Custodial Sentencing

Question 1

Aims of custodial sentencing

Answer 1

• deterrence
• incapacitation
• atone for wrongdoing (retribution)
• rehabilitation

Question 2

1. Deter people from committing a crime

Answer 2

• Deterrence is based on operant conditioning.
  Punishment: the unpleasant experience of the prison is designed to put people off (individual deterrence)
• it also sends the message to whole societies that crime will not be tolerated.

Question 3

2. Incapacitation:

Answer 3

• putting criminals is necessary to protect the public (e.g psychopaths, murderers)

Question 4

3. Retribution (atone for wrongdoing):

Answer 4

The victim/victim’s family and friends need to feel a sense of justice for wrongdoings. The offender should be seen to ‘pay’ in some way. Level of suffering depends on the severity of crime.

Question 5

4. Rehabilitation:

Answer 5

The only way to prevent criminal behaviour is to educate or give therapy. Being in prison ensures this is participated in as they will learn new skills and access treatment.

Question 6

Psychological effects

Answer 6

• stress, depression and suicide. Single, young men in the first 24 hours are most at risk.
• brutalisation: prison gangs, acts as a school for crime which could explain the high recidivism rates. Approx 70% young offenders reoffend in the first year.
• institutionalisation: loss of ability to function in real world, outside of prison due to change in routine and norms.

Question 7

AO3 strengths

Answer 7

+ prison is an excellent opportunity to become more educated as you are there 24/7 so have ample opportunity to self-improve. This is shown in the statistics that shows that offenders who take part in college level education and higher in prison are 43% less likely to reoffend due to an increase in job opportunities.

Question 8

AO3 weaknesses

Answer 8

• de-individualisation is a serious effect of prison time, as demonstrated in Zimbardo’s Stanford prison experiment where prisoner uniform and treatment may lead to a loss of identity, leading to increased aggression and treating people in humanely.
• High recidivism rates (45%, compared to 20% in Norway which is due to Norway having better education, freedom and living quality within their prisons.
• As linked to differential association, prison is a pro-crime community which essentially acts as a school for learning new methods, motives and criminal abilities, leading to higher reoffending rates and a reduced likelihood of getting caught. Gang affiliation id also a problem as it gives protection on the inside but affiliation occurs on the outside in return for jobs being done.