Custodial sentencing Flashcards
Custodial sentencing
Decision made by court the punishment for a crime should involve time being in custody
What are the 4 aims of custodial sentencing
- Deterrence
- Incapacitation
- Retribution
- Rehabilitation
Deterrence
Prison is designed to put off the individual from engaging in criminal behaviour
Incapacitation
Taken out of the public domain to protect the general public. The need for incapacitation is likely to depend on severity of offence and the nature of the offender
Retribution
Society is enacting revenge for the crime making the offender suffer and the level of suffering should be proportionate to the seriousness of the crime and to pay for their actions
Rehabilitation
Many see the use of prisons to not solely punish, but to reform. Providing opportunities to develop skills
What are the 3 psychological effects of custodial sentencing
- Stress and depression
- Institutionalisation
- Prisonisation
Stress and depression
- High suicide rates, mutation and self harm
- Stress of prison also increases the risk of developing psych disorders on release
Institutionalisation
- The individuals take on the norms and routines of prison life
- They may be unable to function ‘in the real world’ when released
Prisonisation
- Inmate code
- Behaviour considered unacceptable in the real world may be encouraged and rewarded in prison
Recidivism
- Reoffending
- A tendency to relapse into previous conviction or made of behaviour
The problem of recidivism
Offenders talk others and so can improve their methods and therefore prevents them getting caught when they re-offend
Custodial sentencing evaluation points- Psychological effects
LIMITATION
Prison is demeaning (Bartol), suicides 9 times the norm, 25% women and 15% men have psychosis
Custodial sentencing evaluation points- Psychological effects counterpoint
LIMITATION
Offenders may have had pre-existing psychological difficulties
Custodial sentencing evaluation points- Training and treatment
STRENGTH
Offenders who take part in education are 43% less likely to reoffend (Shirley)