Introduction
Case management is the process of collaborating closely with clients to understand their requirements and create plans that will enable them to achieve their goals. Case management is a collaborative process of assessment, planning, facilitation, and advocacy for options and services to meet an individual's holistic needs through communication and available resources to promote high-quality, cost-effective outcomes, according to the Case Management Society of Australia. (Healey,1999). There are numerous ideas that explain why case management is important in the justice system. In order to better understand cognitive theory as a theory of case management in the context of justice, this paper discusses the unique requirements of justice clients. The relevant legislative and statutory requirements governing case management in a justice context and a critical analysis of the cognitive theory, including the merits and demerits of the theory about the justice clients.
The Role of Cognitive Theory in Case Management
According to Bandura, (2001), the cognitive theory is the theory of case management that seeks to explain human behavior by analyzing how the mind operates. The cognitive theory explains the benefits of case management in the justice context such as the improvement of coordination of services, improvement in service outcomes, increase in the empowerment of clients, increase access to services and increase in involvement in the decision making by the client. The theory is useful in the criminal justice context in many ways. First, the cognitive theory can be used by a case manager to fathom the mental stability of an individual. In the criminal justice context, for instance, one can only be charged with murder if the case before the court of law meets the threshold of ‘beyond reasonable doubt ‘ and not just threshold of probability. Cognitive theory can, therefore, be used by a detective in the justice context to find out the reason behind a suspected murder's activities.
Specific Client Needs in the Justice Context
In the justice context of case management, there are many specific client needs which must be taken into consideration by a justice case manager. These needs are the need of being represented in a case of law, the need to be heard before a trial, the need to fathom the reasons for accusations and the need for the client to be treated with respect as innocent until proven guilty. Cognitive theory explains the needs that a client has in as far as his or her psychological development is concerned. For instance, the need to be heard before trial is related to cognitive theory in that a client has the psychological need to be satisfied that his expressions are heard so as to avoid certain characters as a result of feeling undermined. A case manager must therefore insist that a client in the justice system is satisfied if a legal regress is either granted or not. The other needs are the need for the client to be represented by a legal counsel before a court of law especially if he or she cannot express himself satisfactorily, and the need by the client to properly interpret the law jargons and be sure that his or her responses are accurate. Besides, the client may want the case manager to help him or her in meeting such goals as correcting behavior for instance. The client may also need to participate in the process of case management to ensure the case management is client specific and not system specific. There could be many more client needs that may be present in case of management in the justice context. Nevertheless, case management's main principles advocate for a close interaction between the client and the case manager to ensure that the client’s needs are met. Cognitive theory helps a case manager to analyze the behaviors of clients in the justice context. In case management, cognitive theory dictates the cognitive behavior therapy mechanism that a justice case manager can use to meet the client’s needs. A cognitive behavior therapy can start by identifying the current thinking of a client, then the participatory factors leading to such thinking and finally developing an enduring pattern of events which make a client have certain behavior which may be against the law.
Legislative and Statutory Requirements in Case Management
Case management in the justice context is governed by legislative and statutory requirements. These legal and statutory requirements are there to help guide the case manager on the obligations owed to the client and other duties and responsibilities of parties in the case management plan. The general laws which apply in most workplaces include the Work Health Safety law, the Disability Discrimination Act (1992), the Age Discrimination Act (2004), the Human Rights Commission Act (1986), the Equal Opportunity and Anti Discrimination Acts and the Privacy Act (1988). There is a close relationship between cognitive theory and the above mentioned laws. The laws allows for the use of cognitive behavior therapy, a principle of the cognitive theory, to enhance the decision making of a client without the support of a case manager. For instance, the Disability Discrimination Act of 1992 makes it clear to a client his or her rights in the justice context in as far as the rights of the disabled are concerned.
