9) Custodial Sentencing

Name the aims of custodial sentencing?

• Deterrence

• Incapacitation

• Retribution

• Rehabilitation

What is meant by incapacitation?

The offender is taken out of society to prevent them reoffending as a means of protecting the public.

• The need is often dependent on the severity of the offence and the nature of the offender.

What is meant by deterrence?

The unpleasant prison experience is designed to put off the individual from engaging in offending behaviour.

It works on two levels:

• General deterrence

For society.

• Individual deterrence

For the individual personally.

What is meant by retribution?

This is society’s way of enacting revenge on the offender by ensuring their punishment is proportionate to the severity of the crime.

• It is based on the principle of “an eye for an eye”.

What is meant by rehabilitation?

This focuses on reforming the offender so they can reintegrate into society as law abiding citizens.

• It aims to address underlying issues like addiction, a lack of skills or anger management.

Name three psychological impacts of custodial sentencing?

• stress and depression

• institutionalisation

• prisonisation

Describe stress and depression as an impact of custodial sentencing with reference to a researcher?

Suicide rates are considerably higher in prison than the general population, as are incidents of self-mutilation and self-harm.

ABRAMSON ET AL:
Suggests that depression is mainly caused by both feelings of helplessness and hopelessness.

• The stress of prison also increases the risk of developing psychological disorders during incarceration and following release.

Describe institutionalisation as an impact of custodial sentencing?

Institutionalisation refers to the psychological and behavioural changes that occur when prisoners adapt to the highly structured and controlled environment of prison life.

• Inmates can become so accustomed to strict routines, rules and lack of autonomy that when released, they struggle to function.

  • E.G: An inmate who relies on the prisons regimented daily schedule may feel overwhelmed by decision making or responsibility for day to day necessities when released.

Describe prisonisation as an impact of custodial sentencing?

Prisonisation describes the process by which prisoners internalise the norms, values and behaviour associated with the prison environment - often referred to as the “inmate code”.

• These norms may reward behaviours such as a distrust of authority, aggression, solidarity with fellow inmates and discouraging cooperation with prison staff.

• Although these behaviour may help prisoners adapt and survive within prison, they can have negative consequences after release.

Describe recidivism with reference to research?

Recidivism refers to reoffending, and its rates in ex-prisoners tell us to what extent, prison acts as an effective deterrent.

YUKHNENKO ET AL (2019):

Proven figures in the UK find that within one year of release, reoffending rates have recently been around 45%.

• These rates vary with time after release, age of offender, crime committed and country.

In the US, Australia and Denmark, figures regularly exceed 60% reoffending within one year.

In Norway, rates have been as low as 20% in one year.

• This is partly because they place less emphasis on incarceration.

Evaluate three limitations of custodial sentencing?

LIMITATION: NEGATIVE PSYCHOLOGICAL IMPACT

BARTOL:
Imprisonment is ‘brutal, demeaning and generally devastating’ for many offenders.

MoJ:

In 2016, there were 119 suicides in prisons across England and Wales.

• This is nearly nine times higher than that of the general population.

PRISON REFORM TRUST:

25% of female prisoners and 15% of male prisoners exhibit symptoms of psychosis, such as schizophrenia.

These findings highlight the damaging effects of oppressive prison environments on mental wellbeing, raising concerns about the potential hindrance to rehabilitation efforts.

LIMITATION: SCHOOL FOR CRIME

Offenders may learn to become better offenders.

• Incarceration with long term offenders may give younger inmates in particular, the opportunity to learn the ‘tricks of the trade’ from more experienced prisoners.

  • Offenders may also acquire criminal contacts whilst in prison, that they may use when released.

This form of ‘education’ may undermine attempts to rehabilitate prisoners and consequently, makes reoffending more likely.

LIMITATION: BETTER ALTERNATIVES?

The cost of prison care and the problems associated with custodial sentencing means that alternatives such as probation and community service may be better.

KLEIN ET AL:
Cautions are more effective deterrents than arrests.

• Offenders given community rehabilitation rather than prison sentence, are less likely to reoffend.

• Non-custodial sentencing would also help to avoid some of the psychological problems that can come about as a result of incarceration.

Suggests that these forms of dealing with offenders could be better and more effective in the long term.

Evaluate one strength of custodial sentencing?

A key strength of custodial sentencing is its potential for rehabilitation through training and education.

• The development of skills that improve their chances of employment after release.

  • Reduces chances of reoffending.

SHIRLEY:

• Participating in college education programs lower reoffending rates by 43% and contributes to reduced prison violence.

This suggests that when accessible, such programs make imprisonment a more constructive experience, helping offenders reintegrate into society successfully.