dealing w offender behaviour - custodial sentencing Flashcards
custodial sentence
offender is punished by serving time in prison or in other closed institutions (eg. psychiatric hospital)
4 main reasons for doing a custodial sentence:
- deterrence
- incapacitation
- retribution
- rehabilitation
- deterrence
The threat of an unpleasant experience serves to prevent the behaviour in the future
Individual deterrence – preventing the offender from committing the same crime in the future in light of their prison experience
General deterrence – to deter the rest of the population from committing the same crime. Showing crime will not be tolerated.
- incapacitation
Taking the offender out of society to prevent them from re-offending
Protection for the public
Often dependent on the severity of the offence eg. serial rapist
- retribution
Society is enacting revenge for the crime by punishing the offender.
A crime has been committed and should receive a suitable punishment that is proportionate to the seriousness of the offence.
- rehabilitation
The experience of punishment leads to the offender becoming a ‘changed’ individual, better adjusted to their role in society in the hope that they will not reoffend.
Effective programmes required in prisons to aid in this:
-Token economy systems
-Anger management
-Addiction treatments
-Education programmes to develop skills
-Social skills training
negative effects of custodial sentencing
stress, anxiety, depression
suicide rates and incidents of self-harm are higher than in the general population.
2023- 92 self-inflicted deaths in prison (24% increase from 2022).
- 2023 -64,368 self-inflicted injuries (21% increase)
negative effects of custodial sentencing
prisonisation
prisoners are socialised into adopting an ‘inmate code’ – exhibiting behaviours that would be unacceptable in the outside world.
- These behaviours may increase their sentence whilst in prison or increase chance of recidivism once out of prison.
negative effects of custodial sentencing
institutionalisation
inmates may become so accustomed to prison life that they are unable to function in the outside world.
This may lead them to committing crime outside of prison to get sent back to prison, increasing recidivism.
recidivism
“the tendency for an offender to commit further offences/crimes” or reoffending rate.
The Ministry of Justice in 2020 stated that 55% of the UK offenders will reoffend within a year of release.
Norwegian prisons have some of the lowest recidivism rates in the world (less than 20%). Their prisons are much more open than the UK and greater emphasis is placed upon rehabilitation and gaining skills.
Norway’s prison system
One of the worlds lowest recidivism rates in the world at 20%.
-Halden Prison, Norway (Maximum Secure)
Living quarters- no bars on window, more spacious than typical cells, common areas & kitchens.
Only locked up 12 hours per day.
Staff relationships positive- staff eat lunch with inmates, less focus on routine to allow for better transition into society.
Focus on rehabilitation-specialised programmes, encouraged to develop skills to help them back in society.
UK prison system
Wandsworth Prison, London- recidivism rate 65.7% (2019)
Spend up to 23 hours a day in the cell- 20 mins to shower or exercise.
Increase in drug use.
Increase in self inflicted injury/declining mental health- 6x more suicides than in previous years.
Low staff ratios per prisoner/reports of staff corruption.
¾ leave with no agreed job and/or further training on release.
strength of custodial sentencing - effectiveness of rehab model
E: It is argued that after entering prison and undertaking rehabilitation that offenders can become better people, due to an improvement in their character. Many offenders can better themselves educationally or tackle any underlying issues such as anger management. Studies have shown than if an offender can find work after release, they are 50% less likely to reoffend.
C: supports idea that prison is worthwhile as people have made long term benefits eg. no drug use so it improves people’s lifestyle
limitation of custodial sentencing - prison is a ‘university for crime’
E: Alongside legitimate skills e.g. education, offenders can also be taught less legitimate skills- experiencing a “prison education.” Whilst in prison, experienced offenders may teach younger offenders tricks of the trade, which undermine attempts to rehabilitate them.
C: The idea that younger offenders may learn from more experienced offenders (e.g. role models) supports DAT as offenders can learn specific criminal acts from inmates and so recidivism rates can increase.
limitation of custodial sentencing - negative psychological effects
E: Bartol (1995) argued that in the last 20 years suicide rates amongst prisoners has risen to 15 times higher than the general population.
Highest risk- young men during the first 24 hours.
C: this suggests custodial sentencing negatively affects MH and causes more suicide attempts. so, custodial sentencing can be ineffective as it fails to protect those actually in prison especially when they have first arrived. suggests prisoners aren’t looked after well in prison.
