Dealing with offending behaviour: Custodial sentencing

define custodial sentencing

A decision made by a court that punishment for a crime should involve time being in custody (incarceration in prison or some other closed therapeutic/educational institution)

define recidivism

Reoffending, a tendency to replace a previous condition or mode of behaviour

what are the aims of custodial setencing?

deterrence, incacipitation, retribution, rehabilitation

Deterrence means prison is designed to be…

an unpleasant experience to put off the individual from engaging in offending behaviour

deterrence aims to…

send a broad message to a given society that crime will not be tolerated (general deterrence) & to prevent the individual from repeating the same offences in light of their experience (individual deterrence)

deterrence is based on the…

behaviourist idea of conditioning through vicarious punishment

incacipitation means the offender is taken…

out of society to prevent them from reoffending as a means of protecting the public

The need for incapacitation is likely to depend upon…

the severity of the offence & the nature of the offender

retribution is society…

enacting revenge for the offence by making the offender suffer

in retribution the level..

of suffering should be proportionate to the severity of the offence

retribution is based on the biblical notion..

‘an eye for an eye’

retribution is important as prison is viewed by many as…

the best option as alternatives to prison are criticised as soft option

rehabilitation is the objective of prison is…

to reform

Rehabilitation aims for offenders to…

leave prison adjusted & ready to take their place back in society

Prison should provide…

opportunities to develop skills & training or access to treatment programmes as well as giving the offender a chance to reflect on the offence

what are the psychological effects of custodial setencing?

stress & depression, institutionalisation, prisonation

what is the psychological effect of stress & depression?

suicide rates, incidents of self-mutilation & self-harm are considerably higher in prison than in the general population. The stress of the prison experience also increases the risk of developing psychological disorders following release

what is the psychological effect of institutionalisation?

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

what is the psychological effect of prisonation?

Prisoners are socialised into adopting a ‘prison code’. Behaviour that is unacceptable outside the prison walls would be encouraged and rewarded

what is recidivism

re-offending

Recidivism rates in ex-prisoners informs…

to what extent prison acts as an effective deterrent

The Ministry of Justice stated that…

45% of the UK offenders will reoffend within a year of release

Norwegian prisons have some of the lowest recidivism rates in the world - …%.

20

Norwegian prisons have…

less emphasis on incarceration & greater emphasis on rehabilitation & skills development

explain negative psychological effects on prisoners

research has suggested that imprisonment can be brutal, demeaning and generally devastating. According to the Ministry of Justice 119 people killed themselves in prisons in England & Wales in 2016 - a 32% increase from the previous year. The suicide rate for inmates is 9x higher than the general population and those most at risk are young men during the first 24 hours of incarceration. A study conducted found that 25% of women & 15% of men reported symptoms of psychosis whilst imprisoned

explain custodial sentencing provides opportunity for treatment

one objective of imprisonment is rehabilitation, offenders may become between people during their time in prison & their improved character may allow them to go on to lead a crime-free life. Many offenders access education & training whilst in prison increasing the possibility they will find employment upon release. Research has found that offenders who take part in college education programmes are 43% less likely to reoffend following release & that prisons who offer these programmes report fewer instances of violence

explain offenders may learn to become better offenders while in prison - a so called ‘school for crime’

alongside the legitimate skills that offenders may acquire during their time in prison, they may also undergo an education into crime. Incarceration with long-term offenders may give younger inmates the opportunity to learn from more experienced prisoners. Offenders may also acquire criminal contacts whilst in prison that they may follow up on when they are released