Dealing with Offending Behaviour

• Custodial Sentencing


  When an offender is found guilty in court, and as punishment, spends time in a prison (or young offender's institution)
• Aim of Custodial Sentencing

  • To prevent recidivism (reoffending)
• Ways Custodial Sentencing can prevent recidivism

  • Deterrence
  • Retribution
  • Confinement (Incapacitation)
  • Rehabilitation
• Deterrence

  The unpleasant prison experience is designed to put off the individual from re-engaging in offending behaviour. Deterrence works on two levels: (i) general deterrence which aims to send a broad message to members of a society that crime will not be tolerated, (ii) Individual deterrence should prevent recidivism (re-offending) in light of their experience.
• Retribution


  The idea behind retribution is that society is taking revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the seriousness of the crime. It is based on the idea that the offender should, in some way pay for their actions.
• Confinement (Incapacitation)


  The idea behind confinement, is that the offender is taken out of society, to prevent reoffending (recidivism) in the future, as a means of protecting the public. The need for confinement is likely to depend upon the severity of the offence and the nature of the offender.
• Rehabilitation

  Some people believe that the main objective of prison is to reform. Upon release, offenders should leave prison better adjusted and ready to take their place back in society. Prison should provide opportunities to develop skills and training, or to access treatment programmes for drug addiction, as well as give the offender the chance to reflect on their crime. This serves to try to reduce recidivism and protect society from future crimes being committed by the offender.
• Recidivism


  Reoffending (committing the same, or another, crime again) following custodial sentencing
• If recidivism rates are high, this is a concern for society, as it has implications for the aims of custodial sentencing and suggests that current treatment programmes (e.g. behaviour modification and anger management) in prisons do not necessarily work, because recidivism is used as a measure of the effectiveness of custodial sentencing.
• Morgan (2002): 'Three quarters of young offenders, and about half of adult offenders commit further offences within two years of release from prison.'
• Explanations for recidivism

  • Personal factors
  • Sociological factors
  • Economic factors
  • Lifestyle factors
• Prison might make someone more likely to engage in criminal behaviour. For example, whilst in prison, people might meet drug dealers with whom he or she can network, or might have to behave in a highly aggressive way to avoid being assaulted in prison
• Being in prison can interfere with a person's ability to obtain gainful employment both because of the person's criminal record and because time in prison is time away from employment and the opportunity to gain skills.
• Prison may not remedy the factors that caused a person to engage in criminal activity in the first place. In some cases, being in prison can make these problems worse. For example, a person with mental illness might not receive treatment in jail, causing their mental health issues to become worse. A significant proportion of the prison population has some type of mental health condition.
• Rehabilitation as an aim of custodial sentencing

  • Offenders may become better people during their time in prison
  • Improved character means they are able to lead a crime-free life when back in society
• Opportunities for training and treatment to help reduce recidivism

  1. Prisoners access education and training whilst in prison

  2. Treatment programmes such as anger management schemes give offenders insight into their behaviour
• Accessing training and treatment programmes in prison

  Reduces the likelihood of recidivism (reoffending)
• Prison may be a worthwhile experience, (and might meet the aim of rehabilitation); assuming offenders are able to access these programmes
• The aims of custodial sentencing are not effective in reducing recidivism
• The key function of custodial sentencing is to prevent recidivism (reoffending)
• 3/4 of young offenders, and about 1/2 of adult offenders commit further offences within two years of release from prison
• This suggests the aims of custodial sentencing are not being met, which puts greater strain on society
• Offenders may acquire legitimate skills during their time in prison


  Being with hardened criminals may give younger inmates the opportunity to learn the 'tricks of the trade' from more experienced offenders
• This may undermine attempts to rehabilitate prisoners, so therefore not reducing recidivism
• Morgan (2002): '3/4 of young offenders, and about 1/2 of adult offenders commit further offences within two years of release from prison'
• Offenders acquiring skills in prison


  May undermine attempts to rehabilitate prisoners
• This puts greater strain on society
• Alternatives to custodial sentencing

  May better deter offenders
• Many critics of the prison system suggest that it does not do much to deter offenders from committing crimes
• Davis and Raymond (2000): 'Prison sentences are only issued to satisfy society in order to make it look like something is being done by the criminal justice system; therefore, the root causes of crime are not addressed'
• The review suggested that, in reality, prison does little to deter others or rehabilitate offenders (and so reduce recidivism)
• Alternatives to custodial sentencing

  • Community service
  • Restorative justice
• Alternatives to custodial sentencing

  Mean family contacts and perhaps employment can be maintained
• Custodial sentencing lacks any effectiveness as a deterrent and therefore other methods should be used
• Individual differences in recidivism

  • Length of sentence had no effect on the recidivism rate of habitual offenders
  • Younger people are more likely to re-offend
  • Those committing crimes such as theft and burglary are more than twice as likely to re-offend as those committing drug or sexual offences
• A difficulty with custodial sentencing is that it seems that it may be more effective with some offenders than others
• Offenders


  • Habitual offenders
  • Younger people
  • Those committing crimes such as theft and burglary
  • Those committing drug or sexual offences
• Sentencing


  Should be targeted in different ways with different groups of offenders
• According to a Ministry of Justice survey, many prisoners have pre-existing mental health problems (16% male prisoners, 26% of female) and many more develop them in prisons
• Estimates show that nearly half (48%) of female prisoners) and almost a quarter (23%) of male prisoners suffer from anxiety and depression, possibly because of the stress caused by overcrowding and the loss of freedom