dealing with offending behaviour - custodial sentencing

Question 1

aims of custodial sentencing - deterrence

Answer 1

• unpleasant prison experience designed to put people off from engaging in offending behaviour
• general deterrence aims to send broad message to members of given society that crime will not be tolerated
• individual deterrence should prevent individual from repeating same offences in light of their experience
• based on behaviourist idea of conditioning through vicarious punishment

Question 2

aims of custodial sentencing - incapacitation

Answer 2

• offender taken out of society to prevent reoffending as means of protecting public
• need for incapacitation depends on the severity of offence and nature of offender
• eg. individuals in society require more protection from a murderer than an elderly person who refuses to pay council tax

Question 3

aims of custodial sentencing - retribution

Answer 3

• level of suffering should be proportionate to seriousness of offence
• based on notion of ‘eye for an eye’, offender should in some way pay for their actions
• many people see prison as best option in this sense, alternatives are often criticised as soft options

Question 4

aims of custodial sentencing - rehabilitation

Answer 4

• many people see main objective of prison as not to punish but to reform
• upon release, offenders should leave prison better adjusted and ready to reclaim their place in society
• prison should provide opportunities to develop skills and training as well as providing treatment, and giving the offender the chance to reflect on their offence

Question 5

psychological effects of custodial sentencing - stress and depression

Answer 5

• suicide rates considerably higher in prison, as are incidents of self-mutilation and self-harm
• stress of prison experience also increases risk of developing psychological disorders following release

Question 6

psychological effects of custodial sentencing - institutionalisation

Answer 6

• having adapted to norms and routines of prison life, inmates may become so accustomed that they can no longer function on the outside

Question 7

psychological effects of custodial sentencing - prisonisation

Answer 7

• the way in which prisoners are socialised into adopting an ‘inmate code’
• behaviour that may be unacceptable in the outside world may be encouraged and rewarded in prisons

Question 8

the problem of recidivism

Answer 8

• recidivism rates in ex-prisoners tell us to what extent prison works as a deterrent
• difficult to obtain clear figures for rates, in recent years the UK rate has been about 45%
• reoffending rates vary with time period after release, age of offender, crime committed and country
• US, Denmark and Australia record rates above 60%, in Norway rates are as low as 20%
• in Norway, less emphasis on incarceration and greater emphasis on rehabilitation and skills development

Question 9

evaluation limitation - psychological effects

Answer 9

• Bartol suggested that imprisonment can be brutal, demeaning and generally devastating
• a record 119 people killed themselves in UK and Wales prisons in 2016 (average suicide of 1 every 3 days)
• young single men are most at risk during first 24 hours of confinement
• a study found that 25% of women and 15% of men in prison reported symptoms of psychosis
• supports view that oppressive prison regimes may be detrimental to psychological health, could impact on rehabilitation

Question 10

evaluation strength - training and treatment ⭐️

Answer 10

• custodial sentencing provides opportunity for training and treatment
• one objective is rehabilitation, offenders may become better people during their time in prison, may be able to lead a crime-free life when back in society
• many offenders access education and training whilst in prison, increasing possibility that they will find employment later on
• has been claimed that offenders who take part in college education programmes are 43% less likely to reoffend, prisons who offer these programmes report fewer incidents of violence
• prison may be a worthwhile experience assuming offenders are able to access these programmes

Question 11

evaluation limitation - school for crime ⭐️

Answer 11

• offenders may learn to become better offenders
• offenders may undergo a more dubious ‘education’ as part of their sentence
• incarceration with long-term offenders may give younger inmates the opportunity to learn tricks and techniques from more experienced prisoners
• may also acquire criminal contacts that they may follow up when released
• this may undermine attempts to rehabilitate prisoners and therefore may reoffending more likely