The Treatment and Rehabilitation of Offenders

Books

Iain Crow

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  • Chapters
  • Front Matter
  • Back Matter
  • Subject Index
  • Part 1: The Concept of Treatment

    Part 2: The Institutions of Treatment

    Part 3: Treatment in Practice

    Part 4: Beyond Treatment

  • Copyright

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    Acknowledgements

    Although this book reflects my own interests and concerns, because of its origins in a university course, I have drawn heavily on other publications in writing it, rather than on original research. References and quotations are duly cited, but I must acknowledge my general indebtedness to the work of others in making the book possible. I am especially grateful to those who have come as guest speakers at various times and talked to students about their work. They include Manjit Seale, Sue Hermiston, Andrew Smith, Darryl Fisher, Janice Brown and Liz Burgess (all of the South Yorkshire Probation Service), Dave Goddard, Louisa Deakin and Ian Whittaker (of the Sheffield Court Diversion Scheme), and Paul Bliss and Christine Milton of Phoenix House, Sheffield. Their contribution to the course and to this book has been invaluable.

    I am also grateful to several colleagues for their helpful comments and suggestions at various times, especially Michael Cavadino, Jason Ditton and Paul Wiles. I would also like to record my appreciation of the comments received from an unknown reader to whom Sage Publications sent the book prior to final drafting. I have incorporated many of the suggestions received, which I hope have improved the text somewhat. However, the responsibility for what is in these pages is mine alone.

    Finally, the book would not have been written at all were it not for the students who opted to take the course on which it is based. For their forbearance and patience (particularly those who took the course during the first couple of years), and their encouraging remarks I thank them, and dedicate this book to them and to those who may follow after them.

    Foreword

    Shortly after joining the Centre for Criminological and Legal Research at the University of Sheffield I took part in meetings with colleagues about establishing a new degree in Law and Criminology. As discussions proceeded it was put to me that I should run a course on the treatment of offenders. I think this was seen as a reasonable suggestion, since not long before I had come from heading the Research Unit at the National Association for the Care and Resettlement of Offenders (NACRO). My initial thought was to point out that neither NACRO nor I were really into treatment as such. However, I decided on further reflection that it could be rather interesting for me (and perhaps, with luck, for the students) to examine a perspective on dealing with offenders with which I was not entirely in sympathy, but one which had dominated much of my early life as a researcher. As plans for the degree and the Treatment of Offenders course proceeded, two things happened. The first was that I became more and more involved in discovering what was happening in areas that I had not paid much attention to for too long. Second, I became aware that, although there was a considerable body of literature and information, to even begin to cover some of the topics for a course of this nature involved referring to a very large number of sources. In short, there was no text to which I could direct students. I therefore set about compiling notes for the students which attempted to bring together as much material as possible in what I hoped would be a reasonably cogent and enlightening manner. Having done this, the notion of producing the book which I felt the students needed soon followed, and the idea was strengthened by the positive responses of the students concerned and of others.

    But one does not write a book for a single degree course. Ideas of trying to treat and rehabilitate offenders went out of fashion for some years, with more emphasis being placed on punishment and retribution. Nonetheless, treatment and rehabilitation have continued to play a role in criminal justice in the UK and elsewhere. Furthermore, there have been important developments in treatment and its evaluation in recent years, with a resurgence of interest following indications that some things do ‘work’. There is also a growing belief that a penal policy devoid of attempts to offer adequate treatment and rehabilitation opportunities will be inadequate, ineffective and unjust.

    This book cannot claim to offer a comprehensive coverage of such an extensive topic as the treatment and rehabilitation of offenders. What I have tried to do is to represent the main elements of such a topic by presenting the book in four parts. The first part looks at the concepts of treatment and rehabilitation and their application. Consideration is given to the development of treatment and rehabilitation during the twentieth century, to the rise and fall of the ‘treatment model’, to the methods for evaluating the effectiveness of treatment and related initiatives, and recent developments in attempting to identify ‘what works’. The second part of the book looks at the two main institutions that have been concerned with treatment and rehabilitation, the Prison Service and the Probation Service, with an all too limited acknowledgement of the role played by non-statutory agencies. The third part of the book tries to bring the more general issues to life by looking at treatment and rehabilitation in relation to particular groups of people and the way they are dealt with. This inevitably involved having to select groups to focus on. The three groups chosen – sex offenders, the mentally disordered, and drug misusers – were selected for various reasons. They are very much at what one might see as the ‘sharp’ end of treatment and rehabilitation, in that they are challenging, both to those who work with them and to society in general. As a consequence they can at times attract much public attention. These three groups also tend to be characterised by much ambivalence and ambiguity; they present dilemmas about rights and responsibilities, and about the limits of intervention. For this reason they are a good basis for student discussion. In the end, however, there is bound to be an arbitrary element to the selection of particular groups (young people and female offenders are also briefly considered in Chapter 1), and I make no claim to have necessarily chosen the ‘right’ ones. Finally, the book ends with a brief consideration of the social context within which treatment and rehabilitation take place.

    Just as the book cannot cover all aspects of the treatment and rehabilitation of offenders, neither can it present an exhaustive discussion of the topics relevant to treatment and rehabilitation that are covered. There are, for example, various sources that can be consulted to find out about the development of criminology and criminological theory, about research methods in general, about sexual offences, mentally disordered offenders, the Probation Service and so on. Therefore, while some background to the topic under consideration is necessary, the main focus of each chapter is on treatment and rehabilitation, whether the role of the Probation and Prison Services in treatment and rehabilitation, or the treatment and rehabilitation of sex offenders and drug misusers. Nonetheless, because the book covers a lot of ground there is a danger that the coverage of topics is too general and I am painfully aware of how much I have had to leave out. I hope, however, that there is sufficient material in each chapter to provide an adequate introduction to the issues, and to point students and others towards further reading.

