Forensics- Dealing W/ Offending Behaviour: Custodial Sentencing Flashcards
Custodial sentencing -
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.
Recidivism -
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.
What is custodial sentencing?
Custodial sentencing involves a convicted offender spending time in prison or another closed institution such as a young offender’s institute or psychiatric hospital.
What are the four main aims of custodial sentencing?
The four main aims are:
deterrence
incapacitation
retribution
rehabilitation.
What is deterrence in custodial sentencing?
Deterrence aims to put off the individual or society from engaging in offending behavior through the unpleasant prison experience. It includes general deterrence, which sends a broad message to society that crime will not be tolerated, and individual deterrence, which prevents the offender from repeating the crime.
What is incapacitation in custodial sentencing?
Incapacitation involves taking the offender out of society to prevent reoffending and protect the public. The need for incapacitation depends on the severity of the offense and the nature of the offender.
What is retribution in custodial sentencing?
Retribution is society’s way of enacting revenge for the crime by making the offender suffer proportionately to the seriousness of the crime, based on the idea of an “eye for an eye.”
What is rehabilitation in custodial sentencing?
Rehabilitation focuses on reforming the offender so they can re-enter society better adjusted. Prisons provide opportunities for skills development, training, and treatment programs for issues like drug addiction.
What are the psychological effects of custodial sentencing?
Psychological effects include stress and depression, with higher suicide and self-harm rates in prison compared to the general population. Institutionalisation occurs when inmates become so accustomed to prison life that they struggle to function outside, and prisonisation refers to adopting an “inmate code” where unacceptable behavior in the outside world may be encouraged in prison.
What is recidivism?
Recidivism refers to reoffending. In the UK, 57% of offenders reoffend within a year of release, with some prisons recording rates over 70%. Norway has much lower reoffending rates due to its focus on rehabilitation and open prisons.
What does research say about the psychological effects of imprisonment?
Research shows imprisonment can be “brutal, demeaning, and generally devastating.” Suicide rates among offenders are 15 times higher than in the general population, and 25% of women and 15% of men in prison report symptoms of psychosis.
How do individual differences affect the experience of custodial sentencing?
Not all offenders react the same way to prison. Factors like prison regime, length of sentence, reason for incarceration, previous prison experience, and pre-existing psychological difficulties can influence the experience.
What opportunities for training and treatment exist in prisons?
Prisons may offer education, training, anger management programs, and social skills training to help offenders reintegrate into society and reduce recidivism. However, access to these programs varies, and their long-term effectiveness is not always proven.
What criticisms exist regarding custodial sentencing?
Critics argue that custodial sentencing may act as “universities for crime,” where younger offenders learn from more experienced criminals. Alternatives like community service and restorative justice are proposed to maintain family contacts and employment while addressing offending behavior.
What did Judge Geoffrey Davies and KM Raymond conclude about custodial sentencing?
They concluded that government ministers often exaggerate the benefits of prison to appear tough on crime, but in reality, prison does little to deter others or rehabilitate offenders.
What are the benefits and shortcomings of restorative justice compared to custodial sentencing?
Restorative justice focuses on repairing harm caused by crime through dialogue between offenders and victims. Benefits include maintaining family and employment ties, while shortcomings may include perceived leniency and lack of deterrence.
