Illusions of Treatment in Sentences and Civil Commitments

Abstract

Although the concept of rehabilitation is dominant in correc tion, in fact the treatment available is limited. Yet a number of complex statutory structures have been erected, ostensibly to facilitate treatment of offenders. The destructiveness of these devices outweighs the usefulness of the treatment or therapeutic processes they are presumably calculated to facilitate. The effect of the indeterminate sentence, youth authorities, even parole, is to lengthen terms of imprisonment substantially without any compensatory positive results. Commitment ostensibly for the primary purpose of treatment cannot be justified. The only basis for incarceration should be public safety. Even probation should be used selectively; outright discharge, fines, and suspended sentences are often more appropriate. There is a right not to be treated.