Custodial Sentencing

• Custodial sentencing is holding convicted criminals in a secure facility like a prison or if appropriate a young offenders institution or psychiatric hospital.
• What are the aims of custodial sentencing?

  • Deterrence - stop reoffending.
  • Incapacitation - protect society.
  • Retribution - justice.
  • Rehabilitation - helping offenders.
• What is the aim of deterrence in custodial sentencing?

  The aim of deterrence is to stop criminals from reoffending and members of society from committing crimes, it works through vicarious punishment.
• What is vicarious punishment?

  Vicarious punishment refers to a decrease in the frequency of certain behaviours as a results of seeing others punished for the same actions.
• What is the aim of incapacitation in custodial sentencing?

  The aim of incapacitation is to protect society from the criminal's actions while they are in prison.
• What is the aim of retribution in custodial sentencing?

  The aim of retribution is to provide the victim and society with a sense that criminals have paid for crime - the sentence should be proportionate to the seriousness of the offence.
• What is the aim of rehabilitation in custodial sentencing?

  The aim of rehabilitation is an opportunity to learn new skills (training) and behaviour (therapy) so that they can better adjust to civilised society on their return.
• What are the psychological effects of custodial sentencing?

  • Depression - helplessness & stress
  • Institutionalisation - adapting to environment
  • Deindividualization - loss of self
  • Brutalisation - reinforcing criminal behaviour
  • Labelling
• Why is depression a psychological effect of custodial sentencing?

  This is because prisoners often feel helpless in a prison environment. This results in high levels of stress and higher levels of self harm and suicide in prisons.
• Why is institutionalisation a psychological effect of custodial sentencing?

  Prisoners become adapt to the prison environment and routines, due to this after release they struggle to adjust to life outside of prison.
• Why is deindividualization a psychological effect of custodial sentencing?

  Prisons can strip people of their sense of a socialised individual identity. This process can lead to the highly aggressive behaviour seen in prisons.
• Why is brutalisation a psychological effect of custodial sentencing?

  Prison acts as a “school for crime”; it reinforces a criminal lifestyle and criminal norms, leading to high recidivism rates - approximately 70% of young offenders reoffend within 2 years.
• Why is labelling a psychological effect of custodial sentencing?

  This leads to a loss of social contacts and reduces employability, leading to increased recidivism rates as offenders feel like crime is their only option.
• What is recidivism?

  Recidivism is when an offender reoffends after release.
• What causes recidivism?

  This could be due to institutionalisation or developing pro-criminal attitudes while in prison (differential association). Other risk factors are homelessness and drug addiction. Recidivism is a large problem in a study following UK criminals over 18 years, 77% of ex-inmates went on to reoffend.