Aims of custodial Sentencing and Recividism

Question 1

Opportunities for training and treatment to help reduce recidivism

Answer 1

A strength of rehabilitation as an aim of custodial sentencing, is that it is based on the argument that
offenders may become better people during their time in prison, and their improved character means they are able to lead a crime-free life when back in society. Many prisoners do access education and training whilst in prison increasing the possibility that they will find
employment upon release. Additionally, treatment programmes such as anger management schemes may give offenders insight into their behaviour, reducing the
likelihood of recidivism (reoffending). This suggests prison may be a worthwhile experience,
(and might meet the aim of rehabilitation); assuming offenders are able to access these programmes.

Question 2

The aims of custodial sentencing are not effective in reducing recidivism

Answer 2

Although the key function of custodial sentencing is to prevent recidivism (reoffending); this is not what seems to happen statistically, as noted by Morgan (2002) (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. It might be that alongside the legitimate skills that offenders may acquire during their time in prison, being with hardened criminals, may give younger
inmates, in particular, the opportunity to learn the ‘tricks of the trade’ from more experienced offenders, as Sutherland’s Differential Association Theory would suggest. This may undermine attempts to rehabilitate prisoners, so therefore not reducing recidivism

Question 3

Individual differences in recidivism

Answer 3

A difficulty with custodial sentencing is that it seems that it may be more effective with some offenders than others. For example, Walker et al.
(1981) found that length of sentence had no effect on the recidivism rate of habitual offenders who were just as likely to re-offend no matter what their sentence was. Rates of recidivism vary with age and crimes – younger people are more likely to re-offend, and those committing crimes such as theft and burglary are more than twice as likely to re-
offend as those committing drug or sexual offences (Home Office, 2005). This suggests that sentencing should be targeted in different ways with different groups of offenders.