Astrid Birgden

Assessing Treatment Readiness in Violent Offenders

Although violent offenders are widely considered to be difficult to engage in therapeutic change, few methods of assessing treatment readiness currently exist. In this article the validation of a brief self-report measure designed to assess treatment readiness in offenders who have been referred to violent offender treatment programs is described. The measure, which is an adaptation of a general measure of treatment readiness developed in a previous work, displayed acceptable levels of convergent and discriminant validity and was able to successfully predict treatment engagement in violent offender treatment. These results suggest that the measure has utility in the assessment of treatment readiness in violent offenders.

The Treatment of Sex Offenders: Evidence, Ethics, and Human Rights

Public policy is necessarily a political process with the law and order issue high on the political agenda. Consequently, working with sex offenders is fraught with legal and ethical minefields, including the mandate that community protection automatically outweighs offender rights. In addressing community protection, contemporary sex offender treatment is based on management rather than rehabilitation. We argue that treatment-as-management violates offender rights because it is ineffective and unethical. The suggested alternative is to deliver treatment-as-rehabilitation underpinned by international human rights law and universal professional ethics. An effective and ethical community–offender balance is more likely when sex offenders are treated with respect and dignity that, as human beings, they have a right to claim.

Therapeutic Jurisprudence and Sex Offenders: A Psycho-Legal Approach to Protection

Societal response to sex offenders is marked by uncertainty about whether punishment or treatment should occur. The distinction between punishment, prevention, and protection is useful to determine how best to assess, treat, and manage sex offenders within the criminal justice system. Once convicted, both law and psychology are concerned with sex offenders changing their behavior in order to protect the community. Therapeutic jurisprudence is a legal theory that aims to maximize therapeutic effects of the law and minimize anti-therapeutic consequences of the law. Therapeutic jurisprudence provides a framework to combine legal and psychological processes to balance prevention and protection. Legal and correctional practitioners can work together to address both community protection and offender protection concerns.

Serious Sex Offenders Monitoring Act 2005 (Vic): A Therapeutic Jurisprudence Analysis

In May 2005, the Serious Sex Offenders Monitoring Act 2005 (Vic) was enacted to enable up to 15 years of conditional supervision and treatment to occur subsequent to the expiry of a criminal sentence or parole. Such legislation reflects changes occurring in other parts of Australia and New Zealand regarding increased community protection. The article will conduct a therapeutic jurisprudence analysis from the perspective of a forensic psychologist. In determining whether the Act is likely to maximise community protection, the analysis will focus upon legal procedures, the role of forensic psychologists and substantive law. The analysis will identify psycho-legal soft spots to anticipate areas where procedures, roles, and the law may be anti-therapeutic. Therapeutic enhancements to procedures and roles to engage the sex offender are proposed in order to balance individual autonomy with community protection needs. Any future development of legislation designed for community protection against offenders must include forensic researchers and practitioners with relevant expertise.

Offender Rehabilitation: A Normative Framework for Forensic Psychologists

Community protection from offenders is addressed through punishment, deterrence, incapacitation, and/or rehabilitation. The current public policy debate about community protection refers to community rights as opposed to offender rights as if the two are mutually exclusive. However, in this article it will be argued that offender rehabilitation can enhance community protection if it addresses community rights and offender rights. The author proposes a normative framework to guide forensic psychologists in offender rehabilitation. The normative framework considers psychological theory—the risk-need model to address community rights and the good lives model to address offender rights. However, forensic psychologists operate within the context of the criminal justice system and so legal theory will also be considered. Therapeutic jurisprudence can balance community rights and offender rights within a human rights perspective. The proposed normative framework guides forensic psychologists in the assessment of risk, the treatment of need, and the management of readiness in balancing community rights and offender rights. Within a human rights perspective, forensic psychologists have a duty to provide offenders with the opportunity to make autonomous decisions about whether to accept or reject rehabilitation.

‘Tolling for the luckless, the abandoned and forsaked’: Therapeutic jurisprudence and international human rights law as applied to prisoners and detainees by forensic psychologists

Objectives. There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing the extent to which the legal system serves therapeutic or anti-therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. The paper aims to provide an intersection between human rights, therapeutic jurisprudence, and forensic psychology. Method. Human rights are based on legal, social, and moral rules. Human rights literature generally considers legal rights but such policy statements do not provide principles to guide forensic psychologists in addressing moral or social rights. Therefore, a framework to guide forensic psychologists is required. Conclusion. As duty-bearers, forensic psychologists need to address the core values of freedom and well-being in rights holders (in this instance, prisoners and detainees with a mental illness). The paper proposes that human rights principles can add to the normative base of a therapeutic jurisprudence framework, and in-turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights.

Maximizing Desistance Adding Therapeutic Jurisprudence and Human Rights to the Mix

The law can be a systemically induced decision point for offenders and can act to help or hinder desistance. Desistance can be described as a change process that may be initiated by decisive momentum, supported by intervention, and maintained through re-entry, culminating in a citizen with full rights and responsibilities. Desistance within courts, corrections, and beyond is maximized by applying the law in a therapeutic manner. In common, desistance, therapeutic jurisprudence, and human rights support offender autonomy and well-being. The intersections between the three models have been explored to propose a normative framework that provides principles and offers strategies to address therapeutic legal rules, legal procedures, and the role of psycholegal actors and offenders in initiating, supporting, and maintaining desistance.

Case Management in Community Corrections: Current Status and Future Directions.

Case management is commonly regarded as the foundation of effective service provision across a wide range of human service settings. This article considers the case management that is offered to clients of community corrections, identifying the distinctive features of case management in this particular setting, and reviewing the empirical evidence relating to the effectiveness of different approaches. It is concluded that models of correctional case management that are clearly informed by the principles of risk, need, and responsivity, and which encourage case managers to form strong and meaningful relationships with their clients, are likely to be the most effective.