CUSTODIAL SENTENCING

Question 1

What is custodial sentencing?

Answer 1

When a criminal will be found guilty of a criminal act and sentenced to a period of time in prison or another criminal institution, such as a young offenders’ unit.

Question 2

What are the 4 key aims of custodial sentencing?

Answer 2

Deterrence
Incapacitation
Retribution
Rehabilitation

Question 3

Aim of Deterrence

Answer 3

To deter individuals/society from engaging in criminal behaviour.
To prevent the offender re-offending and demonstrate to society the consequences of similar actions

Question 4

Function of deterrence

Answer 4

• For the offender, it serves to prevent recidivism (reoffending) by ensuring that through the unpleasant experience of prison, offenders will be put off committing crimes.
• For society, it shows that criminal actions have consequences and ensures individuals are reluctant to commit crimes.

Question 5

What 2 levels does deterrence work on?

Answer 5

General deterrance
Individual deterrance

Question 6

general deterrence

Answer 6

message to society that crime will not be tolerated and you will be punished

Question 7

individual deterrence

Answer 7

don’t repeat your crimes or you will be punished again.
(operant conditioning- change behaviour through the use of punishments)

Question 8

Aim of Incapacitation

Answer 8

The offender is taken out of society to prevent them from reoffending and as a means of protecting the public.

Question 9

Function of incapacitation

Answer 9

• For the offender, it serves to take away the basic freedoms of the offender and punish them, in the hope that upon release they will be put off committing further crimes
• it also serves to prevent further crimes being committed in society by the offender.

Question 10

Aim of retribution

Answer 10

Society is enacting revenge on the prisoners for their crime by making them suffer. The length of the prison sentence should be proportionate to the seriousness of the crime they have commited.
- Shows society and the victim’s family that the offender has been forced to pay for their actions

Question 11

Functions of retribution

Answer 11

• For the offender, it serves to directly punish the offender for their crimes by removing their freedom
• For society, it serves to show that justice has been done and that retribution has been gained for the victim

Question 12

Aim of rehabilitation

Answer 12

Reform the prisoner (not just punish) so when they are released they can contribute to society.
Here, prisoners should be given access to rehabilitation and educational opportunities that will prevent reoffending.
Using education and treatment programmes to change offenders’ behaviour

Question 13

Functions of rehabilitation

Answer 13

• For the offender, it serves to make changes to the offender’s behaviour so they they will be less likely to commit crimes in the future
• For society, it serves to protect society from future crimes being commutted by the offender and makes them a more productive citizen.

Question 14

What are the psychological effects of custodial sentencing?

Answer 14

1. Stress and depression
2. Institutionalisation
3. Prisonisation

Question 15

Stress and depression

Answer 15

Suicide rates are considerably higher in prison that in the general population, as are incidents of self mutilation and self harm. The stress of the prison experience also increases the risk of psychological disturbance following release.

Question 16

Research support for psychological effects of custodial sentencing

Answer 16

Daniel (2006) argues that the first 30 days of an offender’s arrival in prison is the high risk period where they are most likely to attempt to take their own life. This is in line with research which identifies anxiety and depression to be at their highest at the start of a custodial sentence. Research suggests that suicide among the prison population in the UK is four times higher than in the rest of society (Dooley, 1990).

Question 17

Institutionalisation

Answer 17

– Having adapted to the norms and routines of prison life, inmates may become so accustomed to these that they are no longer able to function on the outside. This leads to a lack of autonomy, conformity to roles and a dependency culture.

Question 18

Prisonisation

Answer 18

Refers to the way in which prisoners are socialised into adopting an ‘inmate code’. Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside the walls of the institution. This can lead to brutalisation where the prison acts as a ‘school for crime’ and therefore high recidivism rates – 70% of young offenders reoffend within 2 years.

Question 19

What is recidivism?

Answer 19

Recidivism refers to reoffending and reoffending rates vary according to the type of offence committed.

Question 20

How do recidivism rates vary?

Answer 20

Statistics for recidivism vary from 57%-70%.
UK and US recidivism rates are amongst the highest in the world.
Rates are lower in Norway where there is more emphasis on rehabilitation
However, some criticise the Norwegian model as ‘soft’.

Question 21

Why does Norway have the lowest recidivism rates?

Answer 21

This is explained by the Norwegian focus on rehabilitation and skills development.