Custodial Sentencing

• Custodial Sentencing


  A decision made by the court where punishment for a crime should be in custody (in prison)
• What does Recidivism mean? 


  Reoffending
• What are the 4 aims of custodial sentencing?

  1. Deterrence
  2. Incapacitation
  3. Retribution
  4. Rehabilitation
• Deterrence

  • Unpleasant prison experience is designed to put off person from engaging in offending behaviour
  • Can work on 2 levels: Can deter society as a whole from crime or work on an individual basis of stopping someone from reoffending
  • Based on the behaviourist idea of conditioning through vicarious punishment
• Incapacitation

  • Offender is taken out of society to prevent them from reoffending and to protect society
  • Length of confinement also depends on the severity of the crime and the necessity to keep criminal away from the public
• Retribution

  • Enacting revenge for the offence for the victim by making the offender suffer
  • It should be proportionate to the crime committed
• Rehabilitation

  • Prison is not just to punish people but to also help them reform
  • Offenders should leave prison better adjusted and ready to take their place back in society
  • Prison should provide opportunities to develop skills and training access treatment programmes
• Psychological effects of custodial sentencing

  • Stress and depression- suicide rates are higher in prison and psychological disorders may form that carry on after release
  • Institutionalisation- Having adapted to the norms of prison they struggle to get back to their normal life out of prison
  • Prisonisation- prisoners are socialised to act a certain way that would be unacceptable outside of prison
• The problem of recidivism

  • Recidivism refers to reoffending
  • It is difficult to get figures on recidivism as it depends on if you are looking at reoffending within a year after release or over a long period of time
  • In the UK reoffending rates are around 45% compare to 20% in Norway
  • This is important as in Norway the emphasis on rehabilitation is bigger
• AO3 Custodial Sentencing: Teaches more crime

  • Offenders may become better offenders while spending time around more experienced offenders
  • Younger inmates may learn more from more experienced offenders
  • This will then decrease chances of helping offenders become rehabilitated and can increase reoffending
• AO3 Custodial Sentencing: Psychological Effects

  • Imprisonment is brutal for many
  • 119 prisoners killed themselves in prison in the UK in 2016 which is an average suicide every 3 days
  • This figure is 9 times higher than the general population
  • 25% of women and 15% of men reported symptoms of psychosis
  • prison regimes may not help with retribution
• AO3 Custodial Sentencing: Training and Treatment

  • One aim of imprisonment is rehabilitation
  • Offenders may become better people and be able to lead a crime free life
  • Offenders may access education and training to help them find employment after their release
  • Offenders who take part in education programmes are 43% less likely to reoffend
• AO3 Custodial Sentencing: Purpose of prison

  • There is still a debate of which prison is more suited towards: for punishing or rehabilitating
  • A survey found that 47% see the main purpose of prison being to punish the offender with many seeing prison as too 'soft'
  • 40% hold the view prison should be to rehabilitate and prisons should provide access to training