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Issues in the use of an Electronic Rehabilitation System with Chronic Recidivists

Published online by Cambridge University Press:  01 July 2024

Ralph K. Schwitzgebel
Ralph K. Schwitzgebel*
Affiliation:
The Law School, Harvard University
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Certain recent technological developments may soon make possible new alternatives to the incarceration of offenders. These alternatives clearly present some hazards as well as benefits. The purpose of this paper is to discuss briefly a few of the difficult and complex issues that may soon arise as a result of these new alternatives.

Some of the most relevant advances in technology are occurring in areas other than that of corrections. For example, an electronic rescue and rehabilitation system now being developed will permit the monitoring of the heart rate and geographical location of cardiac patients in an urban environment as they move through the prescribed monitored area. In the event of acute cardiac infarction, the patient could transmit an emergency signal to the base station and help could be sent immediately. Even if the patient were unconscious, the base station might automatically be alerted to his condition and location. The location would not need to be determined unless an emergency occurred. A similar system might also be used to help rescue persons subject to other types of medical emergencies, to protect mentally ill or retarded persons who might easily become lost or confused in the city, and to help safeguard persons with suicidal tendencies.

Type
Research Article
Information
Law & Society Review , Volume 3 , Issue 4 , May 1969 , pp. 597 - 611
Copyright
Copyright © 1969 by the Law and Society Association.

References

1. R. Schwitzgebel, W. N. Pahnke & W. S. Hurd, A Program of Research in Behavioral Electronics, 9 Behav. Sci. 233-38 (1964).

2. G. Geis, The Community-Centered Correctional Residence, in Correction in the Community: Alternatives to Incarceration 19-28 (Youth and Adult Corrections Agency, State of California 1964).

3. R. M. Bird, The Engineering Design of an Electronic System for Remote Communication between Psychologist and Several Juvenile Delinquents, 1965 (preliminary Ph.D. examination, Department of Engineering, University of California at Los Angeles); E. B. Konecci & A. J. Shiner, The Developing Challenge of Biosensor and Bioinstrumentation Research, in Biomedical Telemetry 299-319 (C. A. Caceres, ed. 1965); D. N. Michael, Speculations on the Relation of the Computer to Individual Freedom and the Right to Privacy, The Computer and Invasion of Privacy, Hearings before a Subcomm. of the House Comm. on Government Operations, 89th Cong. 184-93 (July 26, 27, and 28, 1966).

4. E. H. Sutherland & D. R. Cressey, Principles of Criminology (1960); D. Glaser, The Effectiveness of a Prison and Parole System (1964); N. D. Walker, Crime and Punishment in Britain (Edinburgh University Press 1965).

5. G. K. Stuerup, The Treatment of Chronic Criminals, 28 Bull. Menninger Clinic 229-43 (1964); H. W. Mattick (ed.), The Future of Imprisonment in a Free Society, 2 Key Issues 4-102 (1965).

6. H. A. Block, Crime in America (1961).

7. J. Chwast, The Significance of Control in the Treatment of the Antisocial Person, in Crime in America: Controversial Issues in Twentieth Century Criminology 74 (H. A. Block ed. 1961).

8. Cf. 13 K. R. Eissler, Notes on Problems of Technique in the Psychoanalytic Treatment of Adolescents: With Some Remarks on Perversions, in The Psychoanalytic Study of the Child 223-54 (1958); P. Blos, Delinquency, in Adolescents: Psychoanalytic Approach to Problems and Therapy 132-51 (S. Lorand & H. I. Schneer eds. 1965).

9. S. A. Shah, Treatment of Offenders: Some Behavioral Concepts: Principles and Approach, 30 Fed. Prob. 29-38 (1966); R. Schwitzgebel & D. A. Kolb, Inducing Behavior Change in Adolescent Delinquents, 1 Behav. Res. and Therapy 297-304 (1964).

10. State of California, Corrections Department, California Attacks Narcotic Addiction (1965).

11. G. E. Vaillant & R. W. Rasor, The Role of Compulsory Supervision in the Treatment of Addiction, 30 Fed. Prob. 53-59 (1966).

12. E. Weigert, Loneliness and Trust: Basic Factors of Human Existence, 23 Psychiatry 121-31 (1960).

13. Cf. P. W. Tappan, Crime, Justice and Correction chs. 2, 10 (1960).

14. The problem here, one common to all successful therapy, is that the philosophical or ethical values of the offender may be changed so that they more nearly conform to those of society. But the values of society may not ultimately be “correct” or “better” than those of the offender and, even if they are, the right to hold alternative values may be essential for the maintenance of a pluralistic or democratic society. Thus, harm is possible even in successful therapy. This problem has been avoided inasmuch as therapy has been only moderately successful. With its increasing effectiveness, the problem becomes more obvious. Some thoughtful discussions of this issue may be found in F. Barron, Freedom as Feeling, 1 J. Humanistic Psychology 91-100 (1961); Control of the Mind (S. M. Farber & R. H. L. Wilson eds. 1961); The Quest for Self-Control (S. Z. Klausner ed. 1965); C. R. Rogers & B. F. Skinner, Some Issues Concerning the Control of Human Behavior, 124 Sci. 1057-66 (1956).

15. For example, over a period of about one year, approximately 41% of the inmates in the New Jersey State Prison received no visits from the outside world. See G. S. Sykes, The Society of Captives: A Study of Maximum Security Prison (1965).

16. Michael, supra note 3.

17. R. Schwitzgebel, Electronic Innovation in the Behavioral Sciences: A Call to Responsibility, 22 Am. Psychologist 364-70 (1967).

18. Note, Anthropotelemetry: Dr. Schwitzgebel's Machine, 80 Harv. L. Rev. 418 (1966).

19. In A. S. Miller, Technology, Social Change, and the Constitution, 33 Geo. Wash. L. Rev. 1746 (1964) the author has suggested that previously the law and lawyers have responded to or been acted upon by technological change. But now that technological change is a constant in American society, the management of this change should come within the province of the law to preserve a democratic political and social order. See also D. B. King, Electronic Surveillance and Constitutional Rights: Some Recent Developments and Observations, 33 Geo. Wash. L. Rev. 240-69 (1964).

20. R. H. Bolt, Science Policy, Sci., May 22, 1964, at 1047.

21. G. F. Axtelle, Technology and Social Change, The Educ. F., Jan. 1961, at 133-40.