Dealing with offending behaviour: custodial sentencing

What is custodial sentencing

A decision made by a court that punishment for a crime should involve time being in custody (prison), or in another institution such as a psychiatric hospital

4 main aims of custodial sentencing

• deterrence

• Incapacitation

• Retribution

• Rehabilitation

Deterrence

The unpleasant prision experience is designed to put off the individual from engaging in offending bvr

Deterrence works on two levels -

• general deterrence - aims to send a broad message to members of a given society that crime will not be tolerated

• Individual deterrence - should prevent the individual from repeating the same offences in the light of their experience

Incapacitation

The offender is taken out of society to prevent them reoffending as a means of protesting the public. The need for incapacitation is likely to depend upon the serverity of the offence and the nature of the offence

Retribution

Society is enacting revenge for the offender by making the offender suffer and the level of suffering should be porportionate to the seriousness of the offence

This based on ‘eye for an eye’ that offender should in some way pay for their actions. Many people see prisons as the best possible option in the sense and alternatives to prison are often criticised as the soft option

Rehabilitation

Many people would see prisons main objective as not purely punishment but to reform. Upon reuse offenders should leave prison better adjusted and ready to take their place back into society. Prison should provide opportunities to develop skills and training or to access treatment programmes as well as give the offender the chance to reflect in their offence

Psychological effects of custodial sentencing

• stress and depression - suicide rates are considerable higher in the prison than in the Bernal population, as are incidents of self harm

• Institutionalisation - having adapted to the norms and routines of prision life inmates may be so accustomed that they are no longer able to function adequately on the outside

• 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 that institution

The problem of recidivism

• recidivism refers to reoffending

• In the uk 45% of people reoffend within a year of being released

• Reoffending rates vary with age, time period after release and country

In Norway recidivism rates are 20%, with US, Australia and Denmark record rates are 60%

Negative psychological effects

P. One limitation is negative psychological effects

E. Bartol found 119 suicides in prision in England and Wales in 2016, one every 3 days on average. 9x higher then general population. Most at risk are young dingle men in the first 24 hours

E. Prison reform trust - 25% of women and 15% of men reported symptoms of psychosis

L. Prison may be detrimental to psychological health and impact on rehab

Training and treatment

P. One strength is training and treatment as one aim of CS is rehab

E. Shirley suggested Vera institute of justice claims that offenders who take taper in collage education programmes are 43% less likely to re offender after release and prison have less violence

E. Rehab improves a character and this may led to a crime free life

L. Reoffending lowered when offender can access these programmes

H. These programmes are hard to ‘enforce’ and are not representative of the experience of most prisoners

Schools for crime

P. One limitation is CS provide schools for crime

E. ‘Tricks for the trade’ and criminal contacts means socialisation with long term experiences offenders and follow up associates upon release

E. Rehab may be undermined by this education in crime

L. Reoffending at be more likely, explaining by DA theory

H. Rehab is only one aim of prisons, despite this it still achieves others eg: deterrence