Dealing with offending behaviour: Custodial sentencing Flashcards
What is custodial sentencing?
It involves a convicted offender spending time in prison or another closed situation.
What are the 4 main reasons for custodial sentencing?
Deterrence- The unpleasant prison experience is designed to put off individuals from engaging in offending behaviour.
Incapacitation-The offender is taken out of society to prevent them from reoffending to protect the public.
Retribution- Society is enacting revenge for the offence by making the offender suffer, and the level of suffering is proportionate to the seriousness of the crime.
Rehabilitation- Offenders should leave prison better adjusted and ready to take their place back in society. Prison should provide opportunities to develop skills and training to access treatment programmes.
What are some psychological effects of custodial sentencing?
Stress and depression- suicide rates are considerably higher in prison than in the general population, as are incidents of self-mutilation and self harm.
Institutionalisation- Having adapted to the norms and routines of prison, inmates may become accustomed to these and are no longer able to function outside.
Prisonisation- The way in which prisoners are socialised into adopting an inmate code. Behaviour may be considered unacceptable in the outside world may be rewarded within the walls of the institute.
What is recidivism?
Reoffending
A tendency to relapse into a previous condition or mode of behaviour.
What is the problem of recidivism?
It is difficult to obtain clear figures for recidivism rates.
In recent years the Uk figure has been about 45%. The US and Australia have rates of over 60%. In Norway they are 20%.
Norway focus more on rehabilitation than incarceration.
limitation of custodial sentencing.
The negative psychological effect on prisoners.
Bartol suggested that, for, may offender, imprisonment can be brutal, demeaning and devastating.
According to the Ministry of Justice a record of 119 people killed themselves in the Uk and Ireland in 2016. This is 9x higher the the general population.
Trust (2014) Found that 25% of women and 15% of men reported symptoms of psychosis.
This supports the view that oppressive prison regimes may be detrimental to psychological health which could impact on rehab.
Strength of custodial sentencing.
It provides an opportunity for treatment and trainin.
Offender may become better people, and they can lead a life of crime-free life when back in prison. Many prisoners access education and training whilst in prison increasing. the possibility they will find employment upon release.
It was found that prisoners who take part in education programmes are 43% less likely to offend flowing release.
2nd limitation- School for crime
Offender may learn to become better offenders.
Incarceration with long-time offenders may give younger inmates to learn the ‘tricks of the trade’ from more experienced offenders.
