Dealing with Offending Behaviour - Custodial Sentencing

Question 1

What is custodial sentencing?

Answer 1

-a decision made by a court that punishment for a crime should involve time being in custody or an institution

Question 2

What are the 4 reasons for custodial sentencing?

Answer 2

1. deterrence
2. incapacitation
3. retribution
4. rehabilitation

Question 3

What is deterrence?

Answer 3

-unpleasant prison expriment is designed to putt of the individual from engaging in OB
-based on behaviourist idea of conditioning
-through vicarious punishment

Question 4

What is general deterrence?

Answer 4

-aims to send a broad message to members of a given society that crime will not be tolerated

Question 5

What is individual deterrence?

Answer 5

-should prevent the individual from repeating the same offences in light of their experience

Question 6

What is incapacitation?

Answer 6

-offender is taken out of society to prevent them reoffending

Question 7

What is the need for incapacitation?

Answer 7

-depends upon the severity of the offence and nature of offender
-eg. individuals will need more protection from a serial murder than some who refuses to pay tax

Question 8

What is retribution?

Answer 8

-society is enacting revenge for the offence by making the offender suffer
-the level of suffering should be proportionate to the seriousness of the offence
-based on the notion ‘an eye for an eye’

Question 9

What is rehabilitation?

Answer 9

-upon release, offenders should leave prison better adjusted and ready to take their place back in society
-prison should provide opportunities to develop skills and access to treatment programmes
-give the offender chance to reflect on their offence

Question 10

What are the 3 psychological effects of custodial sentencing?

Answer 10

1. stress and depression
2. institutionalisation
3. prisonisation

Question 11

What is stress and depression?

Answer 11

-suicide rates are higher in person
-the stress of prison experience also increase the risk of developing psychological disorders following release

Question 12

What is institutionalisation?

Answer 12

-having adapted to norms of prison
-inmates may become so accustomed to these that they are no longer able to function on the outside

Question 13

What is prisonisation?

Answer 13

-the way in which prisoners are socialised into adopting an ‘inmate code’
-behaviour that may be considered unacceptable in the outside world may be encouraged and rewarded inside the walls of prison

Question 14

What is recidivism?

Answer 14

-reoffending
-a tendency to relapse into a previous condition or a mode of behaviour

Question 15

Why is is hard to obtain clear figures for recidivism rates?

Answer 15

-depends on whether you are looking at reoffending within a year of release or a longer period

Question 16

What do recidivism rates tell us?

Answer 16

-to what extent prison acts as an effective deterrent

Question 17

What do reoffending rates vary with?

Answer 17

-time period after release
-age of offender
-crime committed
-country

Question 18

What is the rate in Norway?

Answer 18

20%
-there is less emphasis on incarceration
-greater emphasis on rehabilitation and skills development

Question 19

What is the rate in the UK?

Answer 19

45%

Question 20

What is a limitation of custodial sentencing?

Answer 20

-negative psychological effect on prisoners
-Barton suggested that improv ent can be demeaning and brutal
-according to ministry of justice - 119 killed themselves in prisons in England + Wales in 2016
-most at risk are young single men during the first 24hrs of confinement
-from the PR study - 25% of women and 15% men in prison reported symptoms of psychosis
-supports the view that oppressive prison regimes may be detrimental to psychological health

Question 21

What is a counterpoint to the negative psychological effects of custodial sentencing?

Answer 21

-the figures in the prison reform trust study include the number of inmates who were experiencing psychotic symptoms before they were incarcerated
-might have had pre-existing psychological and emotional difficulties at the time they were convicted
-importation model argues that prisoners may import some of psychological problems so we don’t know if this is a problem with prison regime or trauma of being locked away
-suggests there may be confounding variables that influence the link between prison and its effects

Question 22

What is a strength of custodial sentencing?

Answer 22

-provides opportunity for training and treatment
-rehab offers offenders to become better people during their time in prison
-may mean they be able to lead a crime free life when back in society
-can access education and training - increasing the possibility they will find employment upon release
-Shirley claims that offenders who take part in education programmes are 43% less likely to reoffend
-suggests prison may be a worthwhile experience assuming offenders are able to access these programmes

Question 23

What is a limitation of custodial sentencing? - school for crime

Answer 23

-offenders may learn to become better offenders
-may acquire legitimate skills as well as ‘education’ during their sentence
-incarceration with long term offenders may give younger inmates the opportunity to learn ‘tricks of the trade’ from mor experienced prisoners
-may also acquire criminal contacts whilst in prison that they may follow up when released
-this may undermine attempts to rehabilitate prisoners and may make reoffending more likely