Custodial sentencing

Question 1

Custodial sentencing:

Answer 1

• A judicial sentence determined by a court
  Offender is punished by serving time in a closed institution
• E.g. Prison, Psychiatric hospital

Question 2

Recidivism:

Answer 2

• Reoffending
• A tendency to relapse into a previous condition or mode of offending
• 57% reoffended within a year (Ministry of justice)
• 70% of those with mental illness reoffend despite receiving post-release care

Question 3

4 aims of custodial sentencing

Answer 3

• Deterrence
• Retribution
• Incapacitation
• Rehabilitation

Question 4

Deterrence:

Answer 4

• The unpleasant prison experience is designed to put off the individual from committing the crime
• General deterrence aims to send a broad message to members of a given society that crime won’t be tolerated
• Individual deterrence should prevent an individual from repeating the same offences

Question 5

Retribution:

Answer 5

• Society incites revenge for the actions of the criminal
• Proportionate to the seriousness of the crime
• Gives victims and families a sense of justice

Question 6

Incapacitation:

Answer 6

• Placing criminals in prison to protect the public
• Dependent on the severity of the offence (violent, sexual, unstable pose more risk)

Question 7

Rehabilitation

Answer 7

• Many see prison is to reform offenders
• After release prisoners should have better adjusted/ provision of opportunities and development of skills/ training

Question 8

Psychological effects of custodial sentencing:

Answer 8

• Deindividuation
• institutionalisation
• prisonisation
• mental health problems

Question 9

Psychological effects: Deindividuation

Answer 9

• E.g. Stanford prison experiment
• loss of identity for prisoners and guide.
• Associated with increased aggression and inhumane treatment.

Question 10

Psychological effects: Institutionalisation:

Answer 10

• After prison life, it is difficult to function may have lost friends, family, job home.
• Long term consequences of custodial sentences.

Question 11

Prisonisation:

Answer 11

• Socialisation of ‘immate code’
• rewarded for violent behaviour which is unacceptable in the outside world
• Behaviour gets worse in prisons rather than better.
• 2/3 prisoners are reconvicted within 2 years of release

Question 12

psychological effects: mental health problems:

Answer 12

• 8% develop psychosis,
• 45% develop anxiety.
• The stress of prison experience increases the risk of developing psychological disorders.

Question 13

Limitations of custodial sentencing: Cost

Answer 13

• £43,000 for each prison place for a year
• This is expensive as governments need to pay for the prisoners, maintain condition of the prison and rehabilitation programs.
• These outweigh benefits – considering the high recidivism weights
• The costs outweigh the benefits

Question 14

Limitation of custodial sentencing: Ethics

Answer 14

• Prison has negative psychological effects on prisoners
• Means that prisoners may leave with mental health issues such as psychosis
• If prison is leading to prisoners becoming suicidal it has an impact on the rehabilitation affect
• This is because offenders may be coming more unwell

Question 15

Limitation of custodial sentencing: Recidivism:

Answer 15

• Supported by the high reoffending rate among ex-prisoners
• Prison doesn’t allow for people to be set up for when they get released which leads to them reoffending

Question 16

Limitation of custodial sentencing: Prisoner role

Answer 16

• Prison is passive
• Doesn’t make people have to make changes to their behaviour
• Means that change isn’t required in custodial sentences
• Could explain high levels of recidivism

Question 17

List of limitations of custodial sentencing:

Answer 17

• Cost
• Unethical
• Prisoners passive role
• Not reducing recidivism