Custodial sentencing- FORENSICS Flashcards
What are the 4 goals of custodial sentencing?
- incapacitation
- rehabilitation
- punishment
- deterrence
What does incapacitation in custodial sentencing involve?
- removing the offender from society to prevent them from committing further crimes
- protects public
- expensive
- overcrowding problem
What does rehabilitation in custodial sentencing involve?
- leads the offender to become a changed person
- use of : education, training and treatment to restore prisoners to a useful life on the ‘outside’
What does punishment and deterrence in custodial sentencing involve?
punishment=
- revenge taken out on the offender
- they ‘pay’ for what they did
deterrence=
- unpleasant experience (or the threat of it) to prevent the behaviour from re-occurring.
- punishment is the idea that someone has been hurt by the offender and should pay for their actions, going to prison and losing freedom is a punishment
- punishment is an effective deterrent as the fear and threat of punishment can act as a deterrent to offending in the first place
Effectiveness of prisons Ao1
- for many offenders, a period of probation is as effective in preventing re-offending as custodial sentencing
What did Glasser say about the effectiveness of prisons?
- supervision in the community is better for new offenders since prison often encourages and reinforces criminal behaviour
- this was found in ‘low risk’ offenders in the early stages of offending
- a term of imprisonment was found more effective in reducing recidivism in habitual offenders.
how does the length of a sentence impact the effectiveness of a prison?
- evidence indicates that longer prison terms are no more effective in reducing conviction rates than shorter ones.
- depends on the type of prisoner
Studies into the effectiveness of prisons:
WALKER+FARRINGTON
- length of sentence made little difference to the rates of re-offending in habitual offenders, more than 85% go on to commit further crimes
—-> researchers argue that the minimum amount of intervention has the greatest effect
KLEIN
- cautions were more effective deterrents than arrests
DAVIES+RAYMOND
- criticise imprisonment as a means of meeting the goals
- don’t believe that longer prison sentences deter others or reduce crimes
- most studies indicate that when offenders do make rational choices, they weigh up the risk of being caught rather than the sentence they may get
—-> THE ONLY GOAL IMPRISONMENT ACHIEVES IS PUNISHMENT.