custodial sentencing

what are the aims of custodial sentencing

1. deterrence

2. incapacitation

3. retribution 

4. rehabilitation 

what is deterrence

• putting off the individual or society from engaging in offending behaviour

• general deterrence = broad message to society that crime wont be tolerated

• individual deterrence = prevent the individual from repeating the offences

• based on the view of vicarious punishment

what is incapacitation

• offenders are taken out of society to prevent them from re-offending and protect the public

• time depends upon the severity of their crime

what is retribution

• revenge for the offence making the offender suffer

• proportionate to their crime

what is rehabilitation

• offenders should leave prison ready to take their place back in society

• should provide training or education and give the offender a change to reflect

what are the psychological effects of prison 

1. stress and depression - suicide rates are higher in prison and stress increases risk of psychological disorders 

2. institutionalisation - prisoners have adapted to prison meaning they cannot function outside 

3. prisonisation - socialising into an ‘inmate code’ with behaviour that may be unacceptable in the outside world 

what is the problem with recidivism (reoffending)

• Yukjnenko et al. found the UK’s recidivism rate is 45%

• rates may vary with time period after release, age, gender and the type of crime

limitation - negative psychological effects + counterpoint

• 119 people killed themselves in prison in England and Wales in 2016 - 9x higher than general population

• 25% of women and 15% of men experienced symptoms of psychosis

HOWEVER

• doesnt include those who had symptoms of psychosis before imprisonment

• therefore there may be confounding variables

strength - training and treatment

• rehab allows offenders to re-enter society after prison

• offenders who completed college programmes were 43% less likely to reoffend

• suggests prison is worthwhile assuming prisoners have access to programmes

limitation - school for crime 

• offenders may learn from better offenders how to commit other crimes 

• older inmates may teach younger inmates tricks 

• this undermines attempts to rehabilitate offenders 

limitation - contrasting views on the purpose of prison

• half the respondents on a Onepoll survey though prisons were too soft and others thought it was too harsh

• also 40% believed the focus should be on rehabilitation