Positive Psychology is the scientific study of human flourishing and how our character strengths and virtues contribute to our individual happiness and well-being as well as to the common good. Rather than the typical focus on diagnoses and disorders, Positive Psychology focuses on what gives life meaning and purpose and the practices which make living that life easier.
Positive Psychology and Sentencing Mitigation - EPIC Sentencing
Right now, over 330 million Americans are pursuing some unique vision of happiness and the good life. Most of them (of us) are not be aware of this, but 30 years of scientific research in the field of Positive Psychology supports the theory that people are motivated to be happy.
Now, this happiness is much more than a feeling or positive emotion, although that is certainly part of well-being and life satisfaction. Instead, I mean the happiness our America’s founders envisioned in the Declaration of Independence. Simply put, this elusive form of happiness results from living a meaningful life that is directed toward some transcendent purpose or goal.
What is the purpose of life, and how should we live it?
Two Big Questions which Philosophy, Theology, and now Positive Psychology have tried to answer are “What?” and “How?” because the answers provide the direction and structure for living the good life.
According to the Greek Philosopher Aristotle (c. 384 B.C. to 322 B.C.), the purpose of life is to be happy and flourish. Moreover, the way to this happy and flourishing life is by becoming a virtuous person. Furthermore, becoming virtuous requires a person repeat excellent acts until they become excellent habits (virtues), resulting in excellent character.
When we talk about how a person should act, we are discussing Ethics, a branch of Philosophy. Since Ethics is ultimately about behavior, it is helpful to think about behavior as having three interrelated parts:
ACTOR
ACTION
CONSEQUENCES
An ethical system such as Aristotle’s is known as Virtue Ethics because it focuses on the Actor and developing a virtuous character. Similarly, an ethical system primarily focused on the Action and obeying the Rules is known as Deontology. Finally, an ethical system primarily focused on the Consequences of an action is known as Consequentialism. In summary, these three ethical systems are grouped under Normative Ethics in that they address what makes behavior right or wrong.
Virtue Ethics
Virtue Ethics holds that ethical behavior is evaluated on the moral habits (virtues) which make up one’s character. The focus is on the Actor with an emphasis on who one is rather than on what one does.
Deontology
Deontology holds that ethical behavior is evaluated on how a person acts according to certain principles and rules, regardless of the outcome. The focus is on the Act itself.
Consequentialism
Consequentialism holds that ethical behavior is evaluated on whether a person’s actions lead to the best outcome. The focus is on the action with emphasis on the consequences of the action.
Positive Psychology – the Science of Happiness
About 30 years ago, a few psychologists and social scientists began looking at the ancient Greek concept of flourishing through a scientific lens, and the field of Positive Psychology was born. Dr. Martin Seligman is one of the pioneers of Positive Psychology, and I use his definition of flourishing or well-being because it is clear and comprehensive. Dr. Seligman defines flourishing and well-being as the combination of five factors which make up the acronym PERMA:
POSITIVE EMOTION
ENGAGEMENT
RELATIONSHIPS
MEANING
ACCOMPLISHMENT
Dr. Seligman and Dr. Charles Peterson, another positive psychologist, borrowed heavily from Ancient Greek Virtue Ethics and developed a classification system of twenty-four character strengths. Moreover, they grouped these character strengths under six meta-Virtue categories. Then, Dr. Seligman and Dr. Peterson researched whether practicing those character strengths contributed to flourishing, well-being, and life-satisfaction.
In summary, following the PERMA Model of Well-Being, flourishing and well-being result from using one’s character strengths, and especially one’s signature character strengths, in all areas of life.
How I Use Positive Psychology in my Practice
The common denominator between RNR and Positive Psychology is that both address behavior modification through the use of evidence-based interventions. On one hand, RNR identifies the risk factors most likely to increase the probability of future criminal behavior and addresses those factors through cognitive behavior therapy. On the other hand, Positive Psychology identifies an individual’s unique combination of character strengths and uses them to enhance life satisfaction, well-being, and intrinsic motivation.
The scientific method cannot answer every question, but Positive Psychology provides a systematic theory of human flourishing, clear definitions of terms, and evidence-based interventions which research shows increases subjective life satisfaction and well-being. Therefore, I incorporate several positive psychology interventions in both my criminal defense and sentencing mitigation practices. For example, I include exercises and interventions on optimism, gratitude, kindness, and appreciation of beauty.
The Importance of Vision
Positive Psychology correctly focuses on character strengths and virtues. However, habits are not neutral. In fact, habits are lonely and need a Vision to give them direction. If one’s vision is “excellent,” the habits that are cultivated over time will be excellent. However, an antisocial vision results in antisocial actions, habits, and, eventually, an antisocial character. In sum, our vision gives structure and direction for our habits to grow. Similarly, it fuels our intrinsic motivation to change.
I use principles and practices from Positive Psychology in my criminal defense and sentencing mitigation practice. Simply put, a happy client whose life has positive emotions, transcendence, prosocial relationships, meaning and purpose, and a sense of accomplishment is more likely to do the things necessary to avoid jail or prison.
sow a thought ...
Any hope we have of motivating offenders to change rests on this general truth: sow a thought, reap an action. In other words, if we will consistently sow a prosocial vision in defendants’ lives, we eventually will see prosocial behavior. Watered with encouragement, this behavior will become engrained. In fact, prosocial ways will begin weeding out the old ways, reducing the likelihood of future criminal behavior.
Research shows that certain criminogenic needs contribute to antisocial and criminal behavior. Criminal defense attorneys can combine the framework provided by the RNR Model of Offender Assessment and Rehabilitation with principles and practices from the field of Positive Psychology to motivate their clients to make the behavioral changes necessary to avoid jail or prison.
What are your thoughts about combining evidence-based practices from two seemingly unrelated fields? Do you believe a criminal defense attorney has any obligation to consider a client’s happiness apart from how it impacts the final outcome in the criminal case?