ESSAY CUSTODIAL SENTENCING

4 aims

Deterrence, incapacitation, rehabilitation and retribution

Deterrence

Based around the concept of an unpleasant prison experience designed to put the individual or society off of commiting crimes. There are two levels: general and individual

General

Sends a broad message to society

Individual

Aims to prevent recidivism

Incapacitation

The removal of the offender from society to prevent reoffending and protect the public

Retribution

Where the victim or society has revenge by making the offender suffer results in justice

Rehabilitation

Aims to have the offender leave prison ‘reformed’ and a better person via treatments such as therapy and education

3 psychological effects of custodial sentencing

Stress and depression, institutionalisation and prisonalisation

Stress and depression

Common at start of sentence and may appear at the end. Includes sleeplessness, restlessness and anxiety, as well as suicide, self harm and psychosis

Institutionalisation

This means the prisoner is accustomed to the routine of prison and may have trouble acclimatising to the world when released

Prisonalisation

A set of norms for behaviours inside prison which arent normal outside prison, making them unacceptable

WEAKNESS - HIGH RECIDIVISM RATE

May not effectively rehabilitate or act as a true deterrence for the individual. In 2007, 14 prisons in england and wales had recidivism rates of over 70%. Further, the prospect of a school of crime exposed prisoners to more offending values and techniques. Also, poor post release environment could mean a lack of oppourtunity because of criminal records

WEAKNESS - INDIVIDUAL DIFFERENCES

Custodial sentencing has different effects on different people. Factors such as particular prison, length of sentence previous experience and pre existing mental difficulties also take part. Heather 1977 stated that 1/5 of people sentenced to life had psychotic symptoms but it was unclear if they were due to imprisonment, or additional factors. Weakness bc it means it cannot generalise to all prisoners

WEAKNESS - EVIDENCE TO SUPPORT EFFECTS OF CUSTODIAL SENTENCING.

British prison suicide rates are 15x higher than in the general population, particularly in single men early on in their sentence. Prison reform trust showed 25% of women and 15% of men with psychotic symptoms, showing custodial sentencing isnt effective at rehabilitation, especially for those at their most vulnerable

STRENGTH - NORWAY’ RECIDIVISM RATES ARE LESS THAN HALF OF THOSE IN THE UK

Norweigan prisons are much more open with their emphasis on rehabilitation skills and have showed numerous cases where custodial sentencing effectively rehabilitated offenders. Some are critical of the Norweigan system, labelling it as soft and lacking punishment for those who have committed harsh crimes such as murder or rape.