Custodial sentencing

• Aims of custodial sentencing

  • deterrence
  • incapacitation
  • retribution
  • rehabilitation
• Deterrence

  Unpleasant experience in prison puts off the offender reoffending or people within society from offending.
• Incapacitation

  Offender taken out of society to prevent them reoffending to protect the public.
• Retribution

  Enacting revenge for the offence and they should pay for their actions.
• Rehabilitation

  To reform the offender while in prison and on release they should leave prsion better adjusted.
• Psychological effects of custodial sentencing

  • Stress + depression
  • Institutionalisation
  • Prisonisation
• Stress + depression

  Suicide rates are higher in prison. Stress of prison experience increases risk of developing psychological disorders following release.
• Institutionalisation

  Inmates become used to prison life that they can no longer function normally on the outside
• Prisonisation

  Prisoners are socialised into adopting an 'Inmate code'. Behaviour not accepted in the outside world may be encouraged in prison.
• Problem of recidivism

  Reoffending

  UK figure of reoffence is around 45%
• Limitation - negative psychological effects

  Bartol

  Suggested imprisonment can be brutal for offenders.

  2016- 119 people killed themselves in England and Wales.

  May be detrimental to psychological health.
• Counterpoint - negative psychological effects

  Many convicted would have already had psychological and emotional difficulties.

  This is not taken into account with the suicide rates figures.

  Means there are confounding variables that influence link between prison and psychological effects
• Strength - training and treatment

  Objective of rehabilitation.

  Offenders can improve their character within prison and become crime-free when they go back into society.

  Vera Institute of Justice - offenders who took part in college education programmes 43% less likely to reoffend.
• Limitation - socialisation

  Offenders communicate with other offenders who can teach them criminal skills or criminal contacts that they can use upon release. Undermines rehabilitation.