Lesson 9: Custodial Sentencing Flashcards
What is custodial sentencing?
- Involves a convicted offender spending time in prison or another closed institution, such as young offenders institute or psychiatric hospital.
Aims of Custodial Sentencing: Deterrence
- The unpleasant prison experience is designed to deter an individual from engaging in offending behaviour in the future. Deterrence works on two levels: General deterrence aims to send a broad message to members of a society that crime will not be tolerated. Individual deterrence should prevent the individual from repeating the same crime.
Aims of Custodial Sentencing: Incapacitation
- The offender is taken out of society to prevent them from reoffending as a means of protecting the public. The need for incapacitation depends upon the severity of the offence and the nature of the offender.
Aims of custodial sentencing: Retribution
- Society is enacting revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the crime.
Aims of Custodial Sentencing: Rehabilitation
- Upon release, prisoners should be better adjusted and ready to take their place in society. Prisons should provide opportunities to develop skills, receive training or to access treatment programs for addiction, as well as receive counselling and have an opportunity to reflect on their crime.
Effects of Custodial Sentencing: Psychological disorders
- Prisons have higher incidences of mental illnesses such as depression, anxiety, self-harm, suicide and low self-esteem. A study by the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms of psychosis. The oppressive prison regime can trigger psychological disorders.
Effects of Custodial Sentencing: Institutionalisation
- Spending time in prison leads to lack of autonomy, conformity to the role of prisoner and a dependency on prison culture.
Effects of Custodial Sentencing: Brutalisation
- Prison acts as a school for crime and reinforces criminal lifestyle and criminal norms. This leads to high recidivism, 70% of young offenders re-offend within two years.
Effects of Custodial Sentencing: Labelling
- Prisoners often lose touch with previous social contacts and find it difficult to gain employment because they are labelled as a criminal
Strength of Custodial Sentencing
+ Custodial sentencing can be useful. It shows that justice has been done and limits the danger to the public. Many prisoners access education and training whilst in prison, increasing the chance they will find employment upon release. Also, treatment programmes, such as anger management therapy and social skills training may help offenders modify their behaviour and so avoid reoffending.
Weaknesses of custodial sentencing (1)
- Suicide rates are 15% higher in the prison population than they are in the general population. However, it is difficult to demonstrate that psychological disorders are caused by imprisonment. Prisoners with psychiatric conditions may very well have had problems before they were institutionalised.
Weaknesses of Custodial Sentencing (2)
- The courts need to be selective about who they send to prison, 8-10% of criminals commit 50% of all crimes (Peterson 1981). Custodial sentencing is best reserved for these repeat offenders.
Weaknesses of Custodial Sentencing (3)
- Crime prevention is more effective than custodial sentencing because it avoids labelling a person as a criminal and also avoids the negative consequences of prison. Alternative sentences, such as community service, are more effective for low-risk offenders because they can keep their social contacts and their job.
Weaknesses of Custodial Sentencing (4)
- David and Raymond (2000) completed a review of custodial sentencing and concluded that government ministers often exaggerate the benefits of prison in order to appear tough on crime. They suggested that, in reality, prison does little to deter or rehabilitate offenders. It is done to appease the public or as an act of retribution.
