DEALING WITH OFFENDING BEHAVIOUR - CUSTODIAL SENTENCING Flashcards

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1
Q

whats is custodial sentencing

A

involves a convicted offender spending time in a prison or another closed institutiont e.g young offenders institute

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2
Q

what ar ethe four mainr easons for custodial sentening

A

deterrence

incapacitation

retribution

rehabilitation

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3
Q

what is the idea behind deterrence

A

the unpleasant prison xp is designed to put off the individual/ society from engaging in offending behaviour

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4
Q

what two levels does deterrence work on

A

general deterrence

individual deterrence

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5
Q

what is general detterenece

A

aims to send a broad message to mebers of a socity that crime wont be tolerated

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6
Q

what is individual deterrence

A

should prevent individual from repeating the same offencences in light of their experience

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7
Q

deterrence is based on what idea

A

behaviourist idea of conditionig through vicarious punishemnt

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8
Q

what is incapacitation

A

when offender is taken out of society to prevent ehm offedning as a means of protecting the public

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9
Q

what is hte need for incapacitation dependent on

A

severity of offence and nature of offender

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10
Q

give a contetual example of the need for incapacitation

A

individuals in society need more protection from serial murderer

than

elderly perosn who refuses to pay council tax

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11
Q

what is retribution

A

society is enacting revenge for the offence by making the offender suffer

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12
Q

in terms of retribution - socuety makes the offender suffer , how should the level of suffering be

A

proportionate to the seriousness of the offence

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13
Q

retribution is based on the bibilicl notion of

A

an eye for an eye

that the offender in some way shoudl pay for their actions

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14
Q

in terms of retibutionhow is prison seen

A

best possible option

alternaitves to prison are criticised as soft options

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15
Q

what is rehabilitation

A

seeing main objective of prison to reform not to purely punish

when released prisoners should be better adjusted and ready to take their plce bakc in society

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16
Q

rehabilitation - what 3 things should prison provide

A

opps to develop skills and traingin

access treatment programmes e.g for drug addiciton

give offender chance to reflect on offence

17
Q

what are the sever psychological affect sassociate dwith serving time in prison

A

stress and depression

institutionalisation

prisonisation

18
Q

outlien stress and depression

A

suicide rates higher in prisons than in general popluations + incidents of self mutilation and self harm

stress prison xp increases risk of developing psych disorders following release

19
Q

outline institutionalisation

A

relates to

having adapted to norms of and routines of prison life

inmates may become so accustomed to these they’re no longer able to function on the outside

20
Q

outline prisonisation

A

refers to way offenders are socialised into adopting an inmate code

behaviour considered unacceptable in outside world may be encouraged and rewarded inside walls of instution

21
Q

recidivism

A

a tendency to relapse into a previous condiiton or mode of behaviour

e.g reoffending

22
Q

what do recidivism rates in ex prisoners tell us

A

to what extent prison acts as an effective deterent

23
Q

uk minsitry of justice reports proven figures within

A

one year of release

24
Q

what does proven mean

A

perosn been caught

25
Q

in recent years uks receedivism rate been around

A

45%

26
Q

reoffending rates vary with what 4 things

A

time period after release

age of offender

crime comitted

country

27
Q

the us , usa , denamrk reguraly record offending rates in excess of

A

60%

28
Q

what are norway reofeending rates

A

as low as 20%

29
Q

why is norway reoffending figure significant

A

less empahsis on incarceration

greater emphasis on rehabilitaiton and skills development

than elsewhere

30
Q

school for crime - limtation

A

A limitation of custodial sentencing is that offenders may learn to become better offenders.

Alongside legitimate skills offenders may acquire during their time in prison

they may also undergo a more dubious educatinon as part of theri sentence

inccarceration with , long term inmates may also give the younger/short-term inmates an opportunity to learn the ‘tricks of the trade’.

They may also acquire criminal contacts whilst in prison that they may follow up once their released

. This form of education may undermine the attempts to rehabilitate prisoners and could actually make re-offending more likely

31
Q

strength - traing and treatmetn

A

streght = provides opportunities for traing and treatmetn

an obj of imprisonment is rehabilitaion- offender may become better people during their time in prison and their imporved character may mean they may be able to lead a crime free life when back in society

many offeders access eduationa nd trainign whilst in prison increases the possiblity they will find employment upon release

the vera institute of justicec claims offenders who take part in college education programmes are 43% less likely to reoffend follwoign release and that prisons who ofer these programmes report fewer incidents of violence

this suggests prison may be a worthwhile experience assuming offenders are able to access these programmes

32
Q

limitation - negatvoe psychological effect on prisoners

A

bartol suggested that for many offenders imprisonment can be brutal , demeaning an genrally devastating

according to ministry of justice 119 people k word themselves in england and wales in 2016
whihc was a an increase of 32% on previous year

most at risk are young single men during the first 24 hours of confinement

study conducted by prison reform trust found 25% of women and 15% of men in prison reported symptoms of psychosis

this supprots the view that opressive prison regimes may be detrimental to psychological health which could impact on rehabilitaiton

however this doesnt tell us about prisoners xp psychotic symptoms before incarceration so we cant be sure if the data tell us facts