'L7a. Aims of Custodial Sentencing' and another 'L7b. Psychological effects of Custodial Sentencing'

Custodial sentencing

is a

form of punishment in which

a court had decided an

offender should spend time

in 'custody' - a prison or

some other closed

institution (e.g. hospital)

Aim 1: Deterrence

The unpleasant experience of prison

is designed to put us off from offending

General deterrence

a broad message to members of a

society that crime will not be tolerated

Individual deterrence

preventing the individual from

repeating the same crime based on their experiences

(i.e. preventing recidivism)

Aim 2: Incapacitation

The offender is taken out of society to

prevent reoffending and protect the public

Aim 3: Retribution

Society gets revenge for a crime by making

an offender suffer. The level of suffering

should be proportionate to the seriousness of the crime.

Aim 4: Rehabilitation

Some would argue prisons should

aim to reform, not just punish. Prisoners should return to

society better adjusted and able to contribute.

P1

Strength of rehabilitation:

research evidence

E1.1

Rehabilitation reduces recidivism;

training and treatment can help an

offender find employment

E1.2

Shirley (2019): offenders who did

college programmes 43% less

likely to reoffend

L1

Demonstrates prison may be a

reforming experience

(rehabilitation positive aim)

P2

Limitation: prison undermines reform

E2.1

Prison gives ‘criminal education’ from

fellow inmates; learn how to become

better offenders

E2.2

May learn ‘tricks of the trade’ or acquire

criminal contacts (future recidivism

more likely)

P3

Consider: public perception

E3.1

2015 Onepoll survey: 47% of people

saw main purpose of prison as

retribution (to punish)

E3.2

However, 40% thought main emphasis

should be rehabilitation and

integration back to society

L3

Indicates custodial sentencing should

aim to be harsh enough for

retribution but also offer offenders a

chance of reform