The aims of custodial sentencing

Cards (12)

  • Identify and outline the 4 aims of custodial sentencing: Deterrence
    Custodial sentencing aims to discourage offending behaviour through punishment.
    This is because individuals will be less likely to reoffend if they have previously been punished for it (e.g. by being sent to prison). Similarly, if they have observed others being punished for criminal behaviour (e.g. by being sent to prison), they would be less likely to imitate it.
  • Identify and outline the 4 aims of custodial sentencing: Incapacitation
    Custodial sentencing aims to prevent individuals from reoffending by removing them from society.
    This means that, at least for the duration of their custodial sentence, they are no longer viewed as a threat to society.
  • Identify and outline the 4 aims of custodial
    sentencing: Rehabilitation
    Custodial sentencing aims to provide prisoners with support so they are capable of returning to society as law-abiding citizens.
    This can be achieved by offering anger management sessions (to reduce the likelihood of violent outbursts) and educational programmes (to increase their chances of getting a job upon their release).
  • Identify and outline the 4 aims of custodial
    sentencing: Retribution
    Custodial sentencing aims to act as a form of revenge/justice for the victim, their friends/family, as well as society more generally.
    This refers to the idea that the offender should pay for their offending behaviour in some way, in this case, taking away their freedom.
  • Evaluate each aim of custodial sentencing - Deterrence: opposing evidence. 

    Over a quarter of offenders go on to re-offend once released from prison. It is also possible that more reoffend but are not caught. This is a limitation because such statistics suggest that custodial sentencing does not discourage offending behaviour.
  • Evaluate each aim of custodial sentencing - Deterrence: custodial sentence may be too delayed. 

    Behaviourist psychologists argue that punishment is most effective when it occurs immediately. This does not happen in the case of custodial sentencing as there may be a long time between when the offender commits the crime and when they are imprisoned for it. This is a limitation because the time delay may make the offender see the sentence as a punishment for being caught rather than for the offending. This means that they learn to avoid being caught rather than to not offend in the first place.
  • Evaluate each aim of custodial sentencing - Incapacitation: not effective in the long-term. 

    This is because, in most cases, incapacitation is only temporary before offenders are later released back into society. This is a limitation because it means that custodial sentencing may only have short-term benefits i.e. as soon as they are released, they may reoffend.
  • Evaluate each aim of custodial sentencing - Incapacitation: may not be complete. 

    This is because offenders can smuggle drugs into prison and deal these among their fellow inmates. This is a limitation as it means that convicted offenders can continue to commit crimes even during their custodial sentence.
  • Evaluate each aim of custodial sentencing - Rehabilitation: opposing evidence. 

    Over a quarter of offenders go on to re-offend once released from prison. It is also possible that more reoffend but are not caught. This is a limitation because such statistics suggest that custodial sentencing does not rehabilitate offenders.
  • Evaluate each aim of custodial sentencing - Rehabilitation: may produce the opposite effect. 

    This is because prisoners are exposed to pro-crime attitudes from other prisoners and can also share techniques on how to commit crimes. This is a limitation because it has resulted in prisons being nicknamed ‘the college of crime’ and so fuels criminal behaviour rather than rehabilitates criminals.
  • Evaluate each aim of custodial sentencing - Retribution: prisons do receive public support. 

    Many victims of crime and/or their families report a keen desire for the offender to be punished and express a level of comfort knowing they are now in prison. This is a strength because given that custodial sentencing does not effectively deter, incapacitate or rehabilitate, it is argued that retribution is the main reason why prisons exist.
  • Evaluate each aim of custodial sentencing - Retribution: beginning to receive less support. 

    This is because many victims/their families now feel that prison sentences are too lenient as well as prison environments not giving them the revenge they expect e.g. offenders having access to televisions, pool tables etc. This is a limitation because it means that many people in society now do not believe that prisons offer adequate retribution.