Dealing with offending behaviour: Custodial sentencing -A-Level Psychology

Custodial sentencing

The aims of custodial sentencing:

1. Deterrence

The unpleasant prison experience is designed to put off the individual from engaging in offending behaviour.It works on two levels:general deterrence sends a message to society that crime will not be tolerated and individual deterrence should prevent the individual from repeating the same crime due to conditioning through punishment

2. Incapacitation

The offender is taken out of society to prevent them reoffending and to protect the public.The need for incapacitation depends on the severity of the offence and nature of the offender.

3. Retribution

Society is enacting revenge for the crime by making the offender suffer,the level of suffering should be proportionate to the seriousness of the crime.Many people see prison as the best option and alternatives are criticised as soft options.

4. Rehabilitation

Some people see the main objective of prison to reform rather than punish offenders.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 training or to access treatment programmes for drug addiction,as well as give the offender the chance to reflect on their crime.

The psychological effects of custodial sentencing:

Research has revealed several psychological effects associated with serving time in prison:

Stress and depression-suicide rates are higher in prison than in the general population.The stress of the prison experience also increases the risk of psychological distrubance following release.

Institutionalisation-Having adapted to the norms and routines of prison life,inmates may become so accustomed to these that they are no longer able to function on the outside.

Prisonisation-Refers to 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/rewarded inside the institution.

The problem of recidivism:

-Recidivism refers to reoffending.

-Statistics released by the Ministry of Justice in  2013 suggested that 57% of UK offenders will reoffend within a year of release.

-Although,statistics may vary according to the type of offence committed,the UK and US have the highest rates of recidivism in the world.

-Whereas,Norway has the lowest reoffending rates in Europe and less than half of those in the UK.

-Norwegian prisons are much more open and there is greater emphasis placed on rehabilitation and skills development than in the UK.But many commentators are very critical of the Norwegian model labelling it as a soft option that does not sufficiently punish its inmates.

Evaluation:

Evidence supporting psychological effects-Curt Bartol suggested that for many offenders imprisonment can be ‘brutal,demeaning and generally devastating’.In the past 20 years,suicide rates for offenders tended to be around 15 times higher than the general population.Those most at risk are young single men during the first 24 hours of confinement.A recent study conducted by the Prison Reform Trust (2014) found that 25% of women and 15% of men in prison reported symptoms indicative of psychosis.This suggests that maybe the oppressive prison regime triggers psychological disorders in those that are vulnerable.This also suggests that custodial sentencing not is not effective in rehabilitating the individual especially those who are psychologically vulnerable.

Opportunities for training and treatment-The rehabilitation model is based on the argument that offenders may become better people during their time in prison and lead a crime free life when they go back into society.Many prisoners access education and training whilst in prison increasing the possibility they will find employment upon release.Also,treatment programmes such as anger management schemes and social skills training may give offenders insight into their behaviour,reducing the likelihood of recidivism.This suggests that prison may be a worthwhile experience assuming offenders are able to access these programmes.Many prisons may lack the resources however to provide these programmes.Evidence to support long term benefits such schemes is not conclusive.

→ What is custodial sentencing?

Custodial sentencing refers to a form of punishment where an offender is sent to prison for a specified period of time.

→ What is the aim of custodial sentencing?

The aim of custodial sentencing is to punish the offender for their crime and to protect society from their harmful behavior.

→ What is the psychological impact of custodial sentencing?

Imprisonment can have a significant psychological impact on offenders. It can lead to feelings of isolation, depression, and anxiety, and can also have an adverse effect on their family and social relationships.

→ Is custodial sentencing effective in reducing reoffending?

The effectiveness of custodial sentencing in reducing reoffending is a matter of debate. While some studies suggest that it can deter offenders from committing further crimes, others argue that it can actually increase the risk of reoffending.

→ What are some alternatives to custodial sentencing?

Some alternatives to custodial sentencing include community service, probation, and restorative justice programs.

→ What is restorative justice?

Restorative justice is a process that focuses on repairing harm caused by crime. It involves bringing together the victim and offender to discuss the impact of the crime and to work towards finding a resolution.

→ What factors influence the decision to impose custodial sentencing?

Factors that can influence the decision to impose custodial sentencing include the severity of the crime, the offender’s criminal history, and the risk of reoffending.

→ What are some criticisms of custodial sentencing?

Some criticisms of custodial sentencing include that it can be expensive, it can lead to overcrowding in prisons, and it may not be an effective way to reduce crime.

→ What is the role of psychologists in dealing with offending behaviour and custodial sentencing?

Psychologists can play a significant role in designing and implementing programs aimed at reducing offending behaviour and addressing the psychological needs of offenders both during and after their time in custody. They can also provide expert testimony in court to inform sentencing decisions.

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