Dealing with offending behaviour - Custodial sentencing Flashcards
4 ways of dealing with offending behaviour
custodial sentencing, behaviour modification, anger management and restorative justice
What is custodial sentencing
is holding convicted criminals in a secure facility like a prison, or if appropriate a young offenders institution or psychiatric hospital
What are the 4 aims of custodial sentencing
deterrence, incapacitation, retribution and rehabilitation
What is deterrence
to stop criminals reoffending and members of society committing crimes
What is incapacitation
protects society from the criminals actions and behaviour while in prison
What is retribution
providing the victim and society a sense that criminals have paid for the crime
What is rehabilitation
opportunity to learn new skills (training) and behaviour (therapy)
What are the three psychological effects of custodial sentencing
depression, institutionalisation and deindividuation
What is depression
prisoners often feel helplessness in a frightening environment
This results in high levels of stress, levels of self harm and suicide are high in prisons
What is institutionalisation
prisoners adapt to the prison environment and routines and then after struggle to adjust to life outside
What is deindividuation
prisons can strip people of their sense of socialised individual identity, this process can lead to the highly aggressive behaviour seen in prisons
What is recidivism
when an offender re-offends after release.
Recidivism is a large problem in a study following UK criminals over 18 years, 77% of ex-inmates went on to reoffend
What could cause recidivism
This could be due to institutionalisation or developing pro-criminal attitudes while in prison (differential association)
other risk factors are homelessness and drug addiction.
Custodial sentencing limitation
As so many ex-inmates reoffend, 77% according as 2020 study, prisons may not deter or reform offenders, and only incapacitate for the time they are in prison. However, as reoffending rates are much higher for short sentences of less than 6 months at 84.9% compared to more than 4 years at 32.2%, could argue that short sentences arent long enough to deter or reform
Considering the implications of differential association, custodial sentencing may be counter productive, could be that putting large numbers of criminals together reinforces pro-criminal attitudes and the sharing of criminal skills
Custodial sentencing is expensive, the cost per prisoner per year in the UK in 2020 is over £42,000. As recidivism rates are so high, from a cost benefit analysis it may be better to try different approaches to protect society from offenders.
Custodial sentencing strength
Many members of wider society think giving offenders long custodial sentences, especially in difficult prison environments is an appropriate punishment for crimes. This provides suitable retribution for the victims. Other approaches lacking in severe retribution are often considered as ‘soft’ options.
