Custodial sentencing

• Define Custodial sentencing

  A decision made by a court that punishment for a crime should involve time being in ‘custody’ (prison, incarceration) or in some other closed therapeutic and/or educational institution such as a psychiatric hospital
• Define Recidivism

  Reoffending

  A tendency to relapse into a previous condition or mode of behaviour
• 4 reasons for custodial sentencing

  1. Rehabilitation
  2. Retribution
  3. Deterrence
  4. Incapacitation
• What is rehabilitation

  Prisons should provide opportunities to develop skills and training or to access treatment programmes (e.g. for drug addiction or anger issues), as well as give the offender the chance to reflect on their offence

  When released, offenders should be better adjusted and ready to take their place back in society
• What is retribution

  revenge for the offence by making the offender suffer, and the level of suffering should be proportionate to the seriousness of the offence
• What is deterrence

  The unpleasant prison experience is deigned to put off the individual from engaging in offending behaviour
• What is the difference between general deterrence and individual deterrence

  General: aims to send a broad message to society that crime will not be tolerated

  Individual: Should prevent the individual from reoffending in light of their experience
• What is incapacitation

  The offender is taken out of society to prevent them offending as a means of protecting the public
• 3 effects of prison

  • Prisonisation
  • Stress & Depression
  • Institutionalisation
• Describe the ”Prisonisation” effect of prisons

  Prisoners are socialised in prisons into adopting and “inmate code”

  Behaviour that may be unacceptable outside the prison is encouraged and rewarded in prison in inmates social groups
• Rates of suicide and depression in prisons

  High rates of suicide by self harm

  Stress from prison experience increases risk of developing psychological disorders
• What is institutionalisation in prisons

  having adopted to the norms and routines in prisons, inmates may become accustomed to theses so they are no longer able to function in the real world
• Recidivism in the Uk in recent years

  Ministry of Justice - 45%
• Why may recidivism rates vary

  • Across a time period after release
  • Age of offender
  • Crime committed
  • Country
• rates of recidivism in the USA, Australia & Denmark

  excess of 60%
• Recidivism rate since Norway

  20% (as there is less emphasis on incarceration and greater emphasis on rehabilitation)
• Limitation of Custodial Sentencing - Psychological effects

  Negative psychological effects

  High suicide rates in prison - 9x higher than general population

  25% of women and 15% of men in prison show symptoms of psychosis
• Counterpoint to psychological effects

  Some offenders may have pre-existing psychological issues before incarceration
• Strength of custodial sentencing- Training and treatment opportunities

  Prisons provide opportunities for education and rehabilitation

  Offenders who take part in college programmes are 43% less likely to reoffend

  Can improve employment prospects and reduce violence in prisons
• Limitation- Prisons are a “school for crime”

  Offenders may learn critical criminal skills from more experienced inmates

  Younger prisoners can pick up “tricks of the trade“ an form criminal contacts

  This undermines rehabilitation and increases the likelihood of reoffending
• Limitation deterrence and rehabilitation

  High reoffending rates (more than 1 in 4) suggests that prisons don’t effectively meet the goals of deterrence and rehabilitation