custodial sentencing

• aims of custodial sentencing

  custodial sentencing involves a convicted offender spending time in prison, hospital or young offender's institute

  1. deterrence - based on the conditioning principles

  • individual deterrence - the unpleasant experience of prison is designed to put an individual off repeating the same crime again

  • general deterrence - send a message to members of society that crime will not be tolerated

  2. incapacitation - ensures the offender is taken out of society which protects public from further offending

  • the need for incapacitation depends on the severity of the crime

  3. retribution - society enacting revenge by making the offender suffer

  • level of suffering should be proportionate to the severity of the crime

  4. rehabilitation - reform of the offender

  • prison should provide an opportunity e.g. develop skills and access treatments
• psychological effects of custodial sentencing

  1. stress & depression - suicide rates and self-harm are higher in prison than in the general population

  2. institutionalisation - inability to function outside of prison having adapted to the norms and routines of prison life

  3. prisonisation - behaviours unacceptable outside prison are encouraged via socialisation into an 'inmate code
• recidivism


  recidivism refers to reoffending. Recidivism rates in ex-prisoners tell us what extent prison acts as an effective deterrent
• limitation


  P - negative effects of custodial sentencing

  E - Bartol (1995) said prison is 'brutal, demeaning and generally devastating.' Suicide rates in prisons (England and Wales) 9 times higher than general population

  E - the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms of psychosis e.g. schizophrenia

  L - supports the view that oppressive prison regimes may be detrimental to psychological health which could impact on rehabilitation

  COUNTERPOINT

  - many offenders have had pre-existing psychological difficulties before prison which may explain their offending behaviour in the first place

  - suggests there may be confounding variables that influence the link between prison and its psychological effects
• strength


  P - prison provides training and development

  E - the Vera Institute of Justice claims that offenders who take part in college education programmes are 43% less likely to reoffend following release

  E - this will improve employment opportunities on release, which reduces likelihood of reoffending

  L - suggests prison may be a worthwhile experience assuming offenders are able to access these programmes
• limitation


  P - prison may be a school for crime

  E - incarceration with long-term offenders may give younger inmates in particular the opportunity to learn the 'tricks of the trade' from more experienced prisoners

  E - offenders may also acquire criminal contacts whilst in prison that they may follow up when they are released

  L - this form of 'education' may undermine attempts to rehabilitate prisoners and consequently may make reoffending more likely