Custodial Sentencing and Recidivism 🔴

What is custodial sentencing?

Holding convicted criminals in a secure facility like a prison or if appropriate a young offenders institution or psychiatric hospital

What are the 4 aims of custodial sentencing?

• Deterrence

• Incapacitation

• Retribution

• Rehabilitation

Aim of custodial sentencing → Deterrence

To stop criminals reoffending and members of society committing crimes

Aim of custodial sentencing → Incapacitation

Protects society from the criminals actions/behaviour while in prison

Aim of custodial sentencing → Retribution

Providing the victim and society with a sense that criminals have paid for their crime

Aim of custodial sentencing → Rehabilitation

Opportunity to learn new skills (training) and behaviour (therapy)

What are the 3 psychological effects of custodial sentencing?

• Depression

• Institutionalisation

• Deindividuation

Psychological effect of custodial sentencing → Depression

Prisoners often feel helplessness in a frightening environment. This results in high levels of stress. Levels of self harm and suicide are high in prisons

Psychological effect of custodial sentencing → Institutionalisation

Prisoners adapt to the prison environment and routines and then after release struggle to adjust to life outside

Psychological effect of custodial sentencing → Deindividuation

Prisons can strip people of their sense of socialised individual identity. This process can lead to the highly aggressive behaviour seen in prisons

What is recidivism?

• When an offender reoffends after release

• Could be due to institutionalisation or developing pro criminal attitudes while in prison (differential association)

• Other risk factors are homelessness and drug addiction

• Recidivism is a large problem. A study following UK criminals over 18 years found 77% of ex inmates went on to reoffend

AO3 - Ineffective

As so many ex inmates reoffend, 77% according to one 2020 study, prisons may not deter or reform offenders and only incapacitate for the time they are in prison. However as reoffending rates are much higher for short sentences of less than 6 months at 84.9% compared to more than 4 years at 32.2% it could be argued that short sentences are not long enough to deter or reform

AO3 - Links to differential assocation

Considering the implications of differential association, custodial sentencing may be counter productive, it could be that putting large numbers of criminals together reinforces pro criminal attitudes and the sharing of criminal skills

AO3 - Custodial sentencing is expensive

The cost per prisoner per year in the UK in 2020 is over £42,000. As recidivism rates are so high, from a cost benefit analysis it may be better to try different approaches to protect society from offenders

AO3 - Societal expectations

Many members of wider society think giving offenders long custodial sentences, especially in difficult prison environments is an appropriate punishment for crimes. This provides suitable retribution for the victims. Other approaches lacking in severe retribution are often considered as ‘soft’ options