discuss how conflict between ethical codes or duties of station adhered to by practitioners can be effectively addressed in light of the model of dignity and agency outlined earlier. Fifth, we explain how individuals' specific ethical judgments and actions should proceed in light of our framework model.

Ethical issues in forensic and correctional research

It is surprising that while the literature on ethical issues associated with social science research is burgeoning and becoming increasingly sophisticated very few papers have been written on the ethics of forensic or correctional research. The literature that exists is disappointingly narrow and superficial, and relies on professional ethical codes to a considerable degree. In this paper we present an ethical framework developed by Ward and Syversen to help with ethical decision making in research contexts. We then discuss some of the specific ethical challenges for researchers working in forensic and correctional domains, and consider how best to deal with ethical problems drawing from this framework. Our aim will be to provide researchers with some general ideas of how to proceed in certain situations rather than come up with a final set of answers to every conceivable problem.

Time for a change : applying the Good Lives Model of rehabilitation to a high-risk violent offender

In this article we operationalise the theoretical concepts of the Good Lives Model (GLM) of offender rehabilitation by providing a step-by-step framework for assessment, formulation, treatment planning, and monitoring with a high-risk violent offender residing in the community. The case study illustrates how the GLM can be applied to complement and enhance traditional Risk-Management interventions and shows how the GLM's clinical relevance extends from sex offending to broader offending typologies.

Striving for a good life : the good lives model applied to released child molesters

The good lives model (GLM) is a strengths-based approach to offender rehabilitation in which treatment aims to equip offenders with the skills and resources necessary to satisfy primary goods, or basic human values, in personally meaningful and socially acceptable ways. The aim of the present research was to explore the practical utility of the GLM with a sample of released child molesters, and investigate the relationship between primary goods attainment and overall re-entry conditions (in terms of accommodation, social support and employment). Semi-structured interviews were conducted with 16 child molesters at one, three and six months following their release from prison. As expected, participants endorsed the majority of GLM primary goods with high importance, and positive re-entry experiences were associated with increased goods attainment. Implications for clinicians, policy makers and society as a whole are discussed.