Dealing with offending behaviour: custodial sentencing

Question 1

Definition of custodial sentencing.

Answer 1

decision made by court that punishment for crime should involve time being in prison/ other closed institution, psychiatric hospital.

Question 2

What are the 4 reasons for custodial sentencing?

Answer 2

Deterrence, incapacitation, retribution and rehabilitation.

Question 3

Describe deterrence.

Answer 3

Unpleasant experience to put off individual from engaging in offending behaviour.

Based on behaviourist idea of conditioning through vicarious punishment.

Question 4

What is deterrence on 2 lvls.

Answer 4

general (send message to members of society crime won’t be tolerated).

individual (should prevent individual repeating same offences due to experience).

Question 5

Describe incapacitation.

Answer 5

Offender taken out of society to prevent reoffending to protect public.

Need for it depends on offence severity and offender nature.

Question 6

Describe retribution.

Answer 6

Society revenge for offence making offender suffer.

Lvl suffering proportionate to offence seriousness.

Prison best possible option

Question 7

Describe rehabilitation.

Answer 7

Prison punishes and reforms.

Offenders should leave prison better adjusted.

Question 8

What are the 3 psychological effects of custodial sentencing?

Answer 8

Stress and depression, institutionalisation, prisonisation.

Question 9

Describe stress and depression.

Answer 9

Suicide rates high in prison than population, due to stress.

Increases risk developing psychological disorders after release.

Question 10

Describe institutionalisation

Answer 10

Adapted to norms, routines of prison, inmates become accustomed to these, no longer able to function outside.

Question 11

Describe prisonisation

Answer 11

Way in which prisoners socialised into adopting inmate code.

Behaviour considered unacceptable in outside world, encouraged/ rewarded in prison.

Question 12

Definition of recidivism.

Answer 12

reoffending

Question 13

Describe the problem with recidivism.

Answer 13

Difficult to obtain recidivism rates.

Reoffending rates vary with time, age of offender, crime committed and country.

US, Australia, Denmark record rates more than 60%.

Norway 20%- less emphasis on incarceration, greater emphasis on rehabilitation and skills development- Yukhnenko.

Question 14

Give a limitation of custodial sentencing, in terms of negative psychological effects on prisoners.

Answer 14

Bartol- imprisonment brutal.

Ministry of justice- 119 suicide in prisons in Eng and Wales in 2016- increase on 29 on previous year.

Average suicide 1/3 everyday in prisons- 9X higher than general pop.

Most at risk, young single men in 1st 24 hrs of confinement.

Prison reform trust- found 25% women, 15% men in prison reported psychosis.

Supports oppressive prison regimes detrimental to psychological health, impact rehabilitation.

Question 15

Give a counterpoint to a limitation of custodial sentencing, in terms of negative psychological effects on prisoners.

Answer 15

Prison reform trust study don’t include number inmates experiencing psychotic symptoms before incarcerated.

Many convicted, pre-existing psychological/ emotional difficulties when convicted- explain offending behaviour.

Importation model (prions aren’t completely insulated from everyday life outside in the world)- prisoners import psychological problems, don’t know if this problem with prison regime/ trauma of prison.

Suggests confounding variables influence link between prison and its psychological effects.

Question 16

Give a strength of custodial sentencing, in terms of the fact that it provides opportunities for training and treatment.

Answer 16

Rehabilitation prevent reoffending.

Vera institute justice- offenders take part in college education 43% less likely to reoffend following release, prisons offer education report fewer violent incidents.

Suggests prison worthwhile if offenders access programmes.

Question 17

Give a limitation of custodial sentencing in terms of offenders being able to learn from other offenders.

Answer 17

Possible offenders learn tricks from other offenders, make contacts.

Undermine rehabilitation.