Custodial Sentencing Flashcards
What is custodial sentencing?
A decision made by a court that punishment should involve time spent in prison, (incarceration). Or in some other education institution like a psychiatric hospital.
What are the reasons for this? (4)
Deterrence: designed to put off from engaging in offending behaviour, general deterrence (to society) and individual deterrence (prevent from repeating same offence). Vicarious punishment.
Incapacitation: Offender taken out of society, to protect public.
Retribution: Society is enacting revenge for for the offence by making the offender suffer, “eye for an eye”
Rehabilitation: Upon leaving prison offenders should leave better adjusted and ready to take their place in society
What are the psychological effects of custodial sentencing?
Stress and depression: suicide rates are considerably higher in prison, stress can induce risk of psychological disorders
Institutionalisation: No longer able to function on the outside
Prisonisation: Refers to the way prisoners are socialised into adopting “inmate code”, behaviour may be unacceptable in outside world and rewarded in walls of institution
What is the problem of recidivism?
Recidivism refers to reoffending, these rates tell us to what extent prison acts as an effective deterrent. 45% rate in UK, 60% in US, AUS and 20% in Norway as less emphasis on incarceration and more on rehabilitation.
What is the brief AO3 of custodial sentencing?
- Negative psychological effect on prisoners BUT, cofounding variables influence link between prison and psychological effects
- Custodial sentencing provides opportunity for training and treatment
- Offender may learn to become better offenders
What is a strength of custodial sentencing?
Custodial sentencing provides opportunity for training and treatment, their improved self character may mean they can lead a crime free life. Those who took part in a college education programme are 43% more likely to not reoffend and prisons offering these programmes report fewer incidents of violence, worthwhile experience if have access to these programmes
What is a weakness of custodial sentencing?
Bartol suggest that imprisonment can be demeaning, 119 committed suicide, 32% increase on previous year. A suicide of one every three days which is 9x higher than the general population. Oppressive prison regimes may be detrimental to psychological health which can impact rehabilitation. BUT, it does not include those who had pre-existing psychotic conditions and may explain their offending behaviour in the first place. Importation model argues we do not know if this a problem with the regime. Cofounding variables influence link between prison and number of suicides.
Offenders may learn to become better offenders, while they learn legitimate skills older offenders may teach “tricks of the trade” to younger offenders. They may also gain criminal contacts in prison which they follow up on release. This form of education may undermine attempts to rehabilitate prisoners and make reoffending more likely.
