5.9. Custodial Sentencing Flashcards
Aims of custodial sentencing
- To deter people
- Incapacitation
- Atone for wrongdoing:retribution
- Rehabilitation
To deter people:
Based on operant conditioning - punishment and removed freedom
Incapacitation
Put violent offenders in prison to protect the public
Atone for wrongdoing:retribution
- Justice needs to be seen to have being done
- The perpetrator needs to suffer based on the severity of offence
Rehabilitation
- Re educate criminals (unlearn and relearn correct behaviour
- They’re in an institution- perfect opportunity to re-educate
Psychological effects: stress
- Stress, depression and anxiety as well as self harm are a lot higher than the general population
Psychological effects: brutalisation
Brutalisation is high in prisons, housing a lot of pro-crime people in prisons enforces a pro-crime lifestyle.
Psychological effects: institutionalisation
Criminals become institutionalised where they might find it hard to function after being released.
Psychological effects: de-individualisation
Loss of identity can lead to depression, self harm and even at risk of suicide.
Recidivism:
45% of offenders re-offend within 1 yr of being released - questions the effectiveness of prison
Strength: education
- Offenders that take part in college level education and higher are 43% less likely to re-offend
- Due to an increase in job opportunities
Strength: opportunities
- Prison is an excellent opportunity to educate people as they are there 24/7
- Present many opportunities
Weakness: differential association
- Housing criminals in a pro-crime community, people will pick up new methods and techniques to commit crime.
- Gang affiliation presents problems, give protection on the inside, but the affiliation continues on the outside in return for ‘jobs’ being done.
Weakness: principles
- The principles of behaviour are not being applied correctly
- Punishment needs to be immediate to be effective
- It can take months/ years to be sentenced sometimes
- Therefore, they’re being punished for being caught