This thesis is concerned with the correctional treatment process for sex offenders, and the
problems that criminal justice system authority poses for treatment settings. A particular
focus is whether inmate participation in treatment programs is voluntary or coerced, given
the link between programs and prospects of release.
In examining this question, the author considers the results of an empirical project in
which a group of inmates were interviewed about their perceptions of the correctional
treatment process. Background to this project includes discussion of the doctrine of
informed consent and respect for autonomy as its underlying rationale; discussion of the
concepts of coercion and voluntariness; and examination of the development of
rehabilitative ideals. A conclusion drawn from the discussion is that the presence of
coercive authority may impact adversely upon correctional treatment efforts. Coercive
authority creates difficulties in relation to the voluntariness of inmates' consent, the
confidentiality of the treatment relationship, and the professional autonomy of the
clinician. These problems in turn raise questions as to whether correctional programs
retain the character of treatment, or are more properly considered as part of punishment,
or as tools of social control. However, coercive authority is a necessary presence if
correctional services are to work towards the goal of protection of society.
The central question to be addressed therefore is whether the prospects of release can be
used to motivate inmates for treatment in a way that is consistent with the requirement of
voluntary consent to treatment. The results of the empirical project suggest that for the
majority of inmates, the link between treatment and release is not coercive. However, a
number of inmates did indicate they felt coerced into treatment programs. Reforms may
thus be necessary to avoid coercive authority resulting in coerced treatment. In discussing
these results, the author considers a number of directions for reform, including the
introduction of an operational presumption of coerced referrals to treatment, which would
place greater emphasis on clinicians' obligations to secure voluntary consent. / Law, Peter A. Allard School of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/9026 |
| Date | 05 1900 |
| Creators | Rigg, Jeremy |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 8345990 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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