A sentence of imprisonment for a period of time set by the court
Involved a convicted offender spending time in prison, hospital or young offenders institute.
Aims of Custodial Sentencing?
Deterrence
Incapacitation
Retribution
Rehabilitation
Deterrence
Using conditioning to stop someone doing & prevent crime (putting people off committing crime).
Its based on conditioning principles (punishment & vicarious punishment)
2 main types of deterrence:
Individual deterrence
General deterrence
General deterrence
Sends a broad message to society that crime in not tolerated
Vicarious punishment/reinforcement
Individual deterrence
Prevents an individual from repeating offences given their previous experiences
the unpleasant experience of prison is deigned to put an individual off repeating the same crime again.
Punishment
Incapacitation
Remove offender from society to protect public from further offending
Need for incapacitation is dependent on severity of the crime committed.
(e.g. society needs more protection from serial murderers compared to people who do not pay council tax)
Retribution
Revenge against the offender
Opportunity for society to enact revenge for the offences committed by making the offender suffer.
Degree of suffering should be proportionate to the severity of the crime committed
Rehabilitation
Reform the offender (i.e learn new attitudes & value & stops being an offender)
Prison is an opportunity to try help offenders to reform their behaviours by allowing them to learn new skills, attitudes & values to allow them to become a non offender, through access to:
Education
Training
Treatment programs (e.g. for addiction / anger)
Opportunities to reflect on crime/life
Prisoners should leave prison ready to integrate back into society as they are better adjusted.
Psychological Effects of Custodial Sentencing
Stress & depression
Institutionalisation
Prisonisation
Stress & depression - psychological effects of CS
High rates of:
Suicide
Self Harm
Self Mutilation
Psychosis
Depression
in prison population compared to in the general population
Institutionalisation - psychological effects of CS
Inability to function outside of prison having adapted to the norms & routines of prison life
(Inmates become so adapt to the norms & routines in prison they can no longer function on the outside)
Prisonisation - psychological effects of CS
Behaviours unacceptable outside prison are encouraged via socialisation into an 'inmate code'
Inmates become socialised to prison life & adopt the culture of the prison
This includes the norms, language, attitudes & relationships that exist within the prison
Recidivism& Issues
Recidivism refers to REOFFENDING.
Recidivism rates in ex-prisoners tell us to what extent prison acts as an effective deterrent
Rates vary with age, crime committed & country:
UK 45% reoffend within one year of release
US, Australia & Denmark record rates over 60%
Norway rates may be as low as 20% (Yukhnenko et al 2019)
Norway's data is significant coz in Norway there is less emphasis on incarceration & greater emphasis on rehabilitation & skills development
General Effects of Custodial Sentencing
Psychological Effects:
Institutionalisation
Prisonisation
Stress & depression
Labelling
School for Crime
Vicarious Punishment
Experience punishment through someone else
a type of social learning in which people do a behaviour less often after they've seen someone else behave that same way and experience negative consequences as a result.