lesson 9 - custodial sentencing

Question 1

what does custodial sentencing involve

Answer 1

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

Question 2

what are the 4 aims of custodial sentencing

Answer 2

deterrence
incapacitation
retribution
rehabilitation

Question 3

what is deterrence

Answer 3

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

Question 4

what is incapacitation

Answer 4

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.

Question 5

what is retribution

Answer 5

Retribution – Society is enacting revenge for the crime by making the
offender suffer, and the level of suffering should be proportionate to
the crime.

Question 6

what is rehabilitation

Answer 6

Rehabilitation – Upon release, prisoners should be better adjusted and ready to take their place in society. Prison 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.

Question 7

what are the 4 psychological effects of custodial sentencing

Answer 7

psychological disorders
institutionalisation
brutalisation
labelling

Question 8

explain psychological disorders as an effect of custodial sentencing

Answer 8

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. Zimbardo’s
(1973) ‘Stanford Prison Experiment’ demonstrated the psychological
effects of imprisonment.

Question 9

explain institutionalisation as an effect of custodial sentencing

Answer 9

Institutionalisation – Spending time in prison leads to a lack of autonomy,
conformity to the role of prisoner and a dependency on prison culture.

Question 10

explain brutalisation as an effect of custodial sentencing

Answer 10

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.

Question 11

explain labelling as an effect of custodial sentencing

Answer 11

Labelling – Prisoners often lose touch with previous social contacts and
find it difficult to gain employment because they are labelled as a
criminal. This will all contribute to an increased likelihood of recidivism.

Question 12

strengths of custodial sentencing

Answer 12

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 13

weaknesses of custodial sentencing

Answer 13

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.

• 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.
• Crime prevention is more effective than custodial sentencing (Harrower,
  2001) 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.
• 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.