Forensics: Custodial Sentencing Flashcards
What are the 4 aims of custodial sentencing?
1) Deterrence
2) Incapacitation
3) Retribution
4) Rehabilitation
What are the 2 types of deterrence?
1) General deterrence- society does not tolerate that crime and it sends a broad message.
2) individual deterrence- should prevent an individual from repeating a crime in light of that experience
what is incapacitation?
offender is taken out of society to prevent them from committing more crime. the sentence depends on the crime committed.
What is Retribution?
society getting revenge for the crime by making the offender suffer and the level of suffering depends on the crime committed. based on ‘An eye for an eye’
What is Rehabilitation?
some believe offenders should leave prison better adjusted and able to take their place back in society- reduce rates of recidivism (treatment and training schemes)
what are the psychological effects of custodial sentencing?
1) stress and depression (suicide rates are higher in prisons, as are self harm, etc. prison often increases risk of psychological disturbance)
2) Institutionalisation (having adapted to prison life, offenders may find it hard to function outside of it)
3) Prisonisation (adapt to inmate code, behaviour that may be unacceptable in the outside world may be encouraged and rewarded in prison)
What did Daniel (2006) argue about suicide rates in prisons?
the first 30 days of prison is when they are most likely to take their life.
Who found that suicide in prison is 4 times higher that rest of UK society?
Dooley (1990)
What did Kruppa (1991) argue about aniexty in prisons?
offenders imprisoned for serious crimes experience flashbacks and anxiety due to the prison environment giving them a greater chance to reflect what they have done, leading to increased psychological problems.
Who supported custodial sentencing rehabilitation?
Barton (1995) suggested imprisonment was brutal and that sucked rates are 15 times higher than general pop. 25% of women and 15% men suffer psychological disorders triggered in prisons. Rehabilitation is more effective, especially for the vulnerabl
What’s a potential strength of custodial sentencing?
prisoners are surrounded by opportunities for learning and training (e.g. CBT schemes) to reduce recidivism.
Who pointed out a weakness to custodial sentencing?
Blackburn (1993)- found very few studies have been carried out for the emotional well-being of prisoners (perhaps down to social prejudice towards criminals) so difficult to know if innmates should be offered psychological help/support.
What’s 2 other problems with custodial sentencing?
1) individual differences- prisons are different so could affect experience, also time in prison and number of times previously incarnated.
2) Universities of crime- can learn from other innmates.
What does the Minister of Justice (2013) suggest?
57% of UK offenders reoffend after a year. UK and USA have the highest rates and Norway has less than half. Norweigen prisons emphasise rehabilition and skill development (however are critiqued for being soft)
