Custodial Sentencing Flashcards
Custodial sentencing
Punishment for a crime spending time in prison or other inclosed institution
Young offenders Institute or a psychiatric hospital
Four reasons: deterrence, incapacitation, retribution, rehabilitation
1) deterrence
Unpleasant experience designed to put individual off from engaging in offending behaviour
Crime won’t be tolerated- prevents reoffending
Behaviourist idea -vicarious reinforcement
2) incapacitation
Taken out of society to prevent them from reoffending to protect the public
Depends on severity of offence
3) retribution
Revenge- get them back for what they did
Level of suffering should be proportionate to seriousness of the offence-
‘ eye for an eye’
4) rehabilitation
Prison is to reform-should leave better adjusted and ready to be back in society
Allows skill development and training and treatment as well as chance to reflect
Psychological effects of custodial sentencing
Stress and depression-suicide rates and self harm higher in prison. Stress can lead to psychological conditions
Institutionalisation -Become accustomed to the norms and routines of prison so cannot function on the outside
Prisonisation-inmate code that is unacceptable in the real world but are rewarded inside the walls
The problem of recidivism
Reoffending-Difficult to obtain clear figures
In the UK , 57% within one year of release. 45% in recent years
Vary with time, age, crime and country
Yukhnenko-US, Australia, Denmark-60%. Norway-20%
Limitation-psychological effects
Negative psychological effect on prisoners
Bartol-Imprisonment can be devastating for some offenders. 2016- 119 killed themself
Young single man almost at risk within the first 24 hours
Strength-counterpoint
Many of those convicted may have had pre-existing psychological and emotional difficulties which explains their offending in the first place
May be confounding variables
Strength-training and treatment
Rehabilitation-may become better people then lead a crime free life.
Shirley- offenders who take part in education programs are 43% less likely to reoffend
Maybe a worthwhile experience with these programs
Limitation-School for crime
May become better offenders-more experienced will teach the tricks of the trade
Makes reoffending more likely
Evaluation-the purpose of prison
Onepoll 2015-47% saw prison as being to punish the offender for the wrongdoing
Many saw prison as too soft
40% -emphasis should be on reform and rehabilitate so offenders can be effectively reintegrated back into society