Custodial sentencing and recidivism Flashcards
Custodial sentence
where a convicted
offender spends some amount of time in
prison or another closed institution
Four aims of prison
- deterrence
- incapacitation
- retribution
- rehabilitation
Deterrence
the unpleasant experience of prison is designed to put people off committing crimes
Incapacitation
the offender is placed in
prison so that the public is no longer at risk.
- the need for incapacitation will depend on the crime.
Retribution
the offender is imprisoned to punish them and the level of suffering should
be proportionate to their crime
- Based on the
biblical notion of an ‘eye for an eye’
Rehabilitation
the aim is to reform and
offenders should leave prison ready to
contribute to society in a positive way
- education, training and therapy are
important.
Psychological effects of prison
- stress and depression (self-mutilation and self-harm are higher than in general population)
- institutionalisation (inmates adapt to prison life and struggle when back in outside world)
- prisonisation (some prisoners adopt inmate code, considered unacceptable in outside world but encouraged and rewarded in prison e.g. not snitching to guards)
Recidivism
- reoffending
- 57% UK offenders reoffend within a year in 2013
in 2007 rates were above 70%
UK vs Norway
- Norwegian recidivism rates are the lowest in
Europe and less than half those in the UK - Norwegian prisons are very different and have more of an emphasis on rehabilitation and skills development
- people label Norwegian prisons as a soft option
Education, training and treatment
- help inmates to increase their chances of employment and decrease likelihood of reoffending
- some prisons don’t have resources to do this
- criminal record harms job applications
- some prisoners can complete courses to secure early parole
Prison as a political pawn
- politicians know prisons aren’t as effective as a deterrent
- want to appear tough on crime to be elected
Learning from other inmates
- inmates can learn new criminal skills from other inmates (especially younger learning from older)
- e.g. things like how to avoid capture
- undermines efforts from rehabilitation
Alternatives to prison
- community orders e.g. community service, fines, tags, restorative justice are all non-custodial
- evidence these are more cost-effective and are better at rehabilitating
- avoid negative psychological effects