Dealing with offending behaviour: Custodial sentencing

What is custodial sentencing

It is when a convicted offender spending spends time in prison or another closed institution like a young offender’s institute or psychiatric hospital

What are the 4 main reasons why custodial sentencing is done

1) Deterrence

2) Incapacitation

3) Retribution

4) Rehabilitation

What is deterrence

The unpleasant prison experience is designed to put off the individual from engaging in offending behaviour. It works on two levels: general deterrence, which aims to send a broad message to members of a given society that crime will not be tolerated, and individual deterrence, which should prevent the individual from repeating the same offences in light of their experience (this view is based on the behaviourist idea of conditioning through vicarious punishment)

What is incapacitation

When the offender is taken out of society to prevent them reoffending as a means of protecting the public. The need for this is likely to depend upon the severity of the offence and nature of offender (e.g. individuals in society will require more protection from a serial murderer or rapist than an elderly person who refuses to pay council tax)

What is retribution

When society is enacting revenge for the offence by making the offender suffer, and the level of suffering should be proportionate to the seriousness of the offence. Based on the biblical notion of an ‘eye for an eye’, that the offender should in some way pay for their actions. Many people see prison as the best possible option in this sense and alternatives are criticised as “soft options”

What is rehabilitation

Many people would see the main objective of prison as not being purely to punish, but to reform. Upon release, offenders should leave prison better adjusted and ready to take their place back in society - prison should provide opportunities to develop skills and training or access to treatment programmes (e.g. for drug addiction or anger), as well as give the offender a chance to reflect on their offence

What are the 3 main psychological effects of custodial sentencing

1) Stress and depression: suicide rates are considerably higher in prison than in the general population, as are incidents of self-harm. The stress of the prison exp also increases the risk of developing psychological disorders following release

2) Institutionalisation: having adapted to the norms and routines of prison life, inmates may become so accustomed to these that they are no longer able to function on the outside

3) Prisonisation: refers to the way in which prisoners are socialised into adopting an ‘inmate code’. Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside the walls of the institution

What is recidivism and why is it difficult to obtain clear figures for recidivism rates

Reoffending. It is difficult for multiple reasons, for example it depends whether you are looking at reoffending within a year of release or a longer period. Typically in the UK the Ministry of Justice reports proven figures within one year of release (‘proven’ meaning the person has been caught)

What are the approximate recidivism rates in the UK, US, Australia, Denmark and Norway

UK: 45%

US, Australia, Denmark: 60%

Norway: As low as 20% (significant because in Norway there is less emphasis on incarceration and greater emphasis on rehabilitation and skills development

What is a limitation

The negative psychological effect on prisoners. One limitation of custodial sentencing is the negative impact it can have on prisoners’ mental health. Curt Bartol (1995) said that prison can be “brutal, demeaning and generally devastating” for many offenders.

A study by the Prison Reform Trust (2014) also found that 25% of women and 15% of men in prison showed signs of serious mental health issues, like psychosis. This suggests that harsh prison environments can harm prisoners' mental health and make rehabilitation harder

What is a counterpoint to the previous evaluation point

The Prison Reform Trust study doesn’t show how many inmates already had mental health problems before going to prison. Many offenders may have had psychological or emotional issues beforehand, which could have led to their crimes. The importation model says that prisoners might bring these issues with them into prison.

So, it’s hard to tell if mental health problems are caused by prison itself or by other factors – like the stress of being locked up or existing issues. This means there may be confounding variables affecting the link between prison and mental health

What is a strength

One strength of custodial sentencing is that it can provide opportunities for training and rehabilitation. One goal of prison is to help offenders change for the better, so they’re less likely to commit crimes after release. Many prisoners take part in education or job training, which can help them get work when they leave.

According to the Vera Institute of Justice (Shirley 2019), prisoners who join college programmes are 43% less likely to reoffend, and these prisons also have less violence. This shows that prison can be helpful, as long as offenders have access to these opportunities.

What is a limitation

Another limitation of custodial sentencing is that offenders might learn to become better criminals. While they may gain useful skills in prison, they can also pick up bad habits or criminal knowledge from more experienced inmates. Younger prisoners, in particular, may learn new ways to offend and make criminal contacts they use after release. This kind of negative learning can get in the way of rehabilitation and increase the chances of reoffending