13. Dealing with Crimes 3: Treatment of offenders Flashcards
What is Rehabilitation?
Rehabilitation is a model that emphasises the provision of treatment
programs designed to reform the offender
What does rehabilitation belong to?
Rehabilitation belongs to the modern penal system, C19th
What was the classical penal system informed by?
Previously, the classical penal system was informed by ‘enlightenment’
(focused on the dignity and worth of the individual)
according to the classic model, what does free will enable?
Free will enables human beings to purposely and deliberately choose to
follow a calculated course of action
According to the classic model of rehab, what is crime?
Crime is attractive and is controlled through the fear of punishment
According to the classic model of rehab, what is punishment?
Punishment is to be applied equally to all offenders and works best when perceived to be: Severe, Certain, Swift
What was the classic model of rehab?
utilitarian
“greatest happiness for the greatest number”
According to the classic model of rehab, what are criminals?
Criminals are essentially the same as non-criminals. They commit crimes
after calculating costs and benefits
How did rehab and the modern penal system emerge?
emerged with the growth of new scientific disciplines like psychiatry,
psychology and psychotherapy
What approach does the modern penal system take?
positivist
According the modern penal system, what is human behaviour?
Human behaviour is determined and not a matter of free will
According the modern penal system, what is crimes caused by?
Crime is frequently caused by multiple factors
(psychological, biological, or social) that constrain our rationality
According the modern penal system, what are criminals?
Criminals are fundamentally different from non-criminals
What does the modern penal system focus on?
Focused on offenders rather than systems
According the modern penal system, how is punishment to be applied?
Punishment to be applied differently to different offenders (‘what
works for whom, where and when?’)
What are the modern penal system programs designed to address?
Programs designed to address criminal propensities
What does contemporary rehabilitation emphasise?
Emphasises personal responsibility for offending
and rehabilitation
What does contemporary rehab often involve?
Often involves: restorative justice, therapeutic jurisprudence, specialist
courts
What is restorative justice?
“a process whereby all the parties with a stake in a
particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future”
What does contemporary rehab focus on?
Focuses on the needs of victims of crime
How does contemporary rehab deal with offenders?
• holds offenders accountable and responsible for the harm
they have caused
• Offenders have to acknowledge their wrongdoing and
repair harm to victim
What model does contemporary rehab involve?
Involves conferencing models
What are the conferencing models?
victim/offender mediation
(relatives and authorities are also involved);; circle sentencing;;
family group conferencing;; community reparation boards
What is the definition of Therapeutic Jurisprudence?
legal term that describes criminal justice and court
initiatives that focus on therapeutic interventions to start
to rehabilitate an offender during the court process
and can sometimes be referred to
as collaborative justice
What does Therapeutic Jurisprudence recognise?
recognises that the law and legal process can have
positive or negative effects on participants, including
offenders