Forensics - custodial sentencing Flashcards
custodial sentencing
being in custody due to a decision in court. could be prison, psychiatric hospital or a young offenders institute
what are the 4 aims of custodial sentencing
deterrence, retribution, confinement, and rehabilitation
two types of deterrence
individual and general
individual deterrence
unpleasant behaviour (behaviourism), stops individual repeating behaviour
general deterrence
sends message to wider society that this behaviour will not be tolerated (SLT - vicarious reinforcement)
retribution
‘payback’ for offence by making the offender suffer. the level of suffering should be proportional to severity of the offence
confinement
protect society from harm, need for confinement depends on the severity of the crime
rehabilitation
better adjusted and ready to take their place back in society by learning new skills. can be rehab for addiction, anger management, etc.
what are the psychological effects of custodial sentencing
stress and depression, institutionalisation, de-individualisation, and prisonisation
recidivism
a convicted offender who reoffends
stress and depression (custodial sentencing consequence)
suicide and self-harm rates are significantly higher than in general population. higher chance of psychological disorders after release
institutionalisation
lose ability to function after release. some people find custody offers security that they don’t have outside of prison
de-individualisation
weakening of self-identity
prisonisation
socialised to adopt ‘inmate code’. social norms in a prison may not be accepted in wider society
recidivism rates in the UK
45%
recidivism rates in the US, Australia and Denmark
60%
recidivism rates in Norway
20%
strengths of custodial sentencing
+ many offenders access education and training, increasing chances of employment after release. (43% less likely to reoffend)
limitations of custodial sentencing
- Bartol suggested prison is generally devastating, 9x greater suicide rate in prisons than general pop. young men in first 24 hrs most at risk
- 25% women and 15% men in prison reported symptoms of psychosis (doesn’t account for those experiencing psychosis before entering prison -> confounding variables may influence)
- incarceration w/ long term offenders may allow younger inmates to learn ‘tricks of trade’ from older inmates. (differential association theory) -> explains why some go on to commit more serious offences upon release
