AO1

• What is Custodial Sentencing?

  When a convicted offender spends time in prison or another institution such as a young offender's institute or psychiatric hospital
• What are the four main aims of Custodial Sentencing?

  1. Deterrence
  2. Incapacitation
  3. Retribution
  4. Rehabiliation
• What is Deterrence in terms of custodial sentencing?

  • An unpleasant prison experience to put off an individual from committing a crime
  • General Deterrence: broad message to society, crime will not be tolerated
  • Individual Deterrence: Preventing repeating the same offences in light of their prison experience
  • Based on the Behaviourist - vicarious punishment
• What is Incapacitation in terms of custodial sentencing?

  • Offender is taken out of society to prevent them from reoffending to protect the public
  • The need for incapacitation is likely to dependant on the severity of their crimes
  • Public will need more protection from a serial rapist and murderer, than and geriatric who does not pay their taxes
• What is Retribution in terms of custodial sentencing?

  • Society enacting their revenge on the offender for their crime
  • The level of suffering should be proportionate to the level of suffering they caused - based off of 'eye for an eye'
  • Many see prison as the best possible option as alternatives to prison are considered soft
• What is Rehabilitation in terms of custodial sentencing?

  • Many people also see the main objective of prison to not purely punish but also reform
  • After being released offenders should be better adjusted and ready to take their place back in society
  • Prison should offer opportunities to develop skills and training or to access treatment programmes and a chance to reflect on their behaviour
• What are the three psychological effects of custodial sentencing?

  • Stress and Depression
  • Institutionalisation
  • Prisonisation
• Custodial Sentencing and stress and depression

  • Higher suicide rates in prison than the general population
  • Self-mutilation/self-harm rates are also higher
  • The stress of prison also increases the risk of developing psychological disorders following release
• Custodial Sentencing and Institutionalisation

  • Having adapted to norms and routines in prison, inmates may have become so accustomed to prison life that they are no longer able to function outside
• Custodial Sentencing and Prisonisation

  • Prisoners are socialised into adopting an 'inmate code'
  • Behaviour that may be considered unacceptable in the outside world would be encouraged and rewarded within prison
• What is recidivism and what does it tell us?

  • Refers to reoffending rates
  • Tells us what extent prisons work as an effective deterrent
• The problem of recidivism

  • Difficult to obtain clear figures for recidivism
  • UK Ministry of Justice reports proven figures within a year of release, recent years UK = around 45%
  • Reoffending rates vary on time periods, age of offender, crime committed, and country
  • US, Australia, and Denmark often = 60%+
  • Norway rates are as low as 20% - Norway = less emphasis on incarceration and greater emphasis on rehabilitation