forensics: custodial sentencing ao3

Question 1

Research support for positive effects of custodial senetencing

Answer 1

Research supports the idea that custodial sentencing has rehabilitative value for inmates. Research has found that many inmates access education whilst in prison, which increases the chances of finding employment upon release. For example, Shirley (2019) reported that offenders who take part in a college programme are 43% less likely to reoffend following release. Furthermore, institutions that offer such programmes report fewer incidents of violence. This suggests that prison may be a worthwhile experience assuming that inmates have access to these programmes

Question 2

Research supporting for neg effects of custodial sentencing

Answer 2

Unfortunately however, there is also research supporting the negative psychological effects that prison has on prisoners. Bartol (1995) reported that for many offenders imprisonment can be brutal, demeaning and generally devastating. Research has found that 119 people committed suicide in prisons in England and Wales in 2016, which equates to one suicide every three days and is almost 9 times higher than in the general population. Furthermore, the prison reform trust (2014) found that 25% of women and 15% of men reported symptoms of psychosis. This supports the idea that the oppressive regimes in prisons may be detrimental to psychological health, which could impact rehabilitation, and therefore challenges the effectiveness of custodial sentencing.

Question 3

Counter to neg effects of cu

Answer 3

However, it must also be said that many convicts may have pre-existing psychological and emotional difficulties, which could also explain offending behaviour in the first place. The importation model (Irwin & Cressey, 1962) argues that prisoners may bring some of their psychological problems with them, so it is difficult to separate the impact of the prison from pre-existing conditions. This suggests there may be confounding variables that influence the link between prison and it’s psychological effects.
Finally, the cost of prison care and the problems associated with custodial sentencing means that alternatives, such as probation, community service, and anti-social

Question 4

Alt may be better

Answer 4

Finally, the cost of prison care and the problems associated with custodial sentencing means that alternatives, such as probation, community service, and anti-social behaviour orders, may in fact be better. Evidence suggests, for example, that cautions are more effective deterrents that arrests (Klein, et al. 1977) and that offenders given community rehabilitation rather than a prison sentence are less likely to reoffend (Home Office, 2005). Alongside the reduction in reoffending, non-custodial sentencing would also help to avoid some of the psychological problems that can come about as a result of incarcerated, suggesting that these forms of dealing with offenders could be better, at least for first time offenders or less serious crimes, and more effective in the long-term.