Custodial sentencing

• What are the aims of custodial sentencing? (1)

  • Deterrence: unpleasant prison experience is designed to put people off offending in the first place
  • General deterrence - broad message to society that crime will not be tolerated
  • Individual deterrence - preventing someone from reoffending based on their unpleasant experiences
  • Incapacitation: individual is removed from society to protect public and prevent reoffending, explaining serious/violent crimes
• What are the aims of custodial sentencing? (2)

  • Retribution: society is enacting revenge by making the offender suffer for their crime
  • Rehabilitation: prisons should reform individuals preparing them for life outside - focus on developing skills, reflecting on their actions, receiving addiction treatment, etc.
• What are the psychological effects of custodial sentencing? (1)

  • Stress and depression - evidenced by higher suicide rates as well as incidents of self-harm and self-mutilation + signs of psychological disturbance amongst prisoners
  • Prison Reform Trust - 25% of males and 15% of females reported symptoms of psychosis in prison
  • Would prevent rehabilitation due to mental instability and being unable to focus on self-betterment
• What are the psychological effects of custodial sentencing? (2)

  • Institutionalisation - prisoner may become accustomed to the norms and routines in prison that they struggle functioning outside - may lead to antisocial behaviour and higher likelihood of reoffending
  • Prisonisation - prisoners can be socialised into adopting an 'inmate code' where socially unacceptable behaviours are encouraged and rewarded inside the prison (differential association theory)
• What is one limitation of custodial sentencing in dealing with offenders?

  • Severe psychological effects - Bartol (1995) said imprisonment can be 'brutal, demeaning, and generally devastating'
  • Ministry of Justice (2016): English and Welsh prisons saw 119 suicides, a 29% increase from their previous year
  • Prison Reform Trust (2014): 25% of women and 15% of men reported symptoms of psychosis
  • Shows that oppressive prison regimes may be detrimental to psychological health which could impact rehabilitation
• How does the importation model counter the psychological effects of custodial sentencing?

  • Prison Reform Trust figures do not account for offenders who were experiencing psychotic symptoms before they were incarcerated
  • Many convicted offenders have pre-existing psychological and emotional difficulties, and may import their problems
  • Suggests there may be confounding variables that influence the link between prison and severe psychological issues
• What is one strength of custodial sentencing in dealing with offenders?

  • Provides opportunity for training and treatment for offending
  • Shirley (2019): The Vera Institute of Justice claims offenders who take part in college education programmes are 43% less likely to re-offend following release
  • Prisons who offer these report less incidents of violence, showing that prisons arguably meet their objective of rehabilitation providing that offenders are able to access these programmes
• How do high recidivism rates weaken custodial sentencing?

  • Recidivism: reoffending after conviction - Ministry of Justice (2013) suggest that 57% of UK offenders will re-offend within a year of release
  • In 2007, 14 prisons reported recidivism rates of 70% over 5 years
  • Walker et al. (1981) found that the length of a sentence did nothing to deter repeat offenders from committing crime once released
  • Shows custodial sentencing is clearly ineffective and has not reached its aims as it cannot prevent recidivism