Behavior Modification and the Law: Implications of Recent Judicial Decisions

Abstract

This paper examines the intersection of behavior modification and recent court litigation dealing with prisoners and mentally handicapped persons. The courts have displayed an unprecedented interest in articulating the rights of institutionalized residents and establishing specific standards to insure that these rights are protected. While many of the court-ordered reforms are clearly beneficial, some of the emerging standards might, and indeed do, limit the use of certain behavior modification techniques, with the very real possibility that important therapeutic interventions could be delayed or even prohibited for some persons. This paper presents a comprehensive review of the court decisions relating to behavior modification procedures, outlines some of the complex and largely unresolved issues raised by the decisions, and suggests some solutions to these problems from the viewpoint of a behavioral psychologist.