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Ethical concerns in case management
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[The term case management can have many different applications. In this paper, it will refer to the managing of individual’s cases who find themselves in the criminal justice system, in a corrections setting or in the community who require an advocate to assist them. These persons could have one of any number of issues that require special attention or connection with resources that will enable them to improve their functioning and possibly result in avoiding a return to the criminal justice system. The case managers who work with client’s who have various issues which require specific resources and techniques. In addition, this paper will define the process and what role ethics and confidential information play in working with clients. Differences …show more content…
The individuals who are a part of these institutions and participate in case management are a vulnerable population. As described in the previous paragraphs there are any number of conditions that an inmate may have. The most important function of a case manager is to help the client get the services they need so that they can lead a productive life and protect the public from client’s that will commit crime and endanger society (Hansen, 2011). The case manager who works with an inmate needs to establish and maintain boundaries so that there is no way that an inmate can manipulate the case manager in order to get special privilege, or to hide behavior that is against the rules of their release. In addition, some inmates will try to develop a relationship with persons of the opposite sex in order to use them to their advantage. Case managers are also charged with protecting the confidentiality of their client’s just as any person who is participating in treatment has the right to confidentiality. In cases of client’s who are involved in the criminal justice system confidentiality is imperative due to the client’s criminal history that their personal information is not passed on without their permission. The client’s treatment providers for substance abuse and mental health services should be contacted only after a formal release of information has been signed by the client to protect their federal rights of
Managing case assignments allows for the offender to have the best opportunities for reintegration into the community as well as for the criminal justice system to successfully supervise the offender. There exist 4 different case assignment models that are used most frequently to provide the offender with his or her most basic needs and services.
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
Prisons and correctional facilities in the United States have changed from rehabilitating people to housing inmates and creating breeding grounds for more violence. Many local, state, and federal prisons and correctional facilities are becoming more and more overcrowded each year. If the Department of Corrections (DOC) wants to stop having repeat offenders and decrease the volume of inmates entering the criminal justice system, current regulations and programs need to undergo alteration. Actions pushed by attorneys and judges, in conjunction current prison life (including solitary confinement), have intertwined to result in mass incarceration. However, prisoner reentry programs haven’t fully impacted positively to help the inmate assimilate back into society. These alterations can help save the Department of Corrections (DOC) money, decrease the inmate population, and most of all, help rehabilitate them. After inmates are charged with a crime, they go through the judicial system (Due Process) and meet with the prosecutor to discuss sentencing.
Indeed, that correctional counselors and custodial staff need to work together in collaboration to improve on the treatment and management of offenders. For example, they should work together so as to eliminate impediments arising from the conflicting assertions on the advocacy for the treatment and rehabilitation and maintenance of order and security so that the offenders are able to cooperate in correctional treatment without any fear that treatment induced statements may incriminate him/her. This collaboration should be done in a way that ensures offenders are assisted to cope, learn and reform their behaviors so that they can enhance security (McElreath et al.,
The study continues on to explain further ramifications, such as, physical effects. This shows some of the devastating effects the practice of administrative segregation has on inmates’ mental and physical well-being. Often, it is the mentally ill that are unfairly subject to this practice. “Mentally ill inmates may find themselves inappropriately placed in administrative segregation because of a lack of other suitable placements, protective custody reasons, or disruptive behavior related to their mental illness.” (O 'Keefe 125). Instead of providing safety to inmates and staff as the prison system claims administrative segregation is for, its main objective is social isolation. Which is one of the harmful elements of AS that makes it torture. Additionally, an annual report from the Canadian Government’s Office of the Correctional Investigator’s states, “close to one-third of reported self-injury incidents occurred in (federal prisons) segregation units”. Therefore, one can infer that the negative effects of AS are contradictory to providing safety to inmates. UN Special Rapporteur on Torture Juan Mendéz proposed administrative segregation should be banned as the “isolation of inmates amounted to cruel, inhuman or degrading treatment or punishment or – in more severe cases – to torture.” The ramifications of administrative segregation amount to what is defined as torture by lawyer and human rights Juan Mendéz. Administrative segregation is an unconstitutional treatment of inmates and does not constitute the values of our society, or the dignity and humanity of all people. Which is contradictory to rehabilitating a person to be physically, socially and mentally restored for reintroduction into society. Its use in Canada’s prison system is unjustified, unethical, and ultimately,
The system of the Prison Industrial Complex operates within the law. The law allows private companies to infiltrate the prison, while keeping prisoners in a subjugated position. The law, under the Eight Amendment obligates prison officials to provide prisoners with “adequate” medical care. This principle applies regardless of whether the medical care provided is by governmental employees or by private medical staff under contract with the government (Project, 2012). If prisoners believe they are being denied their constitutio...
