Custodial Sentencing

Aims of Custodial Sentencing

Two types:

• General deterrence aims to send a broad message to members of a given society that crime will not be tolerated.
• Individual deterrence should prevent the individual from repeating the same crime in light of their experience.

Custodial Sentencing

Problem of Recidivism

• Recidivism = reoffending.
• Statistics show 57% of UK offenders will reoffend within a year of release.
• The UK alongside the US has the highest rates of recidivism in the world.
• Norway's reoffending rates are the lowest in Europe.
• Norwegian prisons are very different to the system in the UK as penal institutions are more open and a greater emphasis on rehabilitation.
• Some argue this is a 'soft option'.

Deterrence

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

Dealing with Offending Behaviour

Evaluation

Individual Differences

Evidence Supports Psychological Effects

• Bartol suggested for many offenders imprisonment can be brutal and demeaning.
• In the last 20 years, suicide rates among offenders have been 15 times higher.
• Most at risk are young single men during the first 24 hours of confinement.
• Recent study showed 25% of women and 15% of men in prison report symptoms of psychosis.
• Prison may actually trigger psychological disorders in those that are vulnerable.

• Although time in prison may be psychologically challenging for many, it can't be assume all react in the same way.
• Different prisons have different regimes, so likely to be wide variations in experience.
• Other factors may contribute, including length of sentence, reason for sentence and previous experience of prison.
• Many of those convicted may have had pre-existing psychological difficulties at time of conviction.
• Difficult to make general conclusions that apply to every prisoner.

Incapacitation

Universities For Crime

Opportunities For Training and Treatment

Alternatives to Custodial Sentencing

• Offender is taken out of society to prevent them reoffending as a means of protecting the public.
• The need for this depends on the severity of the offence.

• Prisons are argued to be universities for crime.
• Incarceration with hardened criminals may give younger inmates in particular the opportunity to learn 'tricks from the trade'.
• May undermine attempts to rehabilitate prisoners.

• Davies and Raymond concluded that government ministers often exaggerate the benefits of prison in a bid to appear tough on crime.
• In reality, prison does little to deter others or rehabilitate offenders.
• Alternatives to custodial sentencing, like community service and restorative justice have been proposed and may be preferred.

• Rehabilitation model is based on argument that offenders become better people during time at prison.
• Their improved character means they can lead a crime-free life when back in society.
• Many access education and training whilst in prison, increasing possibility of employment when released.
• Treatments programmes like anger management and social skills training may give offenders insight into their behaviour.
• Reduces likelihood of recidivism.

Retribution

• Society is enacting revenge for the crime by making the offender suffer.
• The level of suffering should be proportionate to the seriousness of the crime.

Rehabilitation

Psychological Effects

• After being released, offenders should leave prison better adjusted and ready to take their place back in society.
• Prison should provide opportunities to develop skills and training or to access treatment programmes for addiction.
• Should also give offender time to reflect on their crime.

Stress and depression -

• Suicide rates are considerably higher in prison than in the general population.
• Stress of the prison experience also increase the risk of psychological disturbance following release.

Institutionalisation -

• After adapting to the norms and routines of prison life, inmates may become so accustomed to these they are no longer able to function on the outside.

Prisonisation -

• Refers to the way prisoners are socialised into adopting an 'inmate code'.
• Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded in prisons.