Custodial Sentencing & the Psychological Effects

• Custodial sentencing involves a convicted offender spending time in prison or another closed institution such as a young offenders institute or psychiatric hospital.
• A custodial sentence involves the offender serving the time in either a prison or a young offenders institute.
• Custodial sentencing is when an offender is sent to prison for a time which is dependent on the severity of their crime.
• Custodial sentencing aims to act as a deterrent by providing an unpleasant experience to put offenders off from engaging in criminal behaviour in the future.
• Custodial sentencing is a form of retribution which makes the criminal pay for what they have done. It also acts as a form of confinement so they cannot reoffend.
• Custodial sentencing can include rehabilitation of the criminal to help reduce the risk of reoffending once they are released.
• Custodial sentences aim to protect the public, rehabilitate the offender, show retribution or punishment and deter others from offending.
• Incapacitation is where the offender is taken out of society to prevent them from reoffending as a means of protecting the public.
• The need for incapacitation can depend upon the severity of the crime and the nature of the offender. More violent or serial offenders will need to be kept on remand or imprisoned.
• While in prison the public is protected, as criminals cannot commit more crime. This is most effective with dangerous, violent offenders.
• Custodial sentencing offers rehabilitation to help offenders change their behaviour or gain qualifications which may help them when they are out of prison.
• Prison should provide opportunities to develop skills and training or to access treatment programmes (e.g. drug addiction or anger management), as well as giving the offender a chance to reflect on their crime.
• Custodial sentencing is a way for offenders to show retribution and pay back their debt to society. The time in prison often reflects the severity of their crime.
• Onepoll (2015) found that 47% of respondents in a recent survey say the primary purpose of prison is to punish the offender for their crime. Many believed that current prison regimes are too soft and would not deter future criminals.
• Cullen & Minchin (2000) tracked prisoners and found 57% reoffended within two years, and for younger males the rate was 76%.
• Walker & Farrington (1981) found the length of sentence made little difference to whether or not criminals reoffended.
• There are several psychological effects associated with serving time in prison; stress and depression, institutionalisation and prisonisation.
• Stress and depression are common psychological effects of imprisonment. Offenders could already suffer from mental health conditions but also the stress of the prison experience can increase the likelihood of developing psychological effects.
• Bukshel & Kilmann (1980) found common reactions to imprisonment were restlessness, anxiety and sleeplessness.
• According to a Ministry of Justice (2015) survey, many prisoners have pre-existing mental health problems and many more develop them in prison. It is estimated that 26% of female inmates and 16% of male inmates suffer from mental health.
• Suicide is a serious psychological effect of imprisonment. Within prison 10% of suicides occur within the first 24 hours.
• 40% of suicides in prison are within the first month and 80% within the first year.
• Many risk factors for suicide have included a history of mental health, substance misuse and relationship difficulties.
• Institutionalisation is where offenders adapt to the norms and routines of prison life and may become so accustomed to these, they are no longer able to function on the outside.
• Some prisoners become dependent on the institution for a routine in their normal lives. In prison they are told when to wake up, when to sleep and when to eat.
• Prisonisation refers to the way in which prisoners are socialised into adopting an ‘inmate code’. Behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside prison.
• One strength of custodial sentencing is it provides an opportunity for training and treatment.
• Shirley (2019) at the Vera Institute of Justice, claims that offenders who take part in college education programmes are 43% less likely to reoffend following their release.
• The Stanford prison study (Zimbardo, 1973) shows how easy it is for people to become institutionalised in prison.
• Hollin (1992) found that some prisoners preferred prison to their own home life due to the regular meals and routine, suggesting it is not effective as a deterrent.
• One limitation of custodial sentencing is the negative psychological effect on prisoners.
• According to Dooley (1990), self-harm and suicide rates in prison are high, especially amongst younger inmates and those on remand. This supports the view that mental health is affected by imprisonment.
• Snow (2006) found that prisoners displaying mental health issues such as depression were at higher risk of suicide and self-harm.
• Bartol (1995) suggested that for many offenders, imprisonment can be brutal, demeaning and generally devastating.
• According to the Ministry of Justice a record 119 people killed themselves in prisons in England and Wales in 2016. This was an increase of 32% on the previous year according to The Guardian (2017).
• A study conducted by the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms of psychosis (e.g. schizophrenia).
• The importation model argues that prisoners may import some of their psychological problems which makes it difficult to know if the problem lies with the prison regime or within the individual.
• It is difficult to generalise the psychological effects of imprisonment because prison regimes vary and individuals cope with prison life in different ways.
• The prison population in the UK continues to rise suggesting custodial sentencing is not an effective deterrent to criminals.
• Prison is expensive compared to other types of sentencing such as community orders.