Lesson 9: Custodial Sentencing

Question 1

What are the aims of Custodial Sentencing? (4)

Answer 1

• Deterrence
• Incapacitation
• Retribution
• Rehabilitation

Question 2

Describe each aim

Answer 2

• Deterrence: Unpleasant experience designed to put a person off engaging in offending behaviour. There are 2 levels: general and individual. General sends a broad message to members of society that crime is not tolerated. Individual prevents individuals from repeating crimes
• Incapacitation: Offender taken out of society to prevent reoffending to protect public
• Retribution: Society enacting revenge by making offender suffer. Level of suffering is proportionate to crime
• Rehabilitation: Prisoners should be better adjusted and ready to take their place in society. Prisons should provide opportunities for skills, treatments and counselling so offenders can reflect on crimes.

Question 3

What are the psychological effects of Custodial Sentencing

Answer 3

• Psychological disorders
• Institutionalisation
• Brutalisation
• Labelling

Question 4

Describe the Psychological Effects

Answer 4

• Psychological disorders: high instances of mental illnesses + self harm + suicide + low self esteem. 25% of women & 15% of men reported signs of psychosis in prison. Aggressive regime of prison can trigger this.
• Institutionalisation: lack of autonomy and conformity to role of prisoner. Leads to dependency on prison culture
• Brutalisation: Can act as school of crime and reinforces criminal behaviour. Leads to high recidivism, 70% of young offenders reoffend within 2 years
• Labelling: Prisoners lose touch with social contacts and find it hard to gain employment as they are labelled as a criminal

Question 5

Evaluation (+)

Answer 5

• Useful as it shows justice has been done, and limits danger to public. Prisoners have education and training, increasing likelihood of employment. Treatments like anger management help modify offender’s behaviour and avoid reoffending

Question 6

Evaluation (-)

Answer 6

• Suicide rates are 15% higher in prison than generally. Hard to demonstrate that psychological disorders are caused by imprisonment. They may have had problems before they were institutionalised
• Courts are selective about who they send to prison. 8-10% of criminals commit 50% of all crimes. Custodial sentencing is reserved for repeat offenders
• Crime prevention is more effective as it avoids labelling and the effects of prison. Alternative solutions are better as it lets them keep their job and socials e.g community service.
• Psychologists found that government ministers exaggerate the benefits of prison to look tough on crime. In reality, prison does title to deter or rehabilitate offenders. It is to appease the public and for retribution.