Forensics - Custodial sentencing Flashcards
What is custodial sentencing?
Custodial sentencing is where an offender spends time in a prison or other institution as a punishment for their crime.
What are the 4 aims of custodial sentencing?
- Deterrence
- Incapacitation
- Retribution
- Rehabilitation
Outline what is meant by ‘deterrence’
Deterrence is the idea that being in prison should be an unpleasant experience, so should put off the offender from convicting a crime in the future, and should put off would-be offenders from committing crimes in the first place.
This is based on the behaviourist idea of operant conditioning.
Outline what is meant by ‘incapacitation’
Incapacitation is another aim, referring to the offender being taken out of society as they are a danger to the public, for example a serial killer.
Outline what is meant by ‘retribution’
Retribution refers to making the offender suffer in some way, so they are seen to be ‘paying’ for their crime. The seriousness of the crime should be matched to an appropriately serious sentence (such as a prison sentence of several years).
Outline what is meant by ‘rehabilitation’
Rehabilitation means to reform the offender’s character so that they do not re-offend. This could be done through training and education inside of the prison.
What are the effects of custodial sentencing?
- Stress and Depression: Suicide rates, self-mutilation and self-harm in prison considerably higher, increased risk of psychological disturbance following release
- Institutionalisation: may adapt to norms and routines of prison life, inmates may become to accustomed to function in normal society
- Prisonisation: prisoners are socialised into adopting ‘inmate code’, behaviour that is unacceptable outside prison may be encouraged and rewarded inside prison
What is meant by ‘recidivism’ and what are the stats on UK rates of recidivism?
This refers to re-offending.
In 2013 it was found that 57% of offenders in the UK will re-offend within one year of release from an institution, and some studies have shown figures as high as 70%.
The UK and US have some of the highest rates of recidivism in the world, whereas in Norway rates are the lowest in Europe. Norwegian prisons place much more emphasis on rehabilitation than retribution, although they have been criticised for being too ‘soft’.
Evaluate custodial sentencing - opportuntites
Many prisoners access education and training, anger management schemes, social skills training, reducing the likelihood of recidivism (link to Norway) – prison may be a worthwhile experience if offenders can access these programmes
Evaluate custodial sentencing - psychosis
The Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported signs of psychosis, supporting that custodial sentencing causes stress and depression and suggesting that it may not be suitable for psychologically vulnerable individuals.
Evaluate custodial sentencing - different prisons
Different prisons have different regimes, also consider length of sentence and reason for incarceration, many of those convicted may have pre-existing emotional or psychological difficulties – can’t generalise prison experience, difficult to make conclusions
