Custodial sentencing AO3

• what are the issues with cause and effect in custodial sentencing?

  • psychological effects may be difficult to attribute to prisons
  • hard to establish cause and effect
  • e.g. signs of depression and self-harm observed within prisons may be caused by factors unrelated to custodial sentencing, such as offender's mental state before entering the prison
  • as this hasn't been monitored, it is difficult to identify cause and effect
• how is the usefulness of custodial sentencing undermined by rise in recidivism?

  • the aim of deterrence isn't working (to deter and rehabilitate people)
  • rise in crime statistics suggest prisons aren't working and are overcrowded
  • recidivism rates are high, in recent years 45% (70% for young offenders)
  • compared to Norway where less emphasis on incarceration and more on rehabilitation and skill development - 20% recidivism
• how does 'school for crime' undermine the effectiveness of custodial sentencing?

  • prison can act as a 'school for crime' where inmates learn from others about how to commit other types of crime which can lead to higher levels of recidivism - aka 'brutalisation'
  • this can reinforce criminal norms and values - links to Sutherland differential association
  • however, may be prison experience itself and the resulting low self-esteem, negative labelling by others and anger towards system that leads to further crime
• how is expense a limitation of custodial sentencing?

  • approximately £40000 per prisoner, per year
  • coupled with high crime and recidivism rates, cheaper alternatives may be more effective
  • e.g. electronic monitoring, fines, community service and anti-social behaviour orders or cautions have been seen to lower recidivism rates
  • suggests although CS is needed to remove dangerous people from society, there may be a majority of cheaper methods