Custodial sentencing

• Custodial sentencing is where an offender spends time in a prison, institute or psychiatric hospital.
• The aims of custodial sentencing are:

  • Deterrence - general and individual either sending a broad message about intolerable behaviour or preventing an individual from committing the same crime again
  • Incapacitation - Taken people out of society and protecting the public from harm for any length of time with type dependent on the severity and nature of the crime
  • Retribution - Enacting revenge and making them suffer proportionate to the crime
  • Rehabilitation - To reform offenders and reduce recidivism through training, education and additional programmes to allow reflection
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  A strength of custodial sentencing is rehabilitation and that many prisoners have access to education and training which increases employability skills making offenders more adjusted when they return to society.

  This also then provides an insight into behaviour and can alter maladaptive behaviour through anger management which reduces recidivism.

  Therefore rehabilitation is said to be effective however it's difficult to be conclusive due to lack of resources.
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  A weakness is that there is evidence to show lack of effectiveness.

  For example Hollin found evidence to suggest prison became 'home' as inside attributes of prison became more preferable than the outside.

  This shows how deterrents don't work and offenders are not effectively rehabilitated.

  Thus custodial sentencing is not effective.
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  Another limitation is that inmates can learn how to commit crimes within prison as other inmates may teach them the 'tricks of the trade'.

  Offenders may also obtain criminal contacts while in prison that they may follow up on release.

  This therefore provides evidence that undermines rehabilitation and actually in fact makes recidivism more likely.