Forensic Psychology - Custodial Sentencing

Custodial Sentencing

When a convicted offender spends time in prison/another insitute.

Aims of Custodial Sentencing

1. Deterrence

2. Incapacitation

3. Retribution

4. Rehabilitation

Deterrence

Unpleasant prison is supposed to deter people from offending - general deterrence sends broad messages to all, while individual prevents the same person reoffending.

Incapacitation

Offender removed from society to protect public

Retribution

Enacting revenge for the crime by making the offender suffer - eye for an eye

Rehabilitation

Prison shouldn’t purely punish, but also reform so offender leave prison ready for society

Psychological Effects of Custodial Sentencing

• Stress and depression - higher suicide rates/psychological disturbance

• Institutionalisation - adapting to prison means they can’t function on the outside

• Prisonisation - prisoners are socialised into adopting an inmate code of conduct

Recidivism

Re-offending

Research Support

P - Research supports psychological effects

E - Prison Reform Trust (2014) - 25% of women and 15% of men reported psychosis

E - oppressive regime may trigger psychological disorders

L - custodial sentencing not effective for rehab

Individual Differences

P - individual differences

E - different prisons, different regimes, varying sentences, pre-existing psychological symptoms

E - could all be important mitigating factors

L - difficult to make general universal conclusions

Universities for Crime

P - Universities for Crime

E - may undergo a dubious education part of sentence

E - hardened criminals may educate youth on tricks of the trade

L - undermines attempts to rehab offenders

Alternatives to CS

P - Alternatives to CS

E - Davies and Raymond (2000) - gov ministers exaggerate benefits of prison to appear tough on crime

E - generally, prison does’t deter others nor rehab, community service and restorative justice proposed

L - family contacts and perhaps employment can be maintained