Social workers known as forensic social workers or correctional social workers can be found working in various organizations, assisting people who have legal or criminal matters within the justice system. They may find employment with a firm of attorneys, in correctional facilities, in parole and probation agencies, or in the federal, state and local prison system. These positions require varying sets of skills, and in most cases, they are likely to involve counseling in the mental health and behavioral areas of practice.
Social workers with an interest in the criminal justice field of work have many options for entering this interesting and challenging field of work. Many find themselves there by default. For example, social workers who work in centers for abused women and children may become involved in advocating for their clients’ rights or representing them in court.
Social work in this area comes with ethical challenges in deciding between the safety of the public and the need to provide socio-psychological services to offenders. In this context, the suggestion is for social workers to become involved in the development of policies to help the justice system provide comprehensive assistance to offenders and their families.
The criminal justice system
The purpose of the criminal justice system is to deliver justice for all, maintain public safety while punishing offenders, and help them rehabilitate. In this process of protecting the citizens of the country, there has to be a balance between fair and efficient punishment and the rehabilitation of offenders.
A study published by the National Association of Social Workers cites two schools of thought relating to the prevention of crime. The pro-punishment philosophy suggests that punishment is the means to preventing crime, while the pro-treatment school of thought acknowledges the role that mental health and other issues play in the committing of crimes, and the difficulty that offenders have in controlling these issues. It is widely recognized that treating mental illness in offenders prevents future criminal behavior.
According to the Federal Bureau of Prisons, there were 158,271 inmates in federal prisons across the country as of September 2023. Many people who are arrested are unable to afford bail and are kept in prison for weeks at a time as they wait for their court hearings.
Recidivism
Recidivism is the tendency of a convicted criminal to relapse into criminal behavior. The growing populations of inmates in prisons and jails have led to an increase in the number of people reentering society, and the indications are that two-thirds of people released are rearrested within three years of their release. A solution for successful rehabilitation of inmates lies in providing them with access to mental health care, devising individual education plans, and connecting them with employment options when reentering society.
The role of the social worker
Social workers within the criminal justice system provide culturally competent treatment to inmates, arranging access to medical and nutritional sources. They advocate for the rights of inmates and get involved in policymaking where necessary. With a view to release from prison, the social worker gets involved in the identification of current skills and further training requirements to improve the chances of successful rehabilitation of prisoners.
Court appearances
Social workers are often called upon to give the facts of a client’s case in a court of law. Appearing in court before a judge and being interrogated by an opposition lawyer can be a daunting experience for a social worker, but a sound knowledge of the facts of the case and realizing that the lawyer is duty-bound to give the client a fair trial helps the social worker to cope. A fact-based, clearly written testimony that does not allude to personal opinion is a good basis for a successful case presentation. Social workers without expert witness status can provide the facts of the case but cannot share their professional opinion on the matter.
Becoming an expert witness
An expert witness is someone who knows more about the case than the average person is likely to know. Without this qualification, the social worker is not permitted to give their personal opinions on the facts at hand. However, being in the position of an expert witness also increases the likelihood of being cross-examined by opposing counsel.
When applying for expert witness status, the social worker needs to be clear about their qualifications and experience, providing records of training and seminars attended. They need to have clear reasons for choosing a particular technique for analysis or intervention in cases, citing studies done by recognized experts in the field. Thorough preparation and a discussion of the case with a supervisor and the agency attorney beforehand will give rise to competent input and feedback on the case. Social workers testifying in court are urged to make sure that their answers are clear and that they don’t provide more information than what is relevant to the case.
An awareness at all times that the liability of social workers can also come under fire and that social workers can be charged with malpractice is an unfortunate necessity in a court situation. A malpractice suit against a social worker includes misfeasance, or carrying out their duties in a fashion that is inconsistent with the profession’s standard of care. Nonfeasance exists in most, but not all, states and relates to the social worker’s neglect to carry out the practice according to professional standards. Having a thorough knowledge of the liability laws within their state is essential for social workers who intend to defend their clients in court.
Client confidentiality
When engaging with clients, they need to be made aware that although the social worker is bound to keep their personal information confidential, their records may be subpoenaed as evidence in the case. Generally, it is the social worker’s responsibility to endeavor to keep the records secret. Clients may voluntarily sign statements of release, giving permission for their records to be made available to the court.
As a social worker with a bachelor’s degree, you may already be involved in social work within the criminal justice system and need to formalize your qualifications, or you may be inspired by the apparent shortage of social workers in prisons and have a desire to make a difference in the lives of many by using your knowledge and skills.
An online master’s in social work will elevate your professional standing as a social worker and give you an edge when dealing with complicated court systems or advocating for your clients. The Master of Social Work (MSW) run by Cleveland State University, linked to above, is designed for students who are seeking a rewarding and meaningful new career in the field of social work. Students must hold a bachelor’s degree in any field, and depending on their interests and aspirations, they are able to select from two specializations: Clinical Social Worker or Advanced Generalist Social Worker. The coursework at Cleveland State University is 100% online, and students undertake 900 field practicum hours in their community. No campus residencies are required.
