Custodial sentencing

• Custodial sentencing


  A decision made by a court that punishment for a crime should involve time being in custody- prison or in some other close therapeutic and/or educational institution such as a psychiatric hospital.
• Aims of custodial sentencing

  1. Deterrence
  2. Incapacitation
  3. Retribution
  4. Rehabilitation
• Deterrence

  • The unpleasant prison experience is designed to put off the individual and society from engaging in offending behaviour.
  • General deterrence: Sends a broad message to society that a crime will not be tolerated
  • Individual deterrence: Prevent the individual from repeating the same offence.
  • Based on the idea of punishment and vicarious punishment.
• Incapacitation

  • Offending is taken out of society to prevent Them from reoffending as a way of protecting society.
  • Need for incapacitation depends upon the severity of the offence and the nature of the offender.
  • E.g society will need more protection from a serial murderer, than an elderly person who refuses to pay council tax.
• Retribution

  • Society is enacting revenge for the offence by making the offender suffer
  • The level of suffering should be proportionate to the seriousness of the offence.
  • Many people see prison as the best possible option in this sense and alternative to prison are often criticised as ‘soft options’
• Rehabilitation

  • Many people would see the main objective or prison as not being purely to punish but to also reform.
  • Upon release, offenders should leave prison better adjusted and ready to take their place back in society.
  • Prisons should provide opportunities to develop skills and training or access to treatment programmes e.g for drug addiction or anger, and a chance for reflection.
• Psychological effects of custodial sentencing

  • Stress and depression
  • Institutionalisation
  • Prisonisation
• Stress and depression

  • Suicide rates, self mutilation and self harm are higher in prison than in the general population.
  • Stress of prison experience also increases the risk of developing psychological disorders following release.
• Institutionalisation

  • Prisoners may become adapted to the norms and routines of prison life, inmates may become accustomed to these which makes it difficult for them to function in society.
• Prisonisation

  • Refers to the way in which prisoners are socialised to adopting an inmate role
  • Behaviours that may be considered unacceptable in the outside world may be encouraged and rewarded inside the walls of the institution.
• Recidivism

  • Refers to reoffending, a tendency to relapse into a previous condition or mode of behaviour.
  • In the context of crime, a conceited offender who reoffends.
• What do recidivism rates show?

  Tell us to what extent prison is an effective deterrent.
• Why is it difficult to obtain clear figures for recidivism rates?

  • Depends on whether you are looking at reoffending within a year of release or a longer period.
• What is the most recent recidivism rate?

  45%
• What do reoffending rates vary with?

  • Time period after release
  • Age of offender
  • Crime-committed
  • Country
• High Recidivism rates in the world

  • US, Australia and Denmark record rates in excess of 60%
• Low recidivism rates in the world

  20% in Norway as they place less emphasis on incarceration and more emphasis on rehabilitation and skill development.
• Negative psychological effects caused by custodial sentencing

  • Bartol, suggested imprisonment can be brutal, demeaning and devastating. The ministry of justice recorded 199 people killed themselves in prisons in England and Wales in 2016.
  • Additionally the prison reform trust found that 25% of women and 15% of men reported symptoms of psychosis.
  • Therefore this suggests that oppressive prison regimes are detrimental to psychological health which could impact rehabilitation.
• Provides training and treatment

  • Shirley, claims that offenders who take part in educational programmes are 43% less likely to reoffend following release.
  • One aim of custodial sentencing is rehabilitation, so providing education and training can prevent reoffending as it increases the possibility of finding employment upon release. Futhermore, treatment programmes like anger management and social skills training may offer offenders an insight into their behaviour.
  • Suggests that prison is worthwhile assuming offenders can access these programmes.
• Provides a school for crime

  • Long-term offenders may give younger inmates the opportunity to learning the ‘tricks of the trade’ from more experienced prisoners.
  • Furthermore, offenders may also acquire criminal contacts while in prison that they follow up with when they are released.
  • Therefore this form of education may limit the effectiveness of rehabilitation which increases the chance of reoffending.
• Purpose of prison

  • Survey by Onepoll found 47% of respondents saw the Primary purpose of prison to punish the offender for their wrongdoing.
  • Many saw current prison regimes as too soft that would not deter would-be offenders,
  • However 40% held the view that the main aim of the prison is to reform and rehabilitate providing access to training and treatment. However overcrowding and lack of funding were seen to be barriers to this.
  • This suggests custodial sentencing should be sufficiently tough to punish and deter offenders, but also offers a second chance through training and treatment