Document Type : Original Article from Result of Thesis
Authors
1 PhD. of Student in Criminal Law and Criminology, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 Assistant Prof. at Law Department, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
3 Assistant Prof. at Law Department, Faculty of Humanities,, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
4 Assistant Prof. at Nursing, Department Rasht Branch, Islamic Azad University, Rasht, Iran.
Abstract
Highlights
Introduction
Penal institutions are places of distress and suffering that reflect the more extensive consequences of crime and punishment in human society. The growing number of inmates, overcrowded and limited spaces, lack of health care, and stress are among the conditions that make a prison one of the most challenging environments for providing health care.
The effects of imprisonment go beyond the prison walls and affect the health of inmates’ families as well. Most inmates, who return to society with new health problems, are considered a threat to society. Therefore, providing support and treatment for this vulnerable group is a must. As a result of inmates’ complaints and their demands for receiving professional health services, nurses have become the front-liners in the provision of these health services.
Forensic nursing is a clinical specialty that has been designed to address the health problems of society caused by the increase in the occurrence of violence. As a combination of forensic sciences, health care, and criminal justice, this concept came to the fore in response to the common concern for the conditions of victims, the accused, and their families.
To elaborate on the necessity of using the services provided by forensic nurses in the penal institutions of Iran, it should be noted that despite the recognition of the right to health of the inmates in the criminal justice system, the access of detained or imprisoned people to medical care is practically less than that stipulated in the related laws and regulations. Considering the expansion of penal institutions and the obstacles in meeting inmates’ health needs, the provision of health services for them obviously requires an investigation into the experiences of other countries in an effort to be acquainted with new and effective solutions. This study aims to analyze and explain the role and position of forensic nurses in the penal institutions of Canada and the US. The research hypothesis is that the position of forensic nursing in Iran's criminal justice system is structurally and institutionally different from those of Canada and the US.
Research Methodology
In this study, a descriptive-analytical method was adopted to analyze the research hypothesis by reviewing documents and library sources.
Results and Discussion
The right to health is one of the fundamental human rights. Apart from the right to be healthy, it also embraces freedoms and entitlements, which on the one hand entitles people to demand it, and on the other hand, makes governments responsible for the fulfillment of the obligations arising therefrom. Considering the substantial expansion of penal institutions intensifying unfavorable health conditions, and due to the recognition of the right to health among the fundamental human rights in international documents and domestic laws, the provision of health care is considered one of the duties of governments.
Forensic nursing is the combined application of nursing science and forensic processes. In other words, it means using the forensic aspects of health care along with biological, psychological, and social education of nursing in the process of scientific research, trauma treatment or death of victims, and perpetrators of misconduct, violence, accidents, and criminal activities. Forensic nurses adopt a multidisciplinary approach to the management of criminals. This approach covers the areas of care, treatment, rehabilitation, and management of people who have violated criminal laws or are at a high level of risk.
Restorative justice is a process in which the people involved in criminal incidents come together to think about the effects and outcomes of criminal acts and the future of victims, criminals, and the society after the commitment of crime to compensate for victims, to repair the relationship between offenders and victims, to correct the offenders’ behavior, and to safeguard the interests of society.
Prison is an environment that prisoners need adaptation to it because they get disconnected from family and support systems. Prisoners should quickly identify the power structures in the prison so that they do not become victims of abuse. Forensic nurses can empower criminals by teaching self-care strategies, anger management, coping strategies, and health promotion. They can also help create a safe environment and develop and implement plans to reduce violence grounds through consulting, advocating human rights, conducting forensic examinations, preparing accurate and impartial documentation, providing nursing care, health education, encouraging criminals to self-care, and cooperating in developing protocols in accordance with ethical standards.
In the transitioning of offenders to the community, forensic nurses act as liaisons, providing the necessary services and support for offenders to successfully re-enter the community. Helping convicts return to the community is considered a great challenge, and forensic nurses can help inmates break the cycle of recidivism successfully.
Conclusion
Reviewing the experiences of some countries, e.g., Canada and the US, revealed that they used forensic nurses to provide health services for inmates. In interaction with criminal justice institutions, these nurses can take an effective step in establishing health justice and better welfare for prisoners, their families, and communities while mitigating the adverse physical and psychological outcomes of imprisonment. One of the outstanding roles of forensic nursing is seen in the specialty of correctional nursing. This role is considered outstanding due to the distinct type of population that these nurses care for, i.e., criminals vs. victims. This feature emphasizes the position of this category of nurses in the justice system. Correctional nursing is a unique specialty that includes broad dimensions in both health and correction and places nurses on the border of nursing and guardianship. They provide their services for patients who are in a state of absolute helplessness and suffer from numerous health problems. All these services are provided in a secure environment under the strict supervision of legal and law enforcement authorities along with other restrictions that affect the welfare of inmates.
There is an increasing need to provide legal nursing services in Iran. However, unfortunately, the scope of nurses’ performance in the criminal justice system has been limited so far, something which has not received due attention. If the authorities would like prisons to become healthier environments, they should follow the countries that have already taken this path and thought of measures to solve this problem. They should localize these measures considering cultural, economic, social, and political differences. Evidently, the position of legal nurses in the criminal justice system should be determined first so that they can play their professional role in correctional environments. Nevertheless, this will not be possible without updating the relevant laws.
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