Custodial Sentencing Flashcards
custodial sentencing
criminal found guilty of criminal act and sentenced to period of time in prison or another criminal institution
aims of criminal sentencing
incapacitation, rehabilitation, retribution, deterrence
incapacitation
take away basic freedoms to punish them and protect society
rehabilitation
- changes offender behaviour through education programmes - less likely to reoffend, protect society, more productive citizen
retribution
direct punishment, shows justice done/gained for the victim
deterrence
- individual - deter offender
- general - deter population
- unpleasant experience prevents reoffend, shows actions have consequences, prevents others in society committing crimes
psychological effects of custodial sentencing
- stress and depression (including self harm and suicide)
- institutionalisation
- overcrowding and lack of privacy
- deindividuation
- effects on family
- labelling
- positive effects - rehab, remorse, treatment
up to date data for custodial sentencing:
- 2024 reoffend rate: 46%
- costs: £4.5 billion per year
- prison population doubled in the last 30 years
- sentencing delays due to COVID, shortage of facilities and staff - led to early release initiative for non-violent/sexual crimes
counter-PEEL
Research support for psych effects
- prison reform trust: 25% prisoners experience psychosis
- CS more detrimental than positive for offenders
Difficult to assess extent of damage
- no data collected on mental health issues before custody
- possible confounding variables contributing to data on psych effects
strengths of CS
Aim to Rehabilitate
- Shirley: offenders who do college ed programmes 43% less likely to reoffend
- gives opportunities they otherwise wouldn’t have had, and tools to make positive changes when released
limitations of CS
criminals learn more skills in prison
- Sutherland’s DAT
- others learned from more seasoned criminals better ways to commit and avoid capture, increasing recidivism