In order for one to understand the criminal justice system, it is important to study both the criminal law of one’s own country as well as surrounding countries. By engaging in comparative criminal justice studies, one can expand this knowledge through the discovery of similarities and differences in the structure of criminal justice agencies of various nations or states. There are a multitude of factors which could contribute to the differences in each nation’s criminal justice system. By studying the ways in which other countries operate their criminal justice system, it may be possible to learn ways in which we could better our own system. In order to do this, we can study the ways in which various court systems operate around the world. In doing so, we will examine countries with both a different and similar judicial system to ours and discover the differences in how each operates. In furtherance of understanding the criminal justice system, we will
Thousands of people statewide are in prisons, all for different reasons. However, the amount of mental illness within prisons seems to go unaddressed and ignored throughout the country. This is a serious problem, and the therapy/rehabilitation that prison systems have do not always help those who are mentally ill. Prison involvement itself can contribute to increased suicide (Hills, Holly). One ‘therapy’ that has increased throughout the years has been the use of solitary confinement, which has many negative effects on the inmates. When an inmate has a current mental illness, prior to entering into the prison, and it goes undiagnosed and untreated, the illness can just be worsened and aggravated.
Criminal Justice officials understand the situation in their prisons regarding mental health but have not taken action to fix it. For example, “According to the Department of Justice, abo...
In history, crimes have been dealt with by the justice system according to its severity as well as the offender: if the crime committed was not very serious and the offender was deemed “non-delinquent”, or “free of any real criminal disposition”, they would be cautioned or fined. However, were the crime a more serious one and the offender appeared to have a “criminal character”, they would receive more severe and more deterrent punishment (Garland, 2001: 42).
In order to keep a safe society, it is important to establish a nation with
There are several differences of case management within the community setting and in a correctional setting in the criminal justice system. Case management plays a huge role when helping an individual get out of the criminal justice system and not become repeat offenders. Case management will have to ensure that the process is altered for various special populations in both settings. This is to ensure that the best help is given to individuals to get him or her out of the criminal justice system. Sex offenders and juveniles are two examples of individuals that will need both community and correctional setting for case management. It is also important that while helping every individual their privacy is protected by case management.
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.
With the substantial increase in prison population and various changes that plague correctional institutions, government agencies are finding that what was once considered a difficult task to provide educational programs, inmate security and rehabilitation programs are now impossible to accomplish. From state to state, each correctional organization is coupled with financial problems that have depleted the resources to assist in providing the quality of care in which the judicial system demands from these state and federal prisons. Judges, victims, and prosecuting attorneys entrust that once an offender is turned over to the correctional system, that the offender will receive the punishment imposed by the court, be given services that aid in the rehabilitation of those offenders that one day will be released back into society, and to act as a deterrent to other criminals contemplating criminal acts that could result in their incarceration. Has our nation’s correctional system finally reached it’s critical collapse, and as a result placed American citizens in harm’s way to what could result in a plethora of early releases of inmates to reduce the large prison populations in which independent facilities are no longer able to manage? Could these problems ultimately result in a drastic increase in person and property crimes in which even our own law enforcement is ineffective in controlling these colossal increases in crime against society?
In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the nation, sky-rocketed to 708 percent between 1972 and 2008. Today, there are about 145,000 inmates occupying areas only designed for 80,000 (Posner). Peter Mosko, “an assistant professor of Law, Police Science and Criminal Justice at New York’s John Jay College of Criminal Justice” (Frazier) stated, “America, with 2.3 million people behind bars, has more prisoners than soldiers” (Frazier). There have been studies that have shown “there are more men and women in prison than ever before. The number of inmates grew by an average of 1,600 a week. The U. S. has the highest rate of crime in the world” (Clark). Because of this influx in inmates, many prisoners’ rights groups have filed lawsuits charging that “overcrowded prisons violate the Constitution’s 8th Amendment ban on cruel and unusual punishment” (Clark). It is clear that the United States corrections system needs to be reformed in order to eliminate this problem. Prison overcrowding is a serious issue in society due to the fact it affects prison ...