Responses to Crime

Question 1

Introduction - 1/2

Answer 1

In the UK and Scotland, there are multiple methods of responding to crime. This includes both custodial sentences, which involve time spent in prison, and non-custodial alternatives, which are often used in response to less serious crimes. These include fines, electronic tagging and community service.
While custodial sentences have their advantages and disadvantages, it can be argued that in some instances non-custodial alternatives may be more appropriate and indeed effective. For example, in the case of non-violent offenders, it would be a much more cost effective solution to give them a non-custodial sentence, and this would also offer a more ‘normal’ experience, so offenders would not run the risk of radicalisation etc. in prison.

Question 2

Introduction - 2/2

Answer 2

However, it is not advisable to give non-custodial sentences to sex offenders or murderers etc. as these offenders pose a high risk to society, so a prison sentence is much more appropriate in order to protect the public. For example, Scotland has introduced new sentencing guidelines for under-25s, meaning that those under-25 at the time of their guilty plea, or the finding of guilt against them, will be sentenced differently than those above this age. This shows that as a country, we understand the lasting impact of custodial sentences, and are actively trying to avoid this for the nation’s young people, in order to protect their best interests.

Question 3

Safety of public - POINT/EXPAND

Answer 3

One advantage of custodial sentences, as opposed to their non-custodial alternatives, is that they offer protection to the public. Keeping offenders off the streets means that they are no longer a threat to the public and cannot harm anyone, which can reduce crime in the short term.

Question 4

Safety of public - EXAMPLE

Answer 4

For example, in Paisley in July of 2017, James Wright, a convicted criminal who removed his own electronic tag, killed Craig McClelland in a random street attack. This attack would not have been able to take place were Wright serving a custodial sentence, meaning McClelland would still be alive today. Custodial sentences are effective at keeping criminals of the streets to protect the public.

Question 5

Recidivism rates - COUNTER-POINT

Answer 5

However, recidivism rates for those who spend time in prison are extremely high. This means that of those who receive custodial sentences, a large percentage of them will go on to reoffend, and spend more of their life in prison.

Question 6

Recidivism rates - EXAMPLE

Answer 6

Recidivism rates have shown a decrease of 16% in the past decade. However, this may be explained by a recent change to the system where offenders are not sent back to prison upon reconviction after having served a custodial sentence. In 2016/17 over ¼ of offenders were reconvicted within a year. This shows that a large portion of released offenders go on to reoffend and do so within a short period of time, and around 35% of offenders will be reconvicted in the long term.

Question 7

Recidivism rates - COMPARISON

Answer 7

Offenders will continue to be sentenced repeatedly until the root of their problems are tackled, be that a drug dependency, financial struggles, etc.
Norway, for example, has a much lower recidivism rate, with around 20% of released offenders being reconvicted later in their life. In this way, prisons are not entirely effective at reducing recidivism.

Question 8

Justice - POINT/EXPAND

Answer 8

Another positive aspect of prison sentences is that they provide justice for victims. Many feel that if an offender is receiving community service, for example, they are not being given a harsh enough sentence for the crime they have committed. A custodial alternative would not only likely provide a less pleasant experience, but also may be endured for longer.

Question 9

Justice - EXAMPLE

Answer 9

For example, Birmingham Crown Court imposed 26 concurrent life sentences upon Andrew Aston who, in the previous year, assaulted and robbed 26 elderly people in their homes.

Question 10

Justice - COMPARISON

Answer 10

The United States often gives longer sentences than the UK. The longest sentence ever given in the US was imposed upon Oklahoma child rapist Charles Scott Robinson in 1994, and it was 30,000 years to be served consecutively. This is 5,000 years for each of the 6 children Robinson assaulted.

Question 11

Justice - A/E

Answer 11

In this aspect, custodial sentences are effective at bringing around justice, as it ensures that offenders are punished harshly, and will never face release, in order to pay for their crimes. It can be argued that taking away any hope of release is a violation of an offender’s human rights, however, the case can also be made that upon committing these crimes, an individual forfeits their rights to freedom etc. While previously, the death sentence was the most common punishment for crimes of this nature, this has now been outlawed in most states, and the wider world, as it is recognised as a violation of the right to life. In some ways, it could be argued that a death sentence would be kinder on the prisoner than forcing them to live the rest of their life in prison with no hope of release.

Question 12

Overcrowding - COUNTER-POINT

Answer 12

However, overcrowding is a huge issue in prisons in Scotland and the UK as a whole. This causes the living conditions within these prisons to be radically decreased, which can have a severe negative effect on inmates. It can lead to exposure to hardened criminals, which could even lead to the development of a drug dependency or involvement in a gang.

