9. custodial sentencing

Question 1

what are the four aims of custodial sentencing

Answer 1

deterrence
incapacitation
retribution
rehabilitation

Question 2

what is deterrence

Answer 2

general deterrence = society does not tolerate that crime and sends a broad message.

individual deterrence = should prevent an individual from repeating a crime in light of their experience.

Question 3

what is incapacitation

Answer 3

the offender is taken out of society to prevent them from committing more crime.

the sentence depends on the crime and more incapacitation for more serious crimes like murder.

Question 4

what is retribution

Answer 4

society is enacting revenge for the crime by making the offender suffer. the level of suffering should be proportionate to the crime committed based on the biblical notion ‘an eye for an eye’.

Question 5

what is rehabilitation

Answer 5

some believe the main aim of prison should not be purely to punish but to rehabilitate offenders. they should leave prison better adjusted and able to take their place back in society.

Question 6

what are the four negative psychological effects of imprisonment

Answer 6

depression
self harm and suicide
psychotic disorders
anxiety

Question 7

what research is there for depression as an effect of custodial sentencing

Answer 7

one of the most common psychological problems experienced by prisoners. the loneliness and boredom inherent in the prison system exposes this vulnerability and a large body of research shows that depression and anxiety are much more common in prison than in the general population.

researchers conducted a longitudinal study of prisoners. found = while anxiety and depression is high at the start of a sentence it does decrease over time.

Question 8

what research is there for self harm and suicide as an effect of custodial sentencing

Answer 8

daniel (2006) argues that the first 30 days of an offenders arrival in prison is the high risk period where they are most likely to attempt to take their own life.

snow (2006) said that there are identifiable differences in prisoners who engage in such behaviour, with those who attempt suicide being more passive (withdrawal from others and depression) while prisoners who self harm showing active behaviour (stress and anger) = highlights that the two types of prisoner are very different and therefore require different responses to help them through.

Question 9

what research is there for psychotic disorders as an effect of custodial sentencing

Answer 9

one researcher found among a population of scottish inmates = increased signs of psychotic symptoms such as hallucinations and delusions.

another researcher found evidence of psychotic ideation among 50% of a sample of german prisoners.

Question 10

what research is there for anxiety as an effect of custodial sentencing

Answer 10

disorders such as post traumatic stress disorder (PTSD) have also been suggested among prison populations.

for example kruppa argues that offenders imprisoned for serious crimes may experience flashbacks and anxiety as a result. arguably the prison environment gives them greater chance to reflect on what they have done leading to increased psychological problems.

Question 11

what is institutionalisation

Answer 11

having adapted to the customs of prison life offenders find it difficult to function outside of prison.

Question 12

what is prisonisation

Answer 12

refers to the way inmates are socialised into adopting an inmate code.

behaviour that may considered unacceptable in the outside world may be encouraged and rewarded in prison.

Question 13

what evidence is there to support the psychological effects of custodial sentencing

Answer 13

bartol (1995) suggested imprisonment was brutal where suicide rates are 15 times higher than in the general population.

also 25% of women and 15% of men suffer psychological disorders triggered in prison = suggests custodial sentencing is not effective as rehabilitation - particularly not for the vulnerable.

Question 14

what does individual differences effect custodial sentencing

Answer 14

prisons run on different regimes so this could affect the experience.

the lengths of time in prison affects the inmate as well and the number of times previously incarcerated.

those convicted could have underling mental illness and emotional difficulties.

= generalisations cannot be made.

Question 15

how does custodial sentencing create opportunities for training in prison

Answer 15

the rehabilitation model is based on the argument that by training individuals during prison they become better citizens after. education programs, anger management programs and social skills training can all help.

however not all prisons have the resources to provide all of these.

Question 16

what alternatives are there to custodial sentencing

Answer 16

prison can do very little to alter behaviour and rehabilitate so restorative justice and community service can offer better rehabilitation.

Question 17

how does causality weaken the effects of custodial sentencing

Answer 17

estimated that 70% of the prison population have a mental health condition of some description - although it is difficult to tell if they have suffered from it previously or if it has developed since being in prison. therefore the data is somewhat flawed. this is important as it would help researchers to ascertain how serious the psychological effects of imprisonment are.

Question 18

what are the problems with research into prisons

Answer 18

it is seldom carried out and therefore is difficult to replicate and thus rarely done.

for example blackburn pointed out that very few studies have been carried out into the emotional well being of prisoners which is perhaps down to societal prejudice towards criminals.

this is important because without such data it is difficult to know whether inmates should be offered psychological help and support which in turn might help in their rehabilitation and reduce recidivism.

Question 19

what are the problems of recidivism

Answer 19

recidivism refers to reoffending. stats produced by the minister of justice in 2013 suggests 57% of UK offenders go on to reoffend a year after release.

in 2007 fourteen prisons in the UK reported that up to 70% reoffended.

although rates vary the UK and US have some of the highest levels of recidivism in the world. this is contrasted to norway where their rates are less than half of the UK - the norwegian prisons emphasise rehabilitation more than the UK and skill development and are more open. however some criticise them for being the soft option and does not punish inmates.