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Addressing the dual relationship problem in forensic and correctional practice
- Author:
- WARD Tony
- Journal article citation:
- Aggression and Violent Behavior, 18(1), 2013, pp.92-100.
- Publisher:
- Elsevier
Forensic practitioners face complex and pressing ethical issues in virtually every aspect of their assessment. The dual relationship problem in forensic and correctional practice emerges from conflict between two sets of ethical norms – those associated with community protection and justice versus norms related to offender/defendant well-being and autonomy. The problem occurs because forensic practitioners typically have their professional roots in mental health or allied disciplines such as psychiatry, clinical psychology, social work, or law, and often struggle to ethically justify aspects of forensic or correctional work. This article describes the problem of this dual relationship. It suggests that the problem extends beyond the straightforward conflict of roles and resides at the very heart of professional practice. It is a core normative conflict created by practitioners varying ethical allegiances. Ways of resolving the dual relationship problem are outlined, such as approaches that assert the primary of one set of codes over the other or involve the construction of hybrid ethical codes. Third, after briefly reviewing the shortcomings of these approaches the article presents a possible way forward drawing from relational ethics and the concept of moral acquaintances.
Human rights and dignity in offender rehabilitation
- Author:
- WARD Tony
- Journal article citation:
- Journal of Forensic Psychology Practice, 11(2-3), March 2011, pp.103-123.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia
Over the last 3 years, several papers on the implications of rights-based thinking for the assessment and treatment of offenders have been published. The aim of this paper is to draw from this work, in particular, the conceptual model developed by Ward and Birgden (Aggression and Violent Behavior, 12, 628-643), and to examine its practice recommendations and implications. It argues that the concept of dignity and human rights norms and ideas provide an ethical foundation for offender rehabilitation initiatives. First, the concept of dignity and its role in human rights thinking is analysed. Then the Ward and Birgden model of human rights is outlined and ethically justified. Finally, the article discusses some of the major assessment and treatment consequences of this human rights approach. It concludes by making a few suggestions about ways of working with offenders that are dignity-enhancing.
Is offender rehabilitation a form of punishment?
- Author:
- WARD Tony
- Journal article citation:
- British Journal of Forensic Practice, 12(4), November 2010, pp.4-13.
- Publisher:
- Emerald
This article explores the overlap between punishment and rehabilitation practices. Unless clinicians are aware of the difference in values between rehabilitation and punishment (guilt/responsibility/blame verses well-being/happiness/caring) and the practice implications associated with the two domains, they might unintentionally confuse them. The author makes three claims concerning this relationship between offender rehabilitation and punishment. First, rehabilitation as it is commonly understood in the offending arena contains some components that meet the criteria for punishment, in the ethical sense of the term. It is also true that there are aspects of rehabilitation that are focused directly on assisting offenders to live better lives and therefore which do not meet the criteria for punishment. Second, there are a number of significant practice implications that follow from the hybrid nature of offender rehabilitation. Third, the author suggests that Duff's communicative theory of punishment offers clinicians a stronger justification for the punishment aspects of rehabilitation than its retributive and consequential rivals.
Good lives and the rehabilitation of offenders: promises and problems
- Author:
- WARD Tony
- Journal article citation:
- Aggression and Violent Behavior, 7(5), September 2002, pp.513-528.
- Publisher:
- Elsevier
Every rehabilitation programme presupposes conceptions of possible good lives for offenders and, associated with this, an understanding of the necessary internal and external conditions for living such lives. The author argues that all offender programs presuppose a conception of good lives. State-of-the-art treatment programmes for sex offenders and research on the process of offender change presuppose such a conception and expose the problems evident in the way they engage with this dimension of rehabilitation. The article concludes that it is necessary for individuals working to rehabilitate offenders to explicitly construct conceptions of good lives for different offenders and to use these conceptions to shape the behavior change process.
Sailing uncharted seas without a compass: a review of interventions in forensic mental health
- Authors:
- BARNAO Mary, WARD Tony
- Journal article citation:
- Aggression and Violent Behavior, 22, 2015, pp.77-86.
- Publisher:
- Elsevier
Mentally disordered offenders (MDOs) represent a complex and diverse population who are often regarded as difficult to treat. Accordingly, the practitioners who are tasked with their reintegration face many challenges which are compounded by a paucity of published research on interventions with MDOs and a lack of comprehensive rehabilitation models to orient their practice. This article provides an overview of published literature on interventions used in inpatient forensic mental health services over the past 15 years. The literature is categorized according to its broad theoretical orientation and three approaches are identified: (1) Treatments targeting mental illness and other psychological issues; (2) Interventions based on the principles of the Risk–Need–Responsivity (RNR) model that aim to reduce recidivism; and (3) Strength-based models. The literature review highlights a practice of blending divergent models in an attempt to cater to the wide-ranging needs of forensic patients. It is asserted that this practice, which is problematic for a number of reasons, is underpinned by an absence of overarching rehabilitation frameworks to integrate the multiple elements of forensic practice. It is proposed that the Good Lives Model of offender rehabilitation, when adapted for use in a forensic context, may provide a promising way forward. (Publisher abstract)
The ethics of care and treatment of sex offenders
- Authors:
- WARD Tony, SALMON Karen
- Journal article citation:
- Sexual Abuse a Journal of Research and Treatment, 23(3), September 2011, pp.397-413.