    Then and Now: ‘Old’ Treatment Model and ‘New’ Treatment Approaches

    I am conscious of the fact that while some of the issues related to the treatment and rehabilitation of offenders have developed over a long period of time – in effect over the best part of the last century or more – developments can also take place very rapidly; they have done so during the time I have been writing this book. In writing about treatment and rehabilitation one is attempting to reflect both long term and short term developments. Let me refer first to the broader, longer term development of notions of the treatment, rehabilitation and reformation of the offender. Prior to the twentieth century (as is mentioned in Chapters 2 and 5) such notions often had a moral and evangelical dimension (Garland, 1985: 8). During the twentieth century this gave way to what I would call the ‘old’ treatment model, also sometimes referred to as the ‘rehabilitative ideal’. As Chapter 2 of the book describes, this was a paradigm of how to deal with offenders that reached its highest point during the period following the Second World War. It was characterised to a large extent by its curative nature and by its tendency to regard the offender as a passive recipient of intervention. During the mid-1970s this model collapsed in a spectacular manner, giving way to the doctrine that ‘nothing works’, which exerted its influence almost to the end of the century.1 I say ‘almost’ because the last few years have seen a revival of the notion that treatment and rehabilitation initiatives are worthwhile. This has largely developed under the auspices of what is generally referred to as the ‘what works’ movement.

    Just as ‘nothing works’ was based on the apparent ineffectiveness of interventions in reducing recidivism, the ‘what works’ approach justifies itself, as the phrase suggests, largely in terms of effectiveness, as measured by reducing offending. This is not unreasonable, but recent years have also witnessed a ‘new’ treatment approach, which has other characteristics apart from reduced reconviction rates. This new treatment approach rejects the determinist and positivist assumptions of the ‘old’ treatment model. There is an element of it that is ‘rights based’ in that it recognises the rights of both victim and offender, and the right of society at large to be protected from the impact of crime. In some ways the ‘new’ approach harks back to classical criminological precepts, based on the reasoning person, and therefore to the ‘voluntaristic process of reform’ (Garland, 1985: 15). It emphasises the exercise of choice and responsibility for one's own actions. The offender must accept the responsibility to acquire the necessary skills to control his or her behaviour. The agencies and agents of this new model are seen as facilitators and managers of change, rather than caseworkers or some kind of paramedic. It is true that, in line with what have become established ‘what works’ principles (See Chapter 4), much of the work of the ‘new’ treatment model revolves around offender reasoning and cognition, stressing risk assessment and risk management, outcomes and evaluation. But it also places the treatment of individual offenders within a wider context of social needs, recognising that rehabilitation is a two way process which has to involve offender and society, replacing social exclusion with reintegration (which is the basis for Chapter 10). We are still a long way from achieving such an ideal, but the potential for developing a ‘new’ treatment approach became more realisable as the end of the twentieth century approached.

    In contrast, at certain times developments have been very rapid. For example, the mid-1970s constituted a period of rapid change, when the rehabilitative ideal gave way to the view that ‘nothing works’ and this entailed a rapid reap praisal of criminal justice policy and practice, and criminological thinking. It is always hard, and perhaps rather rash, to reflect on the time at which one is writing. However, the time when this book was written was also one of considerable change. Some changes had been in progress for some time. The responses to drug misuse, for example, seldom stay the same for very long and have not done so throughout my professional career. The 1990s saw growing media attention and public concern directed towards sex offenders and mentally disordered offenders, and this has resulted in responses from the Government of the day. The Probation Service and the nature of probation work have changed considerably in recent years, and continue to do so. Inevitably the election of a new Government in the United Kingdom in 1997 had an impact on these changes, with the new administration announcing the implementation of policies that it had promised in opposition (e.g. drug treatment and testing orders), and announcing reviews of existing policies, such as in the area of mental health. This means that, in certain respects, this book will almost certainly be out of date soon after the writing of it is completed, and the reader is cautioned to expect this to some extent. In a sense this does not matter too much; attempts to deal with offenders are always likely to change, for political reasons and because of new developments. The aim of this book is to chronicle some of these attempts in the hope that this will inspire the student to inquire further into what happens in the future. I have tried to ensure that the most recent developments at the time of writing have been recognised. If this book prompts a reader to find out more about what has happened since, then it will have achieved at least one of my ambitions for it.

    Note

    1 The end of the ‘nothing works’ doctrine could be said to have achieved official recognition in the summer of 1998 when the Home Office Research and Statistics Directorate published a major review of criminal justice policy which started by saying that, ‘It was not true that “nothing works”’ (Nuttall et al., 1998: 1). This is somewhat ironic since, as discussed in Chapter Two, the Home office Research Unit was instrumental in undertaking research from the 1950s onwards which led to the demise of the treatment model and the rise of the ‘nothing works’ doctrine.

    The mood and temper of the public in regard to the treatment of crime and criminals is one of the most unfailing tests of the civilisation of any country. A calm and dispassionate recognition of the rights of the accused, and even of convicted criminals, against the state, a constant heart-searching by all charged with the duty of punishment, a desire and eagerness to rehabilitate in the world of industry all those who have paid their dues in the hard coinage of punishment, tireless efforts towards the discovery of curative and regenerating processes, and an unfaltering faith that there is a treasure, if you can only find it, in the heart of every man [sic] – these are the symbols which in the treatment of crime and criminals mark and measure the stored-up strength of a nation, and are the sign and proof of the living virtue in it.

    WinstonChurchill

    Home Secretary

    20 July 1910

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