Forensics- Dealing W/ Offending Behaviour: Custodial Sentencing

Question 1

Custodial sentencing -

Answer 1

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.

Question 2

Recidivism -

Answer 2

Reoffending, a tendency to relapse into a previous condition or mode of behaviour; in the context of crime, a convicted criminal who reoffends, usually repeatedly.

Question 3

Custodial Sentencing

What is custodial sentencing?

Answer 3

Custodial sentencing involves a convicted offender spending time in a prison or another closed institution, such as a young offender’s institute or psychiatric hospital.

Question 4

What are the main aims of custodial sentencing?

Answer 4

1. Deterrence
   •General deterrence aims to send a message to society that crime will not be tolerated.
   •Individual deterrence aims to prevent the individual from repeating the same crime after experiencing prison.
   •This is based on the behaviourist idea of conditioning through punishment.
2. Incapacitation
   •The offender is removed from society to prevent reoffending and to protect the public.
   •The need for incapacitation depends on the severity of the offence and the offender’s nature.
3. Retribution
   •Society enacts revenge for the crime by making the offender suffer.
   •The level of suffering should be proportional to the seriousness of the crime, based on the principle of an “eye for an eye.”

4.Rehabilitation
•Prison aims not only to punish but to reform the offender.
•Offenders should leave prison better adjusted and ready to reintegrate into society.
•Prison provides training, treatment programs, and an opportunity for offenders to reflect on their crimes.

Question 5

What psychological effects are associated with custodial sentencing?

Answer 5

1.Stress and Depression
•Prisoners face higher suicide rates and incidents of self-mutilation compared to the general population.
•Psychological disturbance can also occur after release.

2.Institutionalisation
•Some inmates become so accustomed to prison life that they struggle to function in society after release.

3.Prisonisation
•Prisoners may adopt an “inmate code” where unacceptable behaviors outside the prison are encouraged within.
•This can lead to a reinforcement of criminal behavior.

Question 6

What is recidivism and how does it relate to custodial sentencing?

Answer 6

•Recidivism refers to reoffending.
•According to Ministry of Justice (2013), 57% of UK offenders reoffend within a year of release.
•Norway has much lower recidivism rates, possibly due to a more rehabilitative approach to prison.

Question 7

What evidence supports the psychological effects of custodial sentencing?

Answer 7

•Curt Bartol (1995) suggested imprisonment can be devastating, with suicide rates among offenders being 15 times higher than the general population.
•Prison Reform Trust (2014) found that 25% of women and 15% of men in prison showed symptoms of psychosis.

Question 8

How do individual differences affect the psychological impact of custodial sentencing?

Answer 8

•Different prisons have different regimes, leading to wide variations in experience.
•Factors such as sentence length, reason for incarceration, and prior experience of prison can influence how an individual reacts.
•Many offenders may have pre-existing psychological issues, which could also explain their criminal behavior.

Question 9

What are the opportunities for training and treatment in prison?

Answer 9

•Prison offers the chance for education and training, increasing the chances of employment upon release.
•Anger management and social skills training programs may help offenders gain insight into their behavior and reduce recidivism.
•However, many prisons lack the resources to provide these programs, and evidence on their long-term effectiveness is inconclusive.

Question 10

What is the risk of learning criminal behavior in prison?

Answer 10

•Prisoners, especially young offenders, may learn criminal skills from more experienced inmates.
•This can undermine rehabilitation efforts, making reoffending more likely.

Question 11

What alternatives to custodial sentencing are suggested?

Answer 11

•Some experts argue that custodial sentencing does little to deter crime or rehabilitate offenders.

•Alternatives such as community service and restorative justice have been proposed, as they allow offenders to maintain family contact and employment while serving their sentence.