Forensics: custodial sentencing

Question 1

What are the aims of custodial sentencing (4 functions)

Answer 1

• deterrence
• retribution
• confinement
• rehabilitation

Question 2

What is deterrence

Answer 2

• Threat of an unpleasant experience serves to prevent the behaviour in the future.
• Individual deterrence: preventing the offender from committing the same crime in the future.
• General deterrence: to deter the rest of the population from committing the same crime.

Question 3

What is incapacitation

Answer 3

• While a person is incapacitated they are not free to commit crimes.
• Some offenders are seen as a danger to the public and this will prevent future victims.
• The level of incapacitation will be dependent on the severity of the crime.

Question 4

What is retribution

Answer 4

• Focuses on the feelings of the victim, their family or society generally.
• Society is enacting revenge for the crime by punishing the offender.
• A crime has been committed and should receive a suitable punishment.

Question 5

What is Rehab (reform)

Answer 5

• Prison should reform prisoners so that upon release they will not reoffend.
• Counselling and offender programmes are sometimes offered in prison so the offender has the opportunity to learn skills.
• They are then in a position to lead a crime-free life upon release.

Question 6

What are the psychological effects of prison (3)

Answer 6

• Stress and depression: Suicide rates, self-mutilation and self-harm are all higher in prison than the general population.
• Institutionalisation: inmates become accustomed to life inside prison and cannot operate normally on the outside.
• Prisonisation: refers to the way prisoners are socialised into adopting an ‘inmate code’ where antisocial behaviour may be encouraged or rewarded.

Question 7

Explain how prisoners can become institutionalised

Answer 7

• The participants in Zimbardo’s 1971 Stanford Prison Study illustrated that individuals become influenced by the setting and lose their confidence to act.
  -> prison guards also become institutionalised..
• If they are homeless or have a poor standard of living they might like the routine of prison.
  -> If this is the case, more likely to reoffend so they can get back into prison.
• Prison is not a punishment for some but acts more as a positive reinforcement for offending behaviour.

Question 8

(+) (evidence of depression + suicide effects) Explain Dooley’s study on depression and suicide risk in prison

Answer 8

• Case notes of 295 of the 300 suicides.
• Risk groups: prisoners serving life sentences and those convicted of violent or sexual offends.
• Association between suicide and guilt.
• History of psychiatric problems in about a third of cases.

Question 9

(+) (proof of suicidal/mental effects)Explain Crighton and Town’s study on the negative effects on mental health

Answer 9

• Crighton and Towl (2008) number of suicides among offenders in prison have increased as a result of factors such as:
• Overcrowding.
• Lack of access to medical services and exercise
• settling in a new environment e.g. risk of suicide is greater in the first 30 days of incarceration.

Question 10

What are the possible positive psychological effects of imprisonment

Answer 10

• remorse
• new opportunities
• Treatment available

Question 11

Explain how settling into a new environment is an issue

Answer 11

• The risk of suicide among offenders is greater in the first 30 days of incarceration, demonstrating that the adjustment to prison can be extremely distressing.
• Self-harm is also an issue among offenders, and rates of self-harm have been increasing in the UK.
  –> Frustration at being incarcerated
  –> An attempt to regain control

Question 12

Explain how Norwegian prisons take a different approach to custodial sentencing.

Answer 12

• Norwegian prisons have some of the lowest recidivism rates in the world.
• Their prisons are much more open than the UK and greater emphasis is placed upon rehabilitation and gaining skills.

Question 13

List the evaluations for custodial sentencing

Answer 13

Positive:
- proof Suicidal effects of prison
- proof for suicide and self-harm
- proof of institutionalisation
- proof prisonisation

Negative:
- Individual differences
- better alternatives to custodial sentencing

Question 14

(+) give proof of institutionalisation (Hollin)

Answer 14

• Hollin: evidence to suggest that prisons became ‘home’ to some prisoners.
• The fact that they received three meals a day together with a bed and companionship was preferable to them, then what they had to deal with outside of prison.

Question 15

(+) give proof of prisonisation (Cheeseman)

Answer 15

• Cheeseman (2003):
• Many aggressive incidents occurred in prison due to the need to relieve stress.
• Suggests aggressive incidents could be a result of the surroundings.

Question 16

(-) explain how there are individual differences with custodial sentencing

Answer 16

• Whilst prison may be psychologically challenging for some, we cannot assume all offenders will behave in the same way.
• Length of sentence, reasons for incarceration and previous experience.
• Different prisons = different regimes.

Question 17

(-) explain how there may be better alternatives to custodial sentencing (Davies and Raymond)

Answer 17

• Davies + Raymond gov exaggerate the benefits of prison in a bid to appear tough on crime.
  -> In reality, it does little to benefit or deter others.
• Community service and restorative justice – lower rates of reoffending -> better alternatives?
• Norwegian prisons have some of the lowest recidivism rates in the world.
• Their prisons are much more open than the UK and greater emphasis is placed upon rehabilitation and gaining skills.