Custodial Sentencing Flashcards
What is custodial sentencing
Court requires offender to be held in prison or another closed institution
What are the 4 aims of custodial sentencing
Deterrence
Incapacitation
Retribution
Rehabilitation
What is deterrence
Unpleasant environment aims to put people off from committing crime/reoffending
What is incapacitation
Offender is taken away from society to protect the public
What is retribution
Offender is punished to gain revenge and make them pay for their actions
What is rehabilitation
Helping reform the criminal and return them to society as a normal person
What are the 4 psychological effects of custodial sentencing
Stress and Depression
Overcrowding/lack of privacy
Institutionalisation
Effects on family
What is the stress and depression psychological effect
Environment causes high suicide rates in prison compared to the public
Stress can cause psychological disturbance leading to reoffending when released
What is the overcrowding and lack of privacy psychological effect
Cells for 1 often occupied by 2+
Can disturb psychological state leading to aggression, stress etc
What is the institutionalisation psychological effect
Inmate becomes used to prison norms/values and can’t function in society
What is the effects on family psychological effect
Children with a parent in prison can be affected financially/psychologically
Evaluate custodial sentencing
May not be appropriate - Bartol - Suicide rates are 15x higher in prison compared to the public(Stress and depression)
Allows for reflection and improvement - many prisons offer education, training etc increasing employment chance after prison(reduces institutionalisation) Counter - people may sign up only for incentives e.g. leaving cell
Prison can become a place to learn new crimes - Sutherland’s differential association theory suggests the prison environment would allow offenders to exchange info on different crimes(pro criminal attitudes shared)
Nomothetic approach