Question 13

Overcrowding - EXAMPLE

Answer 13

For example, HMP Barlinnie in Glasgow is operating at 140% capacity with more than 1400 prisoners when it should only house 1019. Because of this, criminals may actually face greater issues and even be a greater threat to society after serving their sentence.
This means that because of overcrowding issues, prisons may not be completely effective in preventing criminals from posing a threat to the public in the long term.

Question 14

Overcrowding - COMPARISON

Answer 14

While the US has one of the world’s highest incarceration rates, it is only the 113th most overcrowded prison system, operating at 105% capacity.

Question 15

Overcrowding - A/E

Answer 15

This means that the US Government has to spend huge amounts of money on their prison service, in order to avoid high levels of overcrowding; money which could arguably be put to better use, for example, funding the education system. Overcrowding means that custodial sentences are not entirely effective, as they put offenders at risk of developing further issues while in prison.

Question 16

Rehab - POINT/EXPAND

Answer 16

A third benefit to custodial sentences is that they offer rehabilitation for offenders. This means that while they are serving their time in prison, offenders are given the opportunity to go through a rehabilitation program, which may help them to overcome their personal issues, which, in the long run, could prevent reoffending.

Question 17

Rehab - EXAMPLE

Answer 17

In 2018, Scottish recidivism rates reached a 19-year low, and many put this down to the rehabilitation programmes within Scottish prisons.

Question 18

Rehab - COMPARISON

Answer 18

New Zealand opened a ‘humane’ prison in 2018 for violent offenders. This environment includes extensive rehabilitation programs which involve sun baths and yoga. The prison also operates a mental health unit to support mentally ill inmates. Cells have their own showers and TVs. This provides a more positive environment than standard prisons, which allows prisoners to grow and develop a healthier mindset, as well as giving them the chance to understand the severity of their actions.

Question 19

Rehab - A/E

Answer 19

Since the environment is much closer to normal life than a usual prison, it allows inmates to develop social and transferable skills, meaning that upon release, they are much better equipped to enter the workplace, and become a functioning member of society. This will reduce recidivism as offenders are well-integrated into the community and have received help to cope with their issues, such a drug dependency or mental health struggles.

Question 20

Cost - COUNTER-POINT

Answer 20

However, prison sentences are very expensive as opposed to non-custodial alternatives. This means that even if custodial sentences were very effective, they still cost the taxpayer a large amount of money, and there is question over whether this is worthwhile for all offenders.

Question 21

Cost - EXAMPLE

Answer 21

According to former Chief Inspector of Prisons, David Strang, it costs around £35,000 every year to keep an offender in prison, and with roughly 8,000 people in prison in Scotland, this means that taxpayers pay approximately £280 million every year on custodial sentences. Were non-violent offenders to be given non-custodial sentences, taxpayers would save money, and there would be little risk to the public. In 2017, Strang called for an end to custodial sentences of less than 12 months, as he says these sentences do not reduce crime and are not effective at rehabilitating prisoners. The Scottish Government encourages courts to only apply custodial sentences to very violent criminals, and that non-custodial sentences should be preferred. This is contested by the opposition but is supported by Scottish Labour, the Scottish Greens and the Scottish Liberal Democrats.

Question 22

Cost - COMPARISON

Answer 22

As the United States has an exceptionally high incarceration rate, it is no surprise that they also spend masses of money on their prison service - over $80 billion every year. Were they to issue community service orders, for example, in the cases of minor crimes, these expenses could be reduced.

Question 23

Cost - A/E

Answer 23

This means that custodial sentences are not necessarily providing good value for money for the public. While many blame the high crime rates in the US on high urban density, Japan’s population per square mile is much higher and they have one of the world’s lowest incarceration rates. This can be linked to a difference in culture between the countries. In Japan, values of honour and social responsibility are far more deeply rooted than in western nations, and as well as this, Japan is far more controlled in terms of firearms, which also prevents crimes. Sentences are also far more lenient in Japan, whereas the US is known for its lengthy sentences, Japanese courts often opt for alternatives. This difference in attitudes and expectations between the countries can largely explain the difference in offending rates, where a more ‘friendly’ and interdependent attitude in Japan results in high rates of incarceration, the USA’s harsh sentencing and uncontrolled firearms has created an atmosphere in which crime can thrive.

Question 24

Conclusion

Answer 24

Overall, custodial sentences are largely effective at bringing about justice for victims by delivering a harsher punishment and protecting the public while offering rehabilitation programmes for offenders in an attempt to prevent recidivism. However, prison sentences are very expensive for the taxpayer and it could be argued that in some cases, this money could be better spent elsewhere. Perhaps for less serious crimes, non-violent offenders for example, non-custodial alternatives could be more appropriate. This would not only be much cheaper, but could also help tackle the issue of overcrowding, and has been proven to be more effective at reducing recidivism.