Custodial Sentencing

Custodial sentencing

When an offender is imprisoned or detained in a secure institution.

Aims of custodial sentencing

Four main aims: deterrence, incapacitation, retribution and rehabilitation.

General deterrence

Discourages the public from committing offences.

Individual deterrence

Discourages the offender from repeating the crime.

Incapacitation

Protects the public by removing dangerous offenders from society.

Retribution

Punishment based on the idea of justice and moral outrage.

Rehabilitation

Aims to reform offenders through education, therapy and training.

Psychological effects of imprisonment

Imprisonment can create harmful emotional and behavioural consequences.

Stress and anxiety

Prison environment causes high levels of anxiety and fear.

Depression and suicide

Prisoners at higher risk of self-harm due to stress and isolation.

Prisonisation

Adopting norms and values of prison subculture, including criminal codes.

Prisonisation effect

Makes reintegration harder; reinforces criminal identity.

Institutionalisation

Offenders become dependent on structured prison routines.

Institutionalisation effect

Struggle to cope in the outside world after release.

Overcrowding

Leads to stress, violence and aggression within prisons.

Violence in prisons

High aggression rates due to crowding, frustration and lack of stimulation.

De-individuation

Prison uniforms and loss of identity can increase aggression.

Recidivism

Reoffending after release from prison.

UK recidivism rate

Approximately 50 percent reoffend within a year of release.

Reasons for high recidivism

Lack of support, poverty, addiction, unemployment, stigma.

Rehabilitation failure

Many prisons lack sufficient programmes or psychological support.

Strength: protection of society

Immediate safety benefits by removing dangerous offenders.

Strength: opportunity for reform

Prisons offer education, training and therapy.

Strength: justice for victims

Provides closure and sense of moral accountability.

Limitation: psychological harm

High rates of mental illness and self-harm in prisons.

Limitation: high recidivism

Prisons often fail to prevent future offending.

Limitation: institutionalisation

Offenders may lose ability to function independently.

Limitation: differential effect

First-time offenders often harmed more than reformed.

Limitation: cost

Prisons are extremely expensive compared to community punishments.

Alternatives to custody

Community service, probation, restorative justice, fines.

Evaluation summary

Prisons protect society short-term but often fail long-term rehabilitation.