Dealing With Offending Behaviour: Custodial Sentencing And Recidivism

Question 1

What is custodial sentencing

Answer 1

A sentence where the court requires an offender to be held in a prison or some other closed community like a psychiatric hospital

Question 2

What are the aims of custodial sentencing

Answer 2

• to protect the public: putting criminals in prison is necessary for violent offenders who can’t control their behaviour
• punish an offender and prevent recidivism: essentially a behaviouralist approach, believed to be reason most people don’t commit crimes
• deter others: should discourage others from committing crimes
• atone for wrongdoing: retribution of offenders, justice for families affected
• rehabilitation of offenders

Question 3

What are the psychological effects of custodial offending

Answer 3

• De-individuation: Zimbardo et al illustrates how prison and guard uniforms may lead to loss of identity
• depression, self harm, suicide: Abramson et al suggested depression is caused by hopelessness and helplessness
• overcrowding and lack of privacy: growing population in prison, recent data shows 25% of prisoners are in overcrowded accommodation
• effects on family: children with a parent in jail are affected financially and psychologically

Question 4

Why May punishing the offender not be truly effective

Answer 4

• offender may think they are punished for being caught, not the crime.
• US stats show murder rates aren’t lower in states with death penalty (Amnesty int 2015)
• crime is often committed in a highly emotional condition, so don’t consider consequences

Question 5

What are the benefits of custodial sentencing

Answer 5

• creates opportunities for incapacitation, retribution, rehabilitation but these may not be achieved
• incapacitation is relevant to small range of dangerous prisoners, not relevant to reducing recidivism
• retribution can be achieved without custodial sentencing eg: restorative justice
• For rehabilitation, offenders can’t be forced to participate in programmes, this shows that overall many aims or custodial sentencing may be better achieved by other means

Question 6

Why May some people think going to prison increases your chances of re-offending

Answer 6

• Sutherland differential association theory says time spent with other prisoners will affect one’s attitude towards crime and may be thought how to commit crimes.
• Latessa and Lowenkamp (2006) concluded that placing low-risk offenders with high risk ones makes it more likely they will reoffend
• imprisonment May therefore only reinforce pro-criminal attitudes and encourage increased criminal behaviour

Question 7

Why must individual differences be considered in recidivism

Answer 7

• custodial sentencing may be more effective with some offenders then with others
• Home office 2005, suggested younger people more likely to reoffend, those committing petty crimes (burglary, theft) are 2x more likely to reofffend then those committing drug or sexual offences

Question 8

What are the benefits of non-custodial sentencing

Answer 8

• alternatives include probation, compensatory penalties, electronic monitoring, fines, community service.
• Klein et al 1997, offenders sentenced to community rehabilitation less likely to reoffend, suggesting non-custodial forms of reoffending such as community sentences are better for new or non-violent offenders