10. custodial sentencing Flashcards
custodial sentencing involves a convicted offender
spending time in prison or another closed institution.
There are 4 main reasons for doing this:
- DETERRENCE
- INCAPACITATION
- RETRIBUTION
- REHABILITATION
what is DETERRENCE?
The unpleasant prison experience is designed to put off the individual from engaging in offending behaviour.
deterrence works on 2 levels:
GENERAL DETERRENCE – sends a broad message to members of a society that crime will not be tolerated.
INDIVIDUAL DETERRENCE – prevents the offender from repeating the same offences.
deterrence is based on
the behaviourist idea of conditioning through direct and vicarious punishment.
what is INCAPACITATION
The offender is taken out of society to prevent them from reoffending as a means of protecting the public.
what is RETRIBUTION
Society is enacting revenge for the offence by making the offender suffer, proportional to the seriousness of their crime – the offender should pay for their actions. Many people see prison as the best possible option.
The need for incapacitation depends on
the severity of the offence and the nature of the offender.
3 PSYCHOLOGICAL EFFECTS OF CUSTODIAL SENTENCING?
STRESS AND DEPRESSION
INSTITUTIONALISATION
PRISONISATION
what is REHABILITATION
Many people see the aim of prison as to reform rather than purely punish.
Upon release, offenders should leave better adjusted and ready to take their place back in society. Prison programmes should provide opportunities to develop skills, training, and access to treatment programmes, as well as to give the offender the chance to reflect on their offence.
STRESS AND DEPRESSION
suicide rates are considerably higher in prison than in the general population, as are incidents of self-harm. The stress of prison experience also increases the risk of developing psychological disorders.
INSTITUTIONALISATION
having adapted to the norms and routines of prison life, inmates may become so accustomed that they are no longer able to function on the outside.
PRISONISATION
refers to the way in which prisoners are socialised into adopting an inmate code. Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside the walls of the institution.
THE PROBLEM OF RECIDIVISM - what is it?
compare to other countries
Refers to reoffending. Recidivism rates in ex-prisoners tell us to what extent prison is effective. It has been around 45% in the UK, 60% in the US and 20% in Norway, where there is less emphasis on incarceration and greater emphasis on rehabilitation compared to elsewhere.
AO3: strength of custodial sentencing?
TRAINING AND TREATMENT - vera institute of justice
Custodial sentencing provides opportunity for training and treatment.
One objective of imprisonment is rehabilitation – offenders may become better people during their time in prison, and their improved character means they may be able to lead a crime-free life back in society. Many offenders access education and training whilst in prison, increasing the possibility they will find employment upon release. The Vera Institute of Justice claims that offenders who take part in college education programmes report fewer incidences of violence.
This suggests prison may be a worthwhile experience assuming offenders are able to access these programmes.
AO3: limitation of custodial sentencing?
PSYCHOLOGICAL EFFECTS - ministry of justice
Custodial sentencing has negative psychological effects on prisoners.
Bartol has suggested that, for many offenders, imprisonment can be brutal, demeaning and devastating. According to the Ministry of Justice, a record of 199 people killed themselves in prisons in England and Wales in 2016 – an increase of 32% on the previous year. This is 9 times higher than the general population. Most at risk are young single men during the first 24 hours of confinement. A study found 25% of women and 15% of men in prison also reported symptoms of psychosis.
This supports the view that oppressive prison regimes may be detrimental to psychological health which could impact rehabilitation.
AO3: limitation of custodial sentencing?
SCHOOL FOR CRIME
Custodial sentencing may result in offenders learning to become better offenders.
Alongside legitimate skills that offenders may acquire during their time in prison, they may also undergo a more dubious education. Incarceration with long term offenders may give younger inmates the opportunity to learn new tricks from more experienced offenders. Offenders may also acquire criminal contacts whilst in prison that they may follow up when they are released.
This form of education may undermine attempts to rehabilitate prisoners and consequently make reoffending more likely.
