Lesson 9: Custodial sentencing Flashcards
What is custodial sentencing?
Jail time or being put in a mental institute
What are the aims of custodial sentencing?
Deterrence - an unpleasant experience in prison is supposed to deter people from wanting to go there. It acts as a general deterrent to wider society and an individual deterrent so you do not commit crime again
Incapacitation - the criminal is taken out of society to prevent them from harming the public. The most extreme example is execution.
Retribution - seen possibly as enacting revenge on for the crime on behalf of the victim. Should be proportionate to the crime. The most extreme example is execution
Rehabilitation - custodial sentencing could be used to release prisoners when they are better adjusted and ready to take their place as a member of society. They should receive opportunities to develop skills or receive counselling.
What are the psychological effects of custodial sentencing?
Psychological disorders - prisoners may have higher incidences of mental illnesses like depression, anxiety, self-harm. suicide or low self-esteem. The Prison Reform Trust (2014) found that 25% of women and 15% of men reported symptoms of psychosis. Zimbardo’s SPE demonstrated these.
Institutionalisation - may lead to a lack of autonomy and conformity to the role of prisoner and a dependency on prison culture
Brutalisation - prison can act as a school for crime and can lead to the teaching of criminal activity. Recidivism is rife, with 70% of young offenders committing crime within two years of release.
Labelling - society often adopts a master status on prisoners who are then only ever seen as criminals and may find difficulties in gaining employment. This contributes to recidivism.
Strengths of custodial sentencing
- It limits the danger of the criminal offending in society and it shows that justice has been done
- It also allows them to gain access to training and education and they may be able to find employment.
- Treatment programmes like anger management therapy and social skills training may help offenders modify their behaviour and avoid reoffending
Weaknesses of custodial sentencing
- Suicide rates are 15% higher in the prison population than they are in the general population, showing adverse effects of prison on prisoners’ mental state. You could argue that prisoners had mental health issues before they came to prison though
- Courts need to be selective about who they send to prison. 8-10% of criminals commit 50% of all crimes according to Peterson, 1981. Custodial sentencing is best reserved for repeat offenders.
- David and Raymond (2000) completed a review of custodial sentencing and found that governments oversell the positives of prison in an attempt to seem like they are tough on crime. This is done to appease the public and does little to deter or rehabilitate.
