dealing with criminals: custodial sentencing

Custodial sentencing

Judicial punishment that involves mandatory custody

4 aims of CS

1. deterrence: prison is there to prevent people from reoffending

2. Retribution: a prisoner that hurt somebody must pay for their actions

3. Incapacitation: the offender is no longer free to offend and are not a threat to society anymore. Prison is necessary for violent criminals or psychopaths who can’t control themselves

4. Rehabilitation- counselling and offending programmes are offered to teach prisoners skills to give them a better chance

Recidivism

An offender commits a crime again

• use recidivism rates to assess whether the aims of custodial sentencing are being met

• Reasons for recidivism: cost of living crises, not enough prisons

Psychological effects of custodial sentencing

1. Institutionalisation- adapting to prison life so much that they’re unable to function in the real world

2. Mental health- high rates of depression, self-harm and suicide (e.g. young men are at highest risk of suicide 24 hours into prison)

3. Prisonisation- prisons are like unis of crim- inmates learn ways of living that wouldn’t be acceptable on the outside

4. Overcrowding- 2 people cells are often designed for one. Prisoners might have to use the toilet in the cell with not privacy

Strengths of custodial sentencing

• usefulness- prisoners are offered rehabilitation in the form of counselling and therapy programmes which provides prisoners with aircraft training around life skills. It has been found that offenders who take part in educational programmes are 43% less likely to reoffend

Weaknesses of custodial sentencing

• high levels of recidivism- England and wales have recorded recidivism rates of over 70% for those who have a custodial sentence. This suggests that the aims of CS are not being completed correctly

• Doesn’t account fro individual differences- all offenders are kept the same environment where they are all treated the same. Not all offenders are achieve in aims of CS. For example, for somebody who is homeless, they may enjoy prison because it gives them shelter and food, which doesn’t show retribution.