Lesson 9: Custodial sentencing

Question 1

What is custodial sentencing?

Answer 1

involves a convicted offender spending time in PRISON or another closed institution e.g a young offenders institute or psychiatric hospital

Question 2

What are the FOUR aims of custodial sentencing
(Hint: Don’t Ignore Real Rehabilitation)

Answer 2

1. Detterence
2. Incapacitation
3. Retribution
   4.Rehabilitation

Question 3

Aim of deterrence?

Answer 3

Unpleasant prison experience is designed to DETER an individual from engaging in OFFENDING behaviour in the future

Question 4

What are the two types of deterrence?

Answer 4

General deterrence
Individual detterence

Question 5

What is the aim GENERAL deterrence?

Answer 5

aims to send a BROAD message to members of society that CRIME will not be tolerated

Question 6

What is the aim INDIVIDUAL deterrence?

Answer 6

aims to prevent the INDIVIDUAL from repeating the same crime

Question 7

What is the aim of incapacitation?

Answer 7

The offender is TAKEN OUT of society to prevent them from REOFFENDING , as a means of protecting the public

Question 8

What is Retribution?

Answer 8

society is enacting REVENGE for the crime by making the offender SUFFER , the level of suffering should be PROPORTIONATE to the crime

Question 9

What is rehabilitation?

Answer 9

refers to the process of HELPING individuals who have committed crimes to REINTERGRATE into society as law-abiding citizens

Question 10

What are the 4 psychological effects of Custodial sentencing?
(Hint: Pathways Inside Break Limits)

Answer 10

1. Psychological disorders
2. Institutionalisation
3. Brutalisation
4. Labelling

Question 11

Outline Psychological disorder as an effect of custodial sentencing

Answer 11

Prisons have HIGHER incidences of mental illnesses e.g depression, anxiety, self-harm, suicide + low self-esteem.

Study by the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported PSYCHOSIS.

The OPPRESSIVE prison regime can trigger psychological disorders

Question 12

Outline institutionalisation as an effect of custodial sentencing

Answer 12

Spending time in prison leads to lack of AUTONOMY, CONFORMITY to the role of the prisoner and a DEPENDENCY on prison culture

Question 13

Outline Brutalisation as an effect of custodial sentencing

Answer 13

Surrounds the idea that prison acts as a “school of crime” and REINFORCES criminal lifestyle + criminal norms.

This leads to HIGH RECIDIVISM, 70% of young offenders re-offend within 2 years

Question 14

Outline labelling as an effect of custodial sentencing

Answer 14

Prisoners often lose touch with PREVIOUS social contacts + find it difficult to find employment as they are labelled as a criminal.

This will contribute to the likelihood of recidivism

Question 15

Positive evaluation of Custodial sentencing
(limits danger, modify behaviour, avoid reoffending)

Answer 15

+ 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.

Question 16

Negative evaluation of Custodial sentencing
(Suicide rates)

Answer 16

• 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.

Question 17

Negative evaluation of Custodial sentencing
(Hint: Crime prevention> custodial sentencing)

Answer 17

• 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.

Question 18

Negative evaluation of Custodial sentencing
(Hint: Government ministers, exaggeration)

Answer 18

• 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.