Dealing with Offending Behaviour: Custodial Sentencing Flashcards
(31 cards)
custodial sentencing definition
A judicial sentence determined by a court, where the offender is punished by serving time in prison (incarceration) or in some other closed therapeutic and/or educational institution, such as a psychiatric hospital
recidivism definition
Reoffending, a tendency to relapse into a previous condition or mode of behaviour; in the context of crime, a convicted criminal who reoffends, usually repeatedly
deterrence definition
unpleasant prison experience to put off the individual/society from engaging in offending behaviour.
Deterrence can be illustrated by, ‘It might also send a message to others that crimes of this nature do not pay’.
incapacitation definition
offender taken out of society to prevent them reoffending and protect the public.
Incapacitation is illustrated by, ‘should be sent to prison for a very long time’.
retribution definition
society enacts revenge by making the offender suffer.
Level of suffering should be proportionate to the seriousness of the crime.
This is illustrated by the sentence, ‘now it’s his turn to pay with the loss of his liberty’.
rehabilitation definition
objective of prison is not purely punish, but to reform through access to development of skills.
This is illustrated by the sentence, ‘he might eventually mend his ways’
AO3 (1) custodial sentencing
- One strength of custodial sentencing may be the opportunity for rehabilitation
- For example, the rehabilitation model argues that offenders may become better people and less likely to reoffend due to access to education, training and anger management schemes
- This is a strength because it suggests that prison could be a worthwhile experience assuming offenders are able to access these programmes. But evidence of long-term benefits from prison schemes is inconclusive
- However, it can be argued that there is a prison inmate code where behaviour which is not desirable in the outside world, is encouraged in prison e.g. teaching each other how to commit crime, not listening to guards. Difficult in adjusting to the outside world
- Despite this, evidence from other countries e.g. Norway suggests that rehabilitation programmes are an effective way of reducing re-offending rates – economic implications
- Thus increasing the … validity of custodial sentencing as a way of dealing with offending behaviour
AO3 (2) custodial sentencing
- One limitation is the psychological effects of custodial sentencing
- For example, Bartol (1995) suggested prison can be ‘brutal and devastating’. Suicide rates among offenders are about 15 times higher than in the general population. Young single men in the first 24 hours of confinement are most at risk.
- In addition, the Prison Reform Trust (2014) found that 24% women and 15% of men reported symptoms of psychosis
- However, it can be argued that psychological effects of custodial sentencing could be linked to reoffending rates, more harm than good
- Despite this, it reduces the usefulness of custodial sentencing, as it is far from effective in rehabilitating offenders, especially those who are vulnerable. Ethical issues of custodial sentencing. Human rights are reduced
- Thus reducing the … validity of custodial sentencing as a way of dealing with offending behaviour
AO3 (3) custodial sentencing
- Another limitation of custodial sentencing is the effect of individual differences.
- For example, prison time is damaging for many but we cannot assume all offenders react in the same ways. Different prisons have different regimes, so experiences vary
- This is a weakness because length of sentence, reason for incarceration and previous prison experience are likely to affect reactions. Some offenders may also have pre-existing vulnerabilities
- However, it can be argued that individual differences can’t be taken into consideration – every offender is treated the same. Maximum security prison for the worst crimes committed. Preferential treatment for offenders is not ‘punishing’ the offender as such. Mental health issues offender is placed into care to protect themselves and others
- Despite this, society demands justice, individua differences are not a consideration where custodial sentencing is concerned. Individual differences can impact the effectiveness of rehabilitation programmes
- Thus reducing the … validity of custodial sentencing as a way of dealing with offending behaviour
AO3 (4) custodial sentencing
- A further limitation is that prisons can become ‘universities for crime’
- For example, alongside the legitimate skills that offenders may acquire during their time in prison, they may also undergo a more dubious ‘education’
- This is a weakness because the differential association theory suggests time spent with hardened criminals may give younger inmates the chance to learn ‘tricks of the trade’ from experienced offenders
- However, it can be argued that experienced offenders are in prison, so their skill set is not ideal. Less experienced prisoners can see where they would return to if they continued committing crime
- Despite this, as Sutherland argues, it is difficult to rehabilitate prisoners, which makes reoffending more likely. Vicious cycle of offending. Rehab programmes are not effective as criminals becoming better criminals than they were before they went to prison.
- Thus decreasing the … validity of custodial sentencing as a way of dealing with offending behaviour
AO3 (5) custodial sentencing
- A final limitation is that there are alternatives to custodial sentencing
- For example, Davies and Raymond (2000), in a review of custodial sentencing, concluded that government ministers often exaggerate the benefits of prison in a bid to appear tough on crime
- This is a weakness because the researchers suggest prison does little to rehabilitate offenders or deter others. Alternative (e.g. community service or restorative justice) allow employment and family contact to be maintained
- However, it can be argued custodial sentencing ensure public safety e.g. John Duffy. Society demands protection and deterrence to others about offending. Punishment fits the crime
- Despite this, ‘offenders’ with mental health issues are placed into care rather than custodial sentencing which may reduce crime rates and be more effective than custodial sentencing
- Thus reducing the … validity of custodial sentencing as a way of dealing with offending behaviour
What is custodial sentencing?
Convicted offenders spending time in prison or another closed institution (e.g., young offender institute, psychiatric hospital).
What are the four main aims of custodial sentencing?
1) Deterrence
2) Incapacitation
3) Retribution
4) Rehabilitation.
What is the goal of deterrence in custodial sentencing?
To put off individuals and society from offending by making prison experience unpleasant.
What are the two types of deterrence?
1) General deterrence – sends a message to society
2) Individual deterrence – prevents the offender from repeating crime.
What is incapacitation in custodial sentencing?
Removing the offender from society to prevent them from reoffending and protect the public.
Does incapacitation depend on the type of offender?
Yes, e.g., a serial murderer vs. someone who refuses to pay council tax.
What is retribution?
Society enacts revenge, making the offender suffer proportionally to their crime.
What biblical notion underpins retribution?
“An eye for an eye.”
How is prison viewed under retribution?
As the best way to make offenders pay for their actions.
What is the goal of rehabilitation in custodial sentencing?
To reform offenders so they leave prison better adjusted to society.
What opportunities should prison provide for rehabilitation?
Skills training, drug addiction treatment, and chance to reflect on crime.
What are three key psychological effects of custodial sentencing?
1) Stress and depression
2) Institutionalisation
3) Prisonisation.
What psychological risks increase due to prison stress?
Higher suicide rates, self-harm, and post-release psychological disturbance.
