The shift from justice model to medical model

¶ … Justice Model" has Replaced the "Medical Model"

This paper addresses the reasons why the medical model of corrections has been replaced by the justice model of corrections. It will begin by defining each of these two models and their basic characteristics. This will be followed by a discussion of the possible causes of this transition. From these possible causes, a primary cause will be selected based on the information obtained during the research process. A conclusion paragraph will summarize these findings and evaluate the research process. Recommendations for further research will also be made.

DEFINING THE MODELS

In order to understand why the justice model has replaced the medical model, we must first understand the difference between the two models. The medical model "views the offender as being emotionally ill, with the logical conclusion that the illness can be diagnosed, treated, and cured" (Williams, 1996, p. 137). Essentially it is based on the idea that just like any other 'sickness' criminal behavior can be cured with the right 'antidote'. The justice model on the other hand, is based on a shift from "rehabilitation" to "fairness." The model's primary advocate, David Fogel, asserted that sentencing disparities were at the core of the problems associated with the penal system, and therefore reform efforts needed to be based on the elimination of indeterminate sentences and parole, which were parts of the medical model. According to Williams (1996), "The justice model openly recognizes that prisons serve only to punish offenders; no claim is made for the therapeutic value of incarceration" (p. 137). Now that an explanation has been given regarding the premises of each of these models, it is time to turn to the possible explanations as to why the justice model has replaced the medical model. These possible explanations include: 1) The political explanation; 2) The frustration explanation; and 3) The "War on Drugs" explanation.

THE POLITICAL EXPLANATION

When Fogel's justice model first became popular in the 1970s it was supported by both liberals and conservatives. The liberals supported it because they were against indeterminate sentencing and saw the justice model as a means of creating a fairer system. On the other hand, the conservatives supported it because they considered it to be "a welcome change from what they saw as coddling criminals within the Rehabilitation Model" (p. 76). Obviously it is extremely rare for both liberals and conservatives support any type of policy. Therefore, it seems clear that the widespread support across the political spectrum had a great deal to do with the medical model being replaced by the justice model. There were apparently aspects of the model that appealed to both sides and I believe that both conservatives and liberals were able to overlook the negative implications of the model in favor of its benefits. I believe that the political explanation is a very likely catalyst. However, this is not the only possible explanation. There is also reason to believe that American's growing lack of faith in the justice system helped to propel this conversion.

THE FRUSTRATION EXPLANATION

Considering the extensive frustration with the justice system that emerged from a lack of visual evidence that rehabilitation programs are effective, it is only logical that Americans would want to seek out alternatives. The statistical reports on recidivism rates and of a failure of released prisoners to find gainful employment or contribute positively to society in any way fueled a mentality among Americans that rehabilitation does not work (Sparks, 1996). People began to move away from the idea that criminals can be 'cured' and toward the idea that fair and equal punishment should become the primary focus of penal reform efforts. I do not believe that this occurred because people became less concerned about the welfare of prisoners, or that America had simply become 'hardened' to the idea of trying to help people. I believe it merely came out of a frustration on the part of Americans who were desperate for an alternative that actually worked. Every night on the news, people are bombarded with story after story about criminal behaviors and growing crime rates, so it is entirely understandable that American's would throw their arms up in exasperation, and say 'let's try something else!' Frustration has always been a powerful catalyst for change, and the criminal justice system is no exception. But is this frustration the most powerful reason behind the replacement of the medical model with the justice model? Or is there something else that needs to be considered? Perhaps it was the war on drugs that drove this transition.

THE 'WAR ON DRUGS' EXPLANATION

The 'official' war on drugs was first waged in 1971 when President Richard Nixon publicly declared the waging of this war. This was followed up by the "Just Say No" campaign launched by First Lady Nancy Reagan in the 1982. The entire mentality of these campaigns was based on the idea that we are standing on a battlefield that we need to defend at all costs. The prevalence of these anti-drug campaigns was so extreme, and the tactics so commercial, that it was difficult during these decades to thing of drugs (and the criminals that buy, sell and use them) as anything but the enemy. Therefore, the idea of incarceration as a punishment rather than a form of rehabilitation had a great deal of appeal for the "American soldiers" fighting this battle. For every drug dealer or user that was incarcerated, it was a victory for the other side. What happened to those prisoners after the fact was not a major concern -- the concern was in winning the war, not in monitoring the 'enemy' (Robinson & Scherlen, 2007).