Dealing With Offending Behaviour: Custodial Sentencing

Question 1

What is custodial sentencing?

Answer 1

Sentencing an offender to time in prison

Question 2

What are 4 different aims of custodial sentencing?

Answer 2

Retribution, rehabilitation, protection and deterrence

Question 3

What is retribution?

Answer 3

The notion that offenders should pay for their actions. Putting them in prison means that they are suffering the consequences of their criminal behaviour which ultimately is the loss of their freedom.

Question 4

What is rehabilitation?

Answer 4

In order to reduce the chance of reoffending, prison should provide opportunities to develop skills/training or to access treatment programs for issues like drug addiction. Offenders should leave prison better adjusted and ready to be effective members of society.

Question 5

What is protection of society?

Answer 5

The offender is taken out of society to prevent them from reoffending as a means of protecting the public. Putting offenders such as violent offenders or sex offenders into prison means they no longer pose a threat to society.

Question 6

What is deterrence?

Answer 6

The unpleasant experience is designed to discourage offenders from engaging in criminal behaviour. There are two levels: general & individual. Based on the behaviourist principles of conditioning — behaviour that is punished is less likely to be repeated.

Question 7

What is general deterrence?

Answer 7

It aims to send a broad message to society that criminal behaviour will not be tolerated.

Question 8

What is individual deterrence?

Answer 8

It aims to stop the individual from repeating the same (or other) crimes so as to avoid going back to prison.

Question 9

Is custodial sentencing effective? (Yes, rehabilitation)

Answer 9

Many prisoners access education & training whilst in prison increasing the possibility they will find employment after their release. Also, there may be behavioural/addiction treatments in prisons which reduce undesirable behaviour — lowers recidivism rates.

Question 10

Is custodial sentencing effective? (No, DAT)

Answer 10

Whilst in prison offenders may learn ‘tricks of the trade’ or absorb ideals from other inmates - prison could actually have the opposite effect to rehabilitation

Question 11

Is custodial sentencing effective? (Yes, retribution & incapacitation)

Answer 11

It provides a method of punishment that the legal system can administer & they can ensure the offender cannot commit more crimes while in prison - therefore those aims can be considered effective