Custodial Sentencing Flashcards
What is custodial sentencing?
Custodial sentencing involves a convicted offender spending time in prison or another closed institution such as a young offenders institute or a psychiatric hospital.
What is deterrence in custodial sentencing?
Deterrence- the unpleasant experience is supposed to out off individuals from offending in the future and works on two levels . This applies to society as a whole through GENERAL DETERRENCE and to individuals who have offended before through INDIVIDUAL DETERRENCE which will stop them reoffending.
What are the 4 aims of custodial sentencing?
Deterrence
Incapacitation
Retribution
Rehabilitation
What is incapacitation in custodial sentencing?
Incapacitation- the offender is taken out of society as a means of PROTECTING THE PUBLIC. The need for incapacitation depends upon the severity of the offence and the nature of the offender.
What is retribution in custodial sentencing ?
Retribution- Society gets revenge for the crime by causing the offender so suffer in a level proportionate to the crime they committed.
What is rehabilitation in custodial sentencing ?
Rehabilitation- Prisoners should be be able to take their place in society when released so they should be able to PROGRESS AND DEVELOP while in prison. This can occur through getting treatment for addictions, reflecting on their crimes or through receiving training. This should all mean that they should be adjusted enough to be able to succeed in society and not reoffend .
What are the 4 psychological effects if custodial sentencing ?
Research has revealed 4 psychological effects of serving time in prison:
Psychological disorders
Institutionalisation
Brutalisation
Labelling
Psychological disorders and institutionalisation as effects of custodial sentencing.
Psychological disorders- Prisons have higher incidences of mental illnesses such as depression, anxiety and low self esteem. 25% of men and 15% of women in prison reported symptoms of psychosis. oppressive regimes in prisons can TRIGGER PSYCHOLOGICAL DISORDERS.
Institutionalisation- Spending time in prison leads to a LACK IN AUTONOMY, conformity to the role of a prisoner and a DEPENDENCY ON PRISON CULTURE.
Brutalisation and labelling as effects of custodial sentencing.
Brutalisation- Prison can act as a school of crime and REINFORCES CRIMINAL LIFESTYLE AND CRIMINAL NORMS. This leads to high recidivism, 70% of young offenders reoffend within two years.
Labelling- Prisoners lose touch with social contacts and have DIFFICULTY GETTING EMPLOYED due to their criminal record and being labelled as a criminal.
Strengths of custodial sentencing.
-) Custodial sentencing can be useful, it SHOWS JUSTICE has been done and LIMITS THE DANGER to the public. Prisoners can receive training and be educated in prison so can become employed when release. Treatment programs for social skills or for anger management help offenders avoid reoffending.
Weakness of custodial sentencing
- ) suicide rates are 15% higher in prison then on average however this may be caused by prisoners with psychiatric conditions which existed before they where institutionalised.
- ) The courts need to be selective in who they send to prison. 8%-10% of prisoners commit 50% or all crimes so custodial sentencing is best reserved for these repeat offenders.
- ) Crime prevention is more effective then custodial sentencing as it avoided labelling a person asa criminal and other negative consequences of prison. Alternative sentences such as community service are more effective for low risk offenders as they keep their job and social contacts.
- ) David and Raymond found that government ministers often exaggerate the benefits of prison in order to appear tough on crime. They suggested that prison does little to deter of rehabilitate offenders but is down to appease the public as an act of retribution.
