Dealing with offending behaviour. Flashcards
What is custodial sentencing?
a decision made by a court that punishment for a crime should involve time being in custody (prison (incarceration) or in some other closed therapeutic or educational institution).
What are the 4 aims of custodial sentencing?
Deterrence, incapacitation, retribution and rehabilitaion.
Deterrence?
the unpleasant prison experience is not only designed put of the individual from offending again (individual deterrence) but also put off society from offending (general deterrence). Individual deterrence is based on punishment in operant conditioning and general deterrence is based on vicarious reinforcement.
Incapaciation?
the offender is taken out of society to prevent them from reoffending in order to protect the public, especially from those who are not able to control their behaviour. The need for incapacitation depends on the severity and nature of the crime.
Retribution?
society is enacting revenge for the crime by making the offender suffer, and this is proportionate to the severity of the crime. The victim and family can feel a sense of justice. Based on the biblical notion; an eye for an eye. Many people feel prison is the best method for retribution.
Rehabilitaion?
the offender can be reformed and made into a better person through some sort of education or therapy whilst in prison. They leave prison in a better position to take place in society, as they have been given a chance to reflect on their offence.
What are the 3 psychological effects of custodial sentecning?
Stress and depression, institutionalisation and prisonisation.
Stress and depression?
-Stress and depression– suicide rates are considerably higher in prison compared ot the general population, as are incidents of self harm. The stress of prison can increase risks of developing psychological disorders following release.
Institutionalisation?
-Institutionalisation– having adapted to the norms and routines of prison life, inmates may become so accustomed to them that they can no longer function in the real world.
Prisonisation?
-Prisonization– prisoners are socialised into adopting an inmate code, which is behaviour that may be unacceptable in the outside world but is rewarded by the institution.
What is recidivism?
a tendency to relapse into a previous condition or mode of behaviour. In the context of crime, a convicted offender who repeatedly reoffends.
Tells us to what extent prisons are an effective deterrent.
Why do recidivism rates vary?
It can be hard to obtain clear figures on recidivism rates, as it depends on if reoffending occurs within a year of release or longer.
Reoffending rates vary; with period of time after release, age of offender, crime committed and where the crime was committed.
How do recidivism rates vary between countries?
Yukhnenko et al 2019 found recidivism rates in the UK have been around 45% in recent years.
In Norway, rates are as low as 20% where less is less emphasis on incarceration but more emphasis on rehabilitation and skills development.
Strengths of custodial sentencing?
Provides opportunities for training and treatment- offenders may become better people and live a crime free life upon release. There is also access to education and training which may help them find employment upon release. Shirley et 2019 claimed offenders who take part in college education programmes are 43% less likely to reoffend and prisons that offer these schemes have less violence.
Limitations of custodial sentencing: criminal skills?
Offenders may learn to become better offenders through socialisation (differential association theory). They may acquire more criminal skills and enter criminal contracts within prison that continue upon release. This undermines any attempt to rehabilitate.
Limitations of custodial sentencing: negative psychological effect?
Bartol et al 1995 suggested that imprisonment can be ‘brutal, demeaning and generally devastating’. According to the Ministry of Justice a record of 119 people took their own lives in prison in England and Wales in 2016, 9 times more than the general population.
Limitations of custodial sentencing: psychosis?
A study by the Prison Reform Trust 2014 found that 25% of women and 15% of men reported symptoms of psychosis, which would make it hard to be rehabilitated. HOWEVER, this study does not include the number of inmates who had pre existing psychological issues before prison. So there may be some confounding variables.
Limitations of custodial sentencing: purpose of prisons?
A survey by Onepoll in 2015 found that 47% saw the primary purpose of prisons to be for punishing offenders for wrongdoing. Many saw prisons as being too soft or like a holiday. However 40% of respondents thought the main purpose should be for rehabilitation, Overcrowding and lack of funding prevents this.
What is restorative justice?
=A system of dealing with offending behaviour that focuses on the rehabilitation of the offender through reconciliation with the victim.
Typically involves offenders coming face-to-face with their victims. If done correctly it can be a crucial stage in the offenders’ rehabilitation and can help the victim put the incident behind them.
Where does restorative justice come from?
Historically offenders were regarded as committing a crime against the state, now the emphasis has moved to the needs of the individual victim.
What are the aims of restorative justice?
The victim and their recovery.
The offender and their rehabilitation process.
What are the key features of restorative justice?
Trained mediator to supervise.
Non-courtroom setting.
Face to face meeting or a video link.
The survivor has the opportunity to confront the offender and explain how the crime affected them, so the offender can comprehend the consequences of their actions.
Everyone is actively involved and the hope is a positive outcome for both parties.
When is restorative justice done?
Pre trial.
Alongside a sentence.
Incentive to a reduced sentence.
Alternative to prison.