custodial sentencing

what is custodial sentencing

an offender spending time in a prison or another closed institution

what are the 4 aims of custodial sentencing

1) deterrence - individual (offender) and general (wider society) way of preventing future punishments

2) incapacitation - offender is taken out of society to prevent further crimes or harm to others

3) retribution - society is seeking revenge for offence (punishment should be proportionate to crime)

4) rehabilitation - prisons provide opportunities to learn skills and reflect on crimes so offender can successfully re-enter society 

what are the 3 psychological effects of custodial sentencing

1) depression and stress - suicide and mental illness rates are significantly higher for prisoners (especially within first 24 hours)

2) institutionalisation - adapting norms and routine of prison to the point that offenders can’t function outside

3) prisonisation - prisoners are socialized to adopt an ‘inmate code’ which is rewarded inside but unacceptable outside

what is recidivism and what does it indicate about prisons

reoffending - tells us how effective of a deterrent prison is

what is the UK reidivism rate compared to Norway and why ia this so significat

Uk is 60% whereas Norway is 20% - Norway has a heavier focus on rehabilitation and skill development during custodial sentencing

what is a strength of custodial sentencing

it provides an opportunity for rehabilitation (e.g. skills, training and addiction) - Vera Institute of Justice found that offenders who take part in college programmes are 43% less likely to reoffend, and less violence was found in prisons with rehabilitation 

what are 2 limitations of custodial sentencing 

school of crime - many offender learn skills from each other while in prison in order to become better criminals upon release and gain criminal contacts - undermines rehabilitation

psychological effects - Ministry of Justice recorded 119 suicides within prison (9 times the general population rate) + Prison Reform Trust found that 25% of women and 15% of release men reported symptoms of psychosis while in prison