Forensics - Custodial Sentencing Flashcards
What is custodial sentencing?
Custodial sentencing is a judicial sentence determined by a court, where the offender is punished by serving time in prison (incarceration) or in some other closed therapeutic and/or educational institution, such as a psychiatric hospital.
What is recidivism?
Recidivism refers to reforming, a tendency to relapse into a previous condition or mode of behaviour in the context of crime, a convicted criminal who reoffends, usually repeatedly.
What are the aims of custodial sentencing?
Deterrence: The unpleasant prison experience is designed to discourage the individual and others from offending. This includes both general deterrence, where broad messages are sent to the public, and individual deterrence, aimed at preventing repeat behaviour.
Incapacitation: The offender is taken out of society to prevent them from reoffending. The necessity of this aim depends on the severity of the offence.
Retribution: Society enacts revenge for the crime by making the offender suffer, which is proportionate to the severity of the offence.
Rehabilitation: Reforming offenders through training, treatment, and therapy to reintegrate them into society after serving their sentence.
What are the psychological effects of custodial sentencing?
Stress and depression: Suicide rates in prison are significantly higher than in the general population, with 25% of women and 15% of men reporting symptoms of psychosis.
Institutionalisation: Prisoners may become accustomed to prison life and struggle to reintegrate into society.
Prisonisation: Prisoners adopt an inmate code that can make adjustment to life outside of prison more difficult.
What is the problem of recidivism?
Ministry of Justice (2013): 57% of UK offenders will reoffend within a year of release.
Recidivism rates in Norway are among the lowest in Europe, attributed to an emphasis on rehabilitation and humane prison systems compared to the UK.
What is one evaluation point for custodial sentencing related to psychological effects?
Point: Evidence supports psychological effects.
Explanation: Bartol (1995) suggested that custodial sentencing is “brutal, demeaning and generally devastating.” Suicide rates among offenders are fifteen times higher than the general population. Stress, depression, and symptoms of psychosis are common, particularly in vulnerable individuals.
Link: This suggests custodial sentencing may not be effective in rehabilitating offenders and could exacerbate psychological issues for vulnerable individuals.
What is one evaluation point for individual differences?
Point: Psychological effects are not uniform.
Explanation: The length of a sentence, the reason for incarceration, and individual differences (e.g., preexisting vulnerabilities) influence the impact of prison. Offenders convicted at vulnerable times may face greater difficulties adjusting.
Link: This challenges general conclusions about custodial sentencing and highlights that its effectiveness may vary greatly depending on the offender.
What is one evaluation point about opportunities for rehabilitation?
Point: Opportunities for training and treatment.
Explanation: Many prisoners access education and training in prison, which increases the likelihood of employment upon release. Anger management schemes and social skills training reduce recidivism. However, access to these programs is inconsistent.
Link: This supports the rehabilitative aim of custodial sentencing and its potential to benefit offenders, though consistency remains an issue.
What is one evaluation point about recidivism rates in other countries?
Point: Alternative systems demonstrate success.
Explanation: Norway’s emphasis on rehabilitation over punishment has led to the lowest recidivism rates in Europe. By prioritising humane conditions and reintegration into society, Norwegian prisons contrast sharply with the UK system, which has high recidivism rates.
Link: This suggests that reforming the prison system to focus on rehabilitation rather than punishment could reduce reoffending.