Regulations in Case Management
In the justice system, there are specific regulations which apply to case management. One, the Corrections Act of 1986 which provides the practical application of laws, for instance, the Act gives the circumstances under which an individual can be reprimanded upon an allegation of a criminal offense and the rights of the offender in such a scenario. The second regulation applicable in case management in the justice environment is the Sentencing Act of 1991. In section 36 of the Act, the role of a community correction order is given as that of providing a community-based sentence that may be applied to a wide range of offending behavior. Besides, section 37 of the same Act gives three circumstances under which a court may make such an order which are; one, if the offender consents to the order, two, if the offender has been found guilty and three, if the court has received a pre-sentence report which is sufficient for the court to make such an order The Act is quite important in case of management as it directs the case manager on the best way to help the client, the Act provides that a young offender must be provided with both verbal and written information about their order and how to comply with the order noting that the young offenders are also subjected to case management. Freedom of Expression Act of 1982 is another regulation which allows a client in case management to request information from state government departments, public hospitals, universities or local councils, among other places. The Act goes ahead to mention that a client in case management has a right to access information relating o his or her personal affairs and misleading information held by an agency. Case management is also government by ten main regulations which are coined as privacy principles. These regulations relate to use, and disclosure of information, data security, unique identifiers, anonymity, transborder data flows, sensitive information, access, and correction, openness, data quality and quantity and collection of information procedure. The laws and regulations help in the case management process of screening, assessment, planning, direct service, coordination, monitoring and review, exit planning and evaluation (Merryman, J. H., & Pérez-Perdomo, R. 2007).Cognitive theory is related to the Acts in that the theory explains the relationship between the existing laws and the rights of clients in the justice system in matters case management.
The Cognitive Theory of Learning and Development
The Cognitive theory of learning and development was developed by Piaget when he had the desire to know why people behave the way they do. In as much as cognitive theory is a psychology theory, the theory fits well in case of management especially in the justice environment where people such as convicts have varying ways of behavior. Cognitive theory, as explained, focuses on how the mind functions and how the intrinsic factors integrate with the environmental factors to result in particular behavioral patterns. Piaget identified five basic concepts which could explain behavior. One, he said that behavior could be explained through observational learning in which an individual, such as a case manager, can simply observe the behavior of another person, such as a client to know why he or she has a given behavioral patterns. Two, Piaget mentioned that behavior could be as a result of self-efficacy in which behavior is modified through practice, Three, the father of the theory suggested that emotional coping can also explain certain behaviors. The other two possible explanations or concepts, as it were, for cognitive theory's explanation of behavior are the reproduction and self-regulatory capability (Lau, R. R., & Redlawsk, D. P. 2001).
Types of Cognitive Theory
There are two types of cognitive theory. One is the social cognitive theory which considers behavioral factors, extrinsic environmental factors and the intrinsic personal factors as the three main variables. The second category of cognitive theory is the cognitive behavioral theory which was developed by Aaron Beck to focus on the role of cognition on the behavioral pattern. In case of management, the cognitive theory applies the manner in which both intrinsic and extrinsic factors affect the goals of a client and how such factors can influence the process of case management.
Pros and Cons of Cognitive Theory in Case Management
The two pros of cognitive theory in case management especially in the justice environment are the practical applicability of the theory and the reliance on experiments which makes it much easier for a case manager to reach a conclusive decision. For instance, a case manager can use the cognitive theory to analyze the level of knowhow a client, convict, has as regards the offenses he or she has committed or has been accused to have committed. However, the cognitive theory has cons which may negatively impact the justice environment such as ignoring the observable behavior and over concentrating on the mind of a client which could be misleading.
Conclusion
Case management in the justice environment is important as it enables the clients’ needs to be met following the laws and regulations outlined to guide the process. A case manager should be cognizant of the theories of case management that can enable him or her achieve the goals of the case management plan such as the cognitive theory as outlined. Of all the theories, the cognitive theory is the most related to case management in the justice system in that the theory delves deeper into how judicial decisions are influenced by the state of mind of the judicial officers involved in the decisions such as advocates, lawyers or judges.
References
Bandura, A. (2001). Social cognitive theory: An agentic perspective. Annual review of psychology, 52(1), 1-26.
Healey, K. M. (1999). Case management in the criminal justice system (Vol. 2, No. 2). Washington, DC: US Department of Justice, Office of Justice Programs, National Institute of Justice.
Lau, R. R., & Redlawsk, D. P. (2001). Advantages and disadvantages of cognitive heuristics in political decision making. American Journal of Political Science, 951-971.
Merryman, J. H., & Pérez-Perdomo, R. (2007). The civil law tradition: an introduction to the legal systems of Europe and Latin America. Stanford University Press.
