Forensics - Custodial Sentencing Flashcards
The 4 aims of Custodial sentencing
- Deterrence
- Incapacitation
- Retribution
- Rehabilitation
Custodial sentencing definition
Involves a convicted offender spending time in prison or another closed institution (eg psychiatric hospital)
Detterence
The unpleasant prison experience is designed to putt off the individual from engaging in offending behaviour.
General deterrence
Aims to send a broad message to members of a given society that crime will not be tolerated.
Individual deterrence
Should prevent the individual from repeating the same crime in light of the experience
Incapacitation
The offender is taken out of society to prevent them from reoffending as a means of protecting the public. The need for incapacitation is likely to depend upon the severity of the offence and nature of the offender (eg the public require more protection from a serial murderer than an old person refusing to pay council tax)
Retribution
Society is enacting revenge for the crime by making the offender suffer and the level of suffering should be proportionate to the severity of the crime. Many people see prison as the best option and other alternatives to prison as seen as ‘soft’ options
Rehabilitation
Upon release, offenders should leave prison better adjusted and ready to take their place back in society.
Prison should provide opportunities to develop skills and training or to access treatment programs for drug addiction, as well as give the offender chance to reflect on their crime
Psychological effects of custodial sentencing
- Stress and depression: suicide and self harm rates are higher in prison than in the general population
- Institutionalisation: inability to function out of prison having adapted to the norms and routines of prison life
- Prisonisation: behaviours unacceptable outside prison are encouraged via socialisation into an ‘inmate code’
Recidivism
Refers to reoffending. Recidivism rates in ex prisoners tell us to what extent prison acts as an effective deterrent.
Recidivism rates
Vary with age, crime committed and country
The US, Australia and Denmark record rates over 60%
Norway may be as low as 20%
UK 45% of offenders reoffend within a year
Custodial sentencing AO3 - WEAKNESS
Individual differences
Firstly, prisons run off different regimes so this could affect the experience
Secondly, the lengths of time in prison affects the inmate, as well as the number of times previously incarcerated.
Finally, those convicted could have underlying mental illness and emotional difficulties
Therefore generalisations cannot be made
Custodial sentencing AO3 - WEAKNESS
Bartol (1995) said prison is ‘brutal, demeaning and generally devastating’. Suicide rates in prisons are 9 times higher than general population.
The Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms of psychosis
This supports the view that oppressive prison regimes may be detrimental to psychological health which could impact on rehabilitation
Custodial Sentencing AO3 - WEAKNESS
Prison may be a school for crime
Incarceration with long-term offenders may give younger inmates the opportunity to learn the ‘tricks of the trade’ from more experienced offenders
Offenders may also acquire criminal contacts whilst in prison which they may follow up upon release
This form of ‘education’ may undermine attempts to rehabilitate offenders and make reoffending more likely.
Custodial sentencing AO3 - STRENGTH
The Vera Institute of Justice (Shirley 2019) claims offenders who take part in education programmes are 43% less likely to reoffend following release.
This will improve employment opportunities on release, which reduces the likelihood of reoffending
This suggests prison may be worthwhile experience assuming offenders are able to access these programmes