- Publisher:
- Sage
Clinicians are frequently faced with ethical considerations when dealing with sex offenders and their therapeutic interventions with them. This article defines ethics of care and before illustrating how to empower clinicians with an additional set of ethical concepts to guide their practice with sex offenders. It acknowledges the importance of establishing and maintaining practices that help people to meet their needs, develop and protect basic capabilities for problem solving, emotional functioning, and social interaction, and avoid pain and suffering. The article examines how the contribution an ethics of care perspective can be made to work with sex offenders. It describes five classes of ethical problems evident in work with sex offenders – namely: risk management; individually tailored programmes for sex offenders; technical aspects of therapy; protecting the community; and therapist factors. The concept of care is defined and a justification for a version of care theory provided. Finally, the article applies the ethical care theory to ethical issues with sex offenders and demonstrates its value in responding to the five classes of problems outlined.
Ethical issues in forensic and correctional research
- Authors:
- WARD Tony, WILLIS Gwenda
- Journal article citation:
- Aggression and Violent Behavior, 15(6), November 2010, pp.399-409.
- Publisher:
- Elsevier
An ethical framework developed by Ward and Syversen to help with ethical decision making in forensic or correctional research contexts is presented. Some of the specific ethical challenges for researchers working in forensic and correctional domains, and consider how best to deal with ethical problems drawing from this framework are then considered. From there, the paper introduces an ethical framework that differs from the original in that it seeks to apply aspects of that framework to ethical issues in the forensic and correctional research fields. The aim is to provide researchers with some general ideas of how to proceed in certain situations rather than come up with a final set of answers to every conceivable problem.
Repairing the rupture: restorative justice and the rehabilitation of offenders
- Authors:
- WARD Tony, LANGLANDS Robyn
- Journal article citation:
- Aggression and Violent Behavior, 14(3), May 2009, pp.205-214.
- Publisher:
- Elsevier
Restorative justice is a social justice movement that aims to deal with consequences of crime through repairing and restoring relationships of three key stakeholders: victims, offenders, and communities. Unfortunately, it is often unclear where offender rehabilitation fits within the constructs of repair and reintegration that drive this justice paradigm. An analysis of the relationship between restorative justice theory and offender rehabilitation principles reveals tensions between the two normative frameworks and a lack of appreciation that correctional treatment programs have a legitimate role alongside restorative practices. First, the authors outline the basic tenets of the Risk–Need–Responsivity Model and the Good Lives Model in order to provide a brief overview of two recent models of offender rehabilitation. They then consider the claims made by restorative justice proponents about correctional rehabilitation programs and their role in the criminal justice system. They conclude that restorative justice and rehabilitation models are distinct, although overlapping, normative frameworks and have different domains of application in the criminal justice system, and that it is a mistake to attempt to blend them in any robust sense.
Human dignity and vulnerable agency: an ethical framework for forensic practice
- Authors:
- WARD Tony, SYVERSON Kendra
- Journal article citation:
- Aggression and Violent Behavior, 14(2), March 2009, pp.94-105.
- Publisher:
- Elsevier
An integrated ethical framework that covers the different levels of ethical tasks inherent in forensic and correctional work is presented. The article beings with a brief overview of the ethical framework and its component notion of human dignity. Second we in depth the concept of dignity and its relationship to normative theories and ethical concepts that are particularly relevant for forensic practitioners is analyze. Third, the capacity of the conceptions of human dignity and vulnerable agency to integrate principles typically contained in ethical codes and practice, such as beneficence, autonomy, and justice is explored. Fourth, how conflict between ethical codes or duties of station adhered to by practitioners can be effectively addressed in light of the model of dignity and agency outlined earlier is discussed. Fifth, how individuals' specific ethical judgments and actions should proceed in light of this framework model is explained .
Moral repair with offenders: ethical issues arising from victimization experiences
- Authors:
- WARD Tony, MORETON Gill
- Journal article citation:
- Sexual Abuse a Journal of Research and Treatment, 20(3), September 2008, pp.305-322.
- Publisher:
- Sage
The relevance of the concept of moral repair for sex offenders who have been victims of sexual or physical abuse is examined. First, the literature on victimization rates and effects in sexual offenders is briefly examined. Second, the notion of moral repair and its constituent tasks is examined with particular emphasis given to Margaret Walker's recent analysis of the concept. Third, the concept of moral repair is applied to offenders and its implications and possible constraints discussed. Fourth, the authors outline a normative framework for addressing victimization issues with sexual offenders, drawing on the resources of human rights theory and strength-based treatment approaches. Finally, the authors conclude with a brief consideration of the ethical and clinical implications of their normative model.