Custodial sentencing

Question 1

What is custodial sentencing?

Answer 1

• When an offender is found guilty in court they are sent to prison.

Question 2

What is the purpose of custodial sentencing? (4 factors)

Answer 2

• Retribution (punishment).
• Deterrence.
• Rehabilitation.
• Incapacitation (confinement).

Question 3

What is retribution?

Answer 3

The offender will receive a punishment that will reflect the seriousness of the crime and the level of moral fault (loss of liberties).
- Also about society exacting their revenge/ getting their own back.

Question 4

What is deterrence?

Answer 4

• To discourage other people from committing a crime.

Question 5

What are the two types of deterrence?

Answer 5

• Individual deterrence.
• General deterrence.

Question 6

What is individual deterrence?

Answer 6

• Is to stop the criminal committing the same crime in the future.

Question 7

What is general deterrence?

Answer 7

• Aims to deter the rest of the population from committing the same crime.

Question 8

What is rehabilitation?

Answer 8

• To cure the offender from their deviance (e.g. drug treatments etc.), counselling and therapy sessions are needed for this.

Question 9

What is incapacitation?

Answer 9

• Serious offenders, such as those who commit murder or rape, should be put in prison for the protection of the rest of society.

Question 10

Do prisons work?

Answer 10

• In 2007 there were 92 suicides.
• 80-90% of inmates have some mental health problems.
• It is the ‘home’ of the unskilled and the excluded.

Question 11

Evaluation of custodial sentencing (1)

Answer 11

• Appears that deterrence and rehabilitation are not fulfilled by custodial sentencing as reoffending rates are high.
• This suggests that a different approach is needed in order to prevent reoffending behaviour.
• For example in Norway recidivism rate is only 20 percent (worlds lowest), whereas in places such as America recidivism rates are around 75%.
• Therefore it may be of more benefit to adopt a prison system such as the one in Norway and use it as a template for custodial sentencing around the world.

Question 12

Evaluation of custodial sentencing (2)

Answer 12

• The idea that prison serves the rehabilitation is also questionable as it is seen as a potential source of information on how to commit crimes with more skill.
• This means that it possibly has the opposite effect to rehabilitation.
• If criminals think they are more skilled to carry out a crime and get away with it, then crime rates might increase.
• In turn recidivism rates would also dramatically increase.

Question 13

Evaluation of custodial sentencing (3)

Answer 13

• Retribution and confinement are argued to be the main reasons we have prisons in society. They are not seen as a deterrent by some prisoners and so the focus of custodial sentencing moves to fulfilling the needs of the victim and society.
• They ensure that the offender cannot commit more crime whilst they are incarcerated, and therefore custodial sentencing protects society.