Custodial Sentencing Flashcards
What is meant by Recidivism?
Reoffending.
What are the psychological effects of custodial sentencing?
- Stress and depression.
- Institutionalisation.
- Prisonisation.
Why is prisonisation dangerous for inmates released into the outside world?
Prisoners may bring an ‘inmate code’ to the outside world where some behaviours acceptable in prison but not on the outside world.
What are the aims of custodial sentencing?
- Deterrence.
- Incapacitation.
- Retribution.
- Rehabilitation.
What is prisonisation?
Refers to the way prisoners are socialised into adopting an ‘inmate code’ which may be inappropriate on the outside.
What is custodial sentencing?
A judicial sentence determined by a court, where offenders are punished by serving time in prison or in another institution.
Explain the aim of deterrence:
The unpleasant experience is designed to put off the individual or society from engaging in crime.
Deterrence can be individual or general.
Explain the psychological effect of stress and depression in prisons:
Suicide, self-harm and mutilation rates are considerably higher in prison than general population, the stress of prison also increases the risk of psychological disturbance upon release.
Why is institutionalisation dangerous for inmates released into the outside world?
The prisoners are adapted to the routines of prison and cannot cope on the outside world.
What is the problem of recidivism?
- 57% of UK offenders will reoffend within a year of release.
- In 2007, 14 prisons in England and Wales reported recidivism rates over 70%.
What is general deterrence?
Aims to send a broad message to members of a given society that crime will not be tolerated.
Explain the aim of incapacitation:
Taking an offender out of society to prevent them reoffending, it is a means of protecting the public. The need for incapacitation is dependent on the severity of the offence and the nature of the offence.
Explain the aim of retribution:
Society enacting revenge on the offender by making them suffer, this should be proportionate to the crime they committed, based on the biblical notion ‘an eye for an eye’.
Explain the aim of rehabilitation:
An objective to reform offenders into civilised people with skills and training for jobs and society.
Which judicial aim is based on the biblical notion ‘an eye for an eye’?
Retribution.
AO3 - Negative affects.
Prison has been argued to increase recidivism rather than decrease it. Latessa and Lowenkamp (2006) concluded that placing low-risk offenders with high-risk offenders make it more likely that low-risk offenders will reoffend.
AO3 - Wrong thing punished.
Behaviourists say that punishment is most effective immediately, custodial sentences are not carried out immediately. An offender could even see the sentence as punishment for being caught rather than the crime itself as it may be a long time before they are reprimanded.
AO3 - Alternative methods of sentencing.
It has been suggested non-custodial sentencing, such as community sentences, are better for new or non-violent criminals. Klein (1977) suggested that cautions are more effective deterrents making them less likely to reoffend.
AO3 - Psychological disorders.
The oppressive prison system has been known to trigger psychological disorders in those vulnerable and therefore is not effective in their rehabilitation. A study by the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms indicative of psychosis.
AO3 - Individual differences.
It cannot be assumed that all offenders will respond the same way. Different prisons have different regimes, so prison experience is different for many. Therefore, it is very difficult to make general conclusions that apply to every prison and prisoner.
