Custodial Sentencing

Question 1

What is custodial sentencing

Answer 1

• a convicted offender spends time in prison or another closed institution, such as a young offenders institute or psychiatric hospital

Question 2

What are 4 aims of custodial sentencing

Answer 2

1. Deterrence
2. Incapacitation
3. Retribution
4. Rehabilitation

Question 3

What’s it meant by deterrence

Answer 3

The unpleasant prison experience is designed to deter and individual from engaging in offending behaviour in the future

Question 4

What two levels does deterrence work on

Answer 4

General deterrence
Individual deterrence

Question 5

General deterrence

Answer 5

Aims to send a broad message to members of a society that crime will not be tolerated

Question 6

What’s individual deterrence

Answer 6

Should prevent the individual from repeating the same crime

Question 7

What’s incapacitation

Answer 7

The offender is taken out of society to prevent the, from reoffending as a means of protecting the public

Question 8

What does the need for incapacitation depend upon

Answer 8

The severity of the offence and nature of the offender

Question 9

What’s retribution

Answer 9

Society is enacting revenge for the crime by making the offender suffer, and the level of suffering should be proportionate to the crime

Question 10

What’s rehabilitation

Answer 10

Upon release, prisoners should be better adjusted and ready to take their place in society
Prison should provide opportunities to develop skills, receive training or to access treatment programs for addiction as well as receive counselling and have an opportunity to reflect on their crime

Question 11

What are the psychological effects of custodial sentencing

Answer 11

1. Psychological disorders
2. Institutionalisation
3. Brutalisation
4. Labelling

Question 12

What psychological disorders might be an effect of custodial sentencing

Answer 12

Prisons have higher incidences of illnesses e.g, depression, anxiety, self-harm, suicide and low self-esteem

Question 13

A study found that […]% of women and […]% of men in prison reported symptoms of psychosis

Answer 13

25% W
15% M
The oppressive prison regime can trigger psychological disorders

Question 14

How can prison lead to institutionalisation effects (like what r they etc)

Answer 14

Spending time in prison leads to a lack of autonomy, conformity to the role of the prisoner, and a dependency on prison culture

Question 15

How does prison lead to brutalisation

Answer 15

Prison acts as a school for crime and reinforces criminal lifestyle and criminal norms
This leads to high recidivism

Question 16

[…]% of young offenders reoffend within 2 years?

Answer 16

70%

Question 17

Why is labelling (of sb as a criminal) an issue (bad effect of prison)

Answer 17

Prisoners often lose touch with previous social contacts and find it difficult to gain employment because they’re labelled as a criminal

Question 18

Pro of custodial sentencing

Answer 18

How it can be useful

Question 19

How can custodial sentencing be useful

Answer 19

It shows that justice has been done and limits the danger to the public
Many prisoners access education and training whilst in prison, increasing the chance that they will find employment upon release

Question 20

What programmes in custodial sentencing can help offenders avoid reoffending and modify their behaviour

Answer 20

E.g. social skills training
E.g. anger management therapy

Question 21

Suicide rates are […] % higher in prison than in general population

Answer 21

15%
However it is difficult to demonstrate that psychological disorders are caused by imprisonment
Prisoners with psychiatric conditions may have had problems before they were institutionalised

Question 22

Why do courts need to be selective about who they send to prison

Answer 22

8-10% of criminals commit 50% of all crimes, so custodial sentencing is best reserved for these repeat offenders

Question 23

Why is crime prevention more effective than custodial sentencing

Answer 23

Avoids labelling a person as a criminal, and avoids the negative consequences of prison

Question 24

What alternative sentences can be a better way to combat low risk offenders because they can keep their social contacts and job

Answer 24

E.g. community service or fines

Question 25

What did David and Raymond find about custodial sentencing (-) when they did a review

Answer 25

Government ministers often exaggerate the benefits of prison in order to appear tough on crime
In reality, it does little to deter crime
They do this to appease the public as an act of retribution