Custodial sentencing Flashcards
What is custodial sentencing?
When an offender is found guilty in court they are sent to prison
What are the purposes of custodial sentencing?
Retribution (punishment)
Deterrence
Rehabilitation
Incapacitation (confinement)
What is retribution?
The offender will receive a punishment that will reflect the seriousness of crime and the level of moral fault (loss of liberties
→ Also about society exacting their revenge/getting their own back
What is deterrence?
To discourage other people from committing a crime
What are the 2 types of deterrence?
Individual deterrence and general deterrence
What is individual deterrence?
To stop the criminal committing the same crime in the future
What is general deterrence?
Aims to deter the rest of the population from committing the same crime
What is rehabilitation?
To cure the offender from their deviance (e.g. drug treatments etc), counselling and therapy sessions are needed for this
What is incapacitation?
Serious offenders, such as those who commit murder or rape, should be put in prison for the protection of the rest of society
What do recidivism rates indicate about prisons?
Prisons do not deter - approximately 70% of young male offenders re-offend within 2 years
Do prisons work?
- In 2007 there were 92 suicides.
- 80-90% of inmates have some mental health problem.
- It is the ‘home’ of the unskilled and the excluded
What are the psychological effects of custodial sentencing?
- Mental health issues: involves problems such as anxiety, depression etc.
- The stress of the prison experience increases the risk of developing psychological disorders following release.
What is the evidence for psychological effects of custodial sentencing?
The Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported signs of psychosis, supporting that custodial sentencing causes stress and depression and suggesting that it may not be suitable for psychologically vulnerable individuals
What is prisonisation?
Where prisoners are socialised into adopting the ‘inmate code’. This behaviour may be considered unacceptable in the outside world, whereas it may be encouraged and rewarded inside the walls of the institution