Custodial sentencing Flashcards
What are the 4 aims of custodial sentencing?
- Deterrence
- Incapacitation
- Retribution
- Rehabilitation
What is custodial sentencing?
involves a convicted offender spending time in prison or another closed institution, such as a young offenders institute or psychiatric hospital.
What is deterrence in custodial sentencing?
The unpleasant prison experience is designed to deter an individual from engaging in offending behaviour in the future. It works on two levels.
What two levels does deterrence work on?
General and Individual
General deterrence
aims to send a broad message to members of a society that crime will not be tolerated
Individual Deterrence
should prevent the individual from repeating the same crime
What is Incapacitation in custodial sentencing?
The offender is taken out of society to prevent them from reoffending as a means of protecting the public. The need for incapacitation depends upon the severity of the offence and the nature of the offender.
What is retribution in custodial sentencing?
Society is enacting revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the crime.
What is rehabilitation in custodial sentencing?
Prisoners should be better adjusted and ready to take their place in society. Prison should provide opportunities to develop skills, receive training or to access treatment programs for addiction, as well as receive counselling and have an opportunity to reflect on their crime
What are the 4 psychological effects of custodial sentencing?
- Psychological disorders
- Institutionalisation
- Brutalisation
- Labelling
How can psychological disorders occur from spending time in prison?
They have higher incidences of mental illnesses such as depression, anxiety, self-harm, suicide, and low self-esteem
What did the Prison Reform Trust (2014) find about psychological disorders resulting from serving time in prison?
found that 25% of women and 15% of men in prison reported symptoms of psychosis. The oppressive prison regime can trigger psychological disorders.
What is institutionalisation as a result of serving time in prison?
Spending time in prison leads to a lack of autonomy, conformity to the role of prisoner and a dependency on prison culture.
What is brutalisation as a result of serving time in prison?
Prison acts as a school for crime and reinforces criminal lifestyle and criminal norms. This leads to high recidivism, 70% of young offenders re-offend within two years.
What is labelling as a result of serving time in prison?
Prisoners often lose touch with previous social contacts and find it difficult to gain employment because they are labelled as a criminal. This will contribute to an increased likelihood of recidivism.
What is the advantage of custodial sentencing?
Custodial sentencing can be useful. It shows that justice has been done and limits the danger to the public. Many prisoners access education and training whilst in prison, increasing the chance they will find employment upon release.
What are the disadvantages of custodial sentencing?
- Suicide rates
- Courts need to be selective
- Crime prevention is more effective
- Benefits of prison are exaggerated
What are the suicide rates in relation to custodial sentencing?
Suicide rates are 15% higher in the prison population. However, it is difficult to demonstrate that psychological disorders are caused by imprisonment. Prisoners with psychiatric conditions may have had problems before they were institutionalised.
Why do courts need to be selective about who they send to prison
Peterson (1981) found that 8-10% of criminals commit 50% of all crimes. Custodial sentencing is best reserved for these repeat offenders.
Why is crime prevention more effective than custodial sentencing
Harrower (2001) found that it avoids labelling a person as a criminal and also avoids the negative consequences of prison.
How was it found that the benefits of custodial sentencing are exaggerated by the government?
David and Raymond (2000) concluded that government ministers exaggerate the benefits of prison in order to appear tough on crime. In reality, prison does little to deter or rehabilitate offenders. It is done to appease the public or as an act of retribution.
