Custodial sentencing

Custodial sentencing is based upon which psychological theory?

Behaviourist principles of operant conditioning (i.e. punishment)

What are the four main roles of custodial sentencing?

• Incapacitation

• Rehabilitation

• Retribution

• Deterrence

What is meant by incapacitation?

The offender is prevented from offending for the duration of the sentence

What is meant by rehabilitation?

Changing the offenders’ behaviour so they become law-abiding citizens upon release

How might rehabilitation occur in a prison?

Through education/employment programmes & treatment sessions to change attitudes & behaviours (e.g. anger management & social skills training)

What is meant by retribution?

Society “gets its own back” on the offender by making them pay for what they have done

What is meant by deterrence?

A type of vicarious learning:

• people should avoid offending if they see the negative consequences for others who have offended

• those who have received sentences in the past should avoid offending in the future if they have received a prison sentence

What are psychological effects associated with custodial sentencing?

• Depression

• Suicide

• Institutionalisation

• Prisonisation

When are stress & depression most likely within prisons?

Early in the sentence

Why might stress, depression & suicide start high but then decrease throughout the sentence?

• At the start, there is the removal of a person’s liberty (freedom to act & live without restrictions) & the stress of being separated from one’s partner, family & friends

• However, these decline as the inmate adjusts to the situation

Suicide rates are approximately how many times higher in prison compared to the general population?

4

What is meant by institutionalisation?

Having adapted to the norms & routines of prison life, inmates may become so accustomed to these that they can no longer function on the outside

• how to remember → think institutionalisation = “I can only function inside this system”

What is prisonisation?

• A process of socialisation that ranges from alterations in lifestyle (e.g. eating & sleeping habits), to adopting prison slang & the acceptance of certain norms

• Behaviour that is considered unacceptable in the outside world may be encouraged & rewarded inside an institution

  • how to remember → think prisonisation = “personality shift”

Discuss custodial sentencing in dealing with criminal behaviour (16 marks)

Write your AO1 paragraph

• Custodial sentencing occurs when offenders serve time in prison or a young offenders’ institution. It is based on behaviourist principles of operant conditioning (punishment) & has four main aims: incapacitation, rehabilitation, retribution & deterrence.

• Incapacitation refers to removing the offender from society so they cannot reoffend during their sentence. Rehabilitation refers to changing the offenders’ behaviour so they return to society as law-abiding citizens, often through education & employment programmes (e.g. anger management, CBT & social skills training). Retribution refers to society getting its “own back” on the offender for their crime. Finally, deterrence (vicarious learning) refers to discouraging criminality by showing the negative consequences, both to the offender & the public.

• Research has found that there are several psychological effects of imprisonment. Early on, inmates experience stress & depression due to the loss of freedom & separation from their family (suicide rates are 4 times higher). Institutionalisation can also occur, where prisoners become so accustomed to the norms & routine of prison life, that they struggle to adapt to life outside. Finally, prisonisation refers to prisoners becoming immersed in a process of socialisation, which includes changes in lifestyle (e.g. eating & sleeping habits) & adopting prison slang; behaviour that would be unacceptable outside prison may be encouraged & rewarded inside.

Discuss custodial sentencing in dealing with criminal behaviour (16 marks)

Write your strength AO3 PEEL (incapacitation)

• Point: One strength of custodial sentencing is that it achieves the aim of incapacitation by physically preventing offenders from re-offending.

• Evidence: For example, incapacitation is one of the central aims of imprisonment, meaning that while offenders are confined, their opportunity to re-offend in the community is removed.

• Explain: Consequently, this reduces crime in the short term & provides immediate public protection. For high-risk/violent offenders, it improves community safety & reduces the fear of crime.

• Link: Therefore, imprisonment is arguably successful in achieving the aim of incapacitation & temporarily preventing recidivism.

Discuss custodial sentencing in dealing with criminal behaviour (16 marks)

Write your strength AO3 PEEL (rehabilitation)

• Point: One strength of custodial sentencing is that prisons can provide opportunities for rehabilitation, targeting some of the underlying causes of offending.

• Evidence: For example, many custodial institutions offer programmes (e.g. anger management, CBT & educational/social skills training), which are grounded in psychological theory & designed to reduce recidivism.

• Explain: By removing criminals from certain environments (e.g. gangs or substance abuse) & placing them in structured programmes, prisons can facilitate behavioural change with potential for long-term benefits.

• Link: As such, custodial sentencing has the potential to reduce recidivism by reforming individuals rather than simply punishing offenders.

Discuss custodial sentencing in dealing with criminal behaviour (16 marks)

Write your limitation AO3 PEEL (recidivism)

• Point: One limitation of custodial sentencing is that it appears ineffective at reducing recidivism in the long-term.

• Evidence: For example, official UK statistics show that a significant proportion of prisoners reoffend within one year of release, particularly younger offenders & those serving short sentences.

• Explain: This challenges the claim that prison achieves its rehabilitative & deterrent aims, instead suggesting that prison may fail to address the underlying causes of crime (e.g. poverty or substance abuse).

• Link: Therefore, custodial sentencing often does not fulfil its central aim of reducing recidivism, limiting its overall effectiveness.