The family
In addition to dealing with inmates in prisons and jails, social workers also function as a support system for family members outside the prison walls. Inmates leave behind families who they have a responsibility to feed and support. Their loved ones are often left destitute as they serve their sentence in prison. Social workers have access to family details, provide them with support in terms of food aid, and connect them with resources such as housing and employment. They counsel families on how to cope emotionally and educate them on how to fend for themselves. Where community involvement is possible, social workers coordinate the family’s entry into the community.
Where children are left destitute, the social worker will coordinate foster care or more permanent adoption, according to the circumstances. Children who have been victims of abuse will be removed and adopted.
Counseling
Parolees or probationers are often resistant to structured supervision and eventually default on meeting their parole or probation requirements. Many don’t have an acceptable social structure to fall back on when leaving prison, and their behaviors and attitudes that have formed over the years are likely to reoccur without effective counseling, often resulting in a return to their old criminal habits, and rear rest.
Counseling and education should ideally take place throughout the entire period of incarceration and beyond. The development of prisoners’ self-management skills, such as decision-making, anger management and a higher level of reasoning, plays an important role in the rehabilitation process. Confronting their attitudes and behaviors and encouraging them to take responsibility for their behavior raises their self-esteem and self-awareness and is instrumental in improving their chances of rehabilitation.
Supportive counseling is also important. Inmates may suffer from anxiety, depression and other mental health issues that can lead to physical ailments. Prisoners who have known behavioral disorders are referred to psychiatric professionals for treatment, and should ideally be placed in separate sections within the correctional facility.
Psychosocial and risk assessment
Risk assessment within the criminal justice system can be used in the pretrial stage as an indication of the way forward when releasing the defendant pending adjudication or jail detention. It should also be used when determining the correct placement for new admissions to the correctional facility.
Probation and parole departments also use risk assessments when determining the level of supervision required for individuals. When effectively done, the risks to public safety are reduced, as are the incidences of rear rest and the promotion of successful rehabilitation of the prisoner.
Community-based rehabilitation
Social workers within and outside the correctional facilities work together when an offender is released. Numerous community-based facilities exist for the purposes of reducing recidivism and creating a smooth entry for the prisoner when entering society once more. Social workers in community-based programs work specifically to meet the needs of ex-prisoners, evaluating all areas of their lives and providing effective support. They pick up where the prison release social workers left off, finding housing, providing financial support, and helping to create independent living environments for their clients.
Incarceration and individual case work
Upon the incarceration of a prisoner, social workers conduct investigations into the reasons for the criminal mode of behavior and have access to details concerning the prisoner’s daily performance and progress.
Pre-release support
Once the initial counseling has been completed, or just before release from prison, the social worker will endeavor to identify possible employment options for the prisoner based on their previous experience and any training they may have received during their period of incarceration.
Aftercare for released inmates
Prisoners are offered a choice of bridging programs, which are run by the government with the aid of non-profit organizations. Released prisoners may be rehabilitated into communities under supervision, and in some states, halfway houses have been set up for ex-prisoners, mainly women, who are battling to adjust.
Substance abuse
While a large proportion of arrests and convictions arise from drug dealing, substance abuse within prisons is also very high. A large number of drug dealers are also dependent on the substances they peddle and also require rehabilitation.
Studies indicate that an estimated 65% of the prison population in the US have a substance abuse disorder (SUD), while another 20% were found to have drugs or alcohol in their systems at the time of arrest. Studies also show that being treated for SUD while still incarcerated reduces the incidence of substance abuse once the prisoner returns to society. It is also found to reduce job losses and suicide rates.
The effective treatment of inmates with SUD includes behavioral therapy, such as cognitive therapy and contingency management therapy, the use of medications in support of withdrawal from drugs, and continued monitoring, even after the inmate has been released.
Because of the large number of inmates with SUD, group therapy can be an effective way of treating the problem initially, combined with individual counseling for the more difficult cases. During group counseling sessions, social workers emphasize the importance of abstinence and the benefits of an addiction-free lifestyle. Using various techniques, they plan sessions with clear objectives, followed by role play activities that involve feedback, problem-solving, confrontation and self-disclosure.
Treatment while in prison is usually not sufficient, and continued therapy through participation in community treatment programs and close monitoring after release are important parts of the rehabilitation process. Unfortunately, this does not always happen, and non-conformance with rehabilitation programs often leads to repeat arrests.
Probation and parole
Probation is a custodial alternative to imprisonment, where the guilt has been proven but the courts have deemed it unnecessary to incarcerate the offender. The reasons for this are many: first-time offenders, age and sex considerations, or pre-existing conditions.
Parole is a system whereby prisoners are released from prison on the grounds of good conduct but have to report to a parole officer during their parole period.
In both cases, social workers provide case management and supportive services. They may also provide crisis intervention services, referrals for education or training, counseling and support for substance abuse rehabilitation services.
The need for social workers in criminal justice settings
There is currently a shortage of social workers in the criminal justice environment. Shortages of qualified social workers mean that inmates are not always receiving the support and education they need, and this results in partial rehabilitation, and a higher incidence of recidivism, placing further strain on our correctional and justice systems.
Social workers put in long hours to remedy the shortfalls within society and deserve all the support and appreciation they can get.
