Custodial Sentencing And Recidivism Content Flashcards
What is a custodial sentence?
A criminal sentence where the offender has to be held in prison or some other closed community such as a psychiatric ward
What are the 5 aims of custodial sentencing?
. To protect the public: incapacitation
. To punish an offender and prevent recidivism
. To deter others
. To atone from wrongdoing: retribution
. To rehabilitate offenders
What is the mnemonic for the aims of custodial sentencing?
D-eterrence
R-etribution
R-ehabilitation
I-ncapacitation
P-unish
What is recidivism also known as?
Reoffending
What is the idea of incapacitation?
It is important to keep criminals in prison as violent offenders or psychopaths may not be capable of controlling their behaviour in a public setting so custodial sentencing is important for violent criminals to keep the public safe
What is the idea of punishing an offender in custodial sentencing?
Based off the idea of operant conditioning and social learning theory
- if an offender is punished for their behaviour, they are less likely to repeat the behaviour as it had a negative, undesirable consequence
It is important to note that punishment or the threat of punishment many not work but can be very effective in deterring people from committing crimes (depends on psychological state of offender: refer to psychodynamic approach to offending)
What is the idea of deterrence in custodial sentencing?
The idea of getting a prison sentence should deter general populations from committing crimes, links to the idea that custodial sentences are also a punishment and will consequently decrease likelihood of offending or reoffending. If the punishment was to appear less serious through vicarious reinforcement, we would learn to take risks and break the law as we learn from others carrying out offending behaviour and not being justly punished
Why is retribution important in custodial sentences?
The victim and family/friends will want to feel a sense of justice to the criminal to get to grips with the situation and return to a stable psychological state post-crime. Custodial sentencing can be a way of paying for their wrongdoings and supplying the victims families with justice where a fine wouldn’t be sufficient (e.g for serious offences)
How is rehabilitation a very different aim in custodial sentencing to the rest?
The focus isn’t on punishment or deterrence but on supporting a criminal through some form of education or therapy to prevent criminal behaviour from beginning or being repeated.
- it is important to educated offenders so that when they return back out to the real world they are in a position to ‘get in with a better crowd’ and have a bit more direction in life
Why are prisons seen as a good place to undergo a rehabilitation process?
Offenders can engage in therapy without judgement from the outside world and there are fewer distractions. Furthermore, if good officer-offender relations are built up, there may be incentives to participate in the rehabilitation process
What are the four main psychological effects of custodial sentencing?
. De-individuation
. Depression, self-harm and suicide
. Effects of Overcrowding and lack of privacy
. Effects on the family
Where was de-individuation seen in year 12?
The Stanford Prison experiment, where prison and guard uniforms allowed individuals to conform to their social roles and lose a sense of individual identity, which is associated with aggression and treating people humanely as you are not familiar with this identity that you are conforming to
How does depression come about in custodial sentencing and give research evidence?
