Custodial sentencing Flashcards
State the 4 aims of sending offenders to prisons:
Rehabilitation
Deterrence
Retribution
Incapacitation
Define deterrance:
Unpleasant prison experience designed to put people off engaging in offending behaviour.
General –> message to public crime ≠ tolerated.
Individual –> prevent individual from offending based on their experience
Define incapacitation:
Individual removed from society to repvent reoffending + protect public.
Explains why more violent crimes = custodial sentencing.
Define retribution:
Society enacting revenge for the crime + make offender suffer
Define rehabilitation:
Prisons should reform individuals + reppare them for life outside prisons
Providing them opportunities to develop skills/trianing + reflect on crime + receive addiction treatment
What is recidivism?
Reoffending after conviction
Ministry of Justice research (2013) = 57% of UK offenders will reoffend within a year of release
2007, 14 prisons reported reoffending rate of 70% over 5 years
UK + US = some of highest rates of recidivism.
What are the effects of prisons?
Stress + depression
Evidenced by higher rates of self harm + psychological disturbance (psychosis) among (ex)prisoners
prison reform trust: 25% males 15% females reported psychosis in prison.
Prevent rehabilitation
Define instituationalisation:
Prisoner becomes accustomed to norms in prison .: struggle to function outside
Define prisonisation:
Prisoners can be socialised into adopting ‘inmate code’ + behaviours that would be unacceptable outisde many be encouraged + rewarded inside.
What are the issues of recidivsm?
Difficult to obtain clear figure for recidivism rates
Yukhnenko et al (2019): reoffedning rates within 1 year = 45% based on Ministry of Justice figures.
Evaluation of custodial sentencing:
Psychological effects.
-ve effect on prisoners.
Bartol (1995): suggested that imprisonment = ‘brutal, demeaning + generally devasting’
119 💀 in prison –> increase of 32% from previous year.
9x higher than normal pop
Most at risk = young single men
Prison reform trust study.
Suggests oppressive prison regimes = detrimental to psychological health.
COUNTERPOINT:
Figures in Prison reform trust study do not include number of inmates already experiencing psychotic symptoms b4 incarceration.
Many = pre-existing psychological + emotional difficultes at time they were convicted
Importation model = prisoners may import some psychological problems
Suggests there are confounding variables between prison + psychological effects.
Evaluation of custodial sentencing:
Training + treatment
Strength.
Objective of imprisonment = rehabilitation.
Offenders may become better people during time in prison.
–> able to lead crime free life in society.
Access education –> find employment after release.
Shirely (2019) = claims offedners who take part in college programmes 43% less likely to reoffend following release
–> prisons who offer this = fewer incidents of violence
–> Norway 20% recidivism rate
School for crime?
Offenders learn to become better offenders
May undergo more dubious ‘education’ as part of their sentence.
Incarceration with long-time offenders = younger inmates given opportunity to learn from more experienced prisoners
Acquire criminal contacts
Undermines attemots to rehabilitate prisoners –> make reoffending more likely.