custodial sentencing

Question 1

what is custodial sentencing?

Answer 1

custodial sentencing involves keeping custody of the offender, either in prison or in another institution such as a hospital

Question 2

what are the 4 main reasons for custodial sentencing?

Answer 2

1. DETERRENCE = Prison should be an unpleasant experience so that it puts the criminal off from reoffending. 2 levels: general = offenders know crime will not be tolerated, individual = individuals will not want to repeat the same crime
2. INCAPACITATION = The offender is removed from society and unable to commit a further crime, keeping society safe.
3. RETRIBUTION = Society is taking revenge on criminals by making them suffer, and this should be proportionate to the severity of the crime committed.
4. REHABILITATION = Prison can be used to reform the criminal, providing therapy and opportunities to develop skills and training.

Question 3

what are the 3 psychological effects of custodial sentencing?

Answer 3

● Stress and depression: Suicide and self-harm rates are high in prison , Mental health issues are also likely to worsen in prison due to increased stress.
● Institutionalisation: Prisoners adapt to prison life and find it difficult to cope in the real world upon their release.
● Prisonisation: Some behaviours that are unacceptable outside prison may be encouraged inside, resulting in adopting an ‘inmate code’.

Question 4

recidivism

Answer 4

• prisons have not been successful in reducing recidivism
• 57% of UK offenders will re-offend within a year of release, and some studies have shown figures as high as 70%.
• labelling leads to loss of social contacts, reduced employability, all affecting recidivism rates

Question 5

brutalisation

Answer 5

brutalisation – prison acts as a school for crime, reinforces a criminal lifestyle and
criminal norms leads to high recidivism rates, approx 70% of young offenders
re-offend within 2 years