Dealing with offender behaviour: Custodial sentencing and Recidivism
- Created by: emmarhianne
- Created on: 21-02-17 13:25
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- Dealing with offender behaviour: custodial sentencing and recidivism
- A custodial sentence is one where the court requires an offender to be held in prison or another closed community like a psychiatric hospital
- Aims: to protect the public, to punish and prevent recidivism, retribution and rehabilitation
- Incapacitation: putting criminals in prison is necessary in the case of violent offenders or psychopaths who may not be able to control their behaviour and therefore the public needs protecting
- Punish and prevent recidivism: Behaviourist approach, the principle is that punishment decreases the likelihood of a behaviour being repeated
- Retribution: the offender should be seen to pay in some way for the crime they have committed, sense of justice and paying a fine is insufficient
- Rehabilitation: having a person in prison may provide them with the best opportunity to undergo therapy as they have fewer distractions ans can be incentives for participation
- Retribution: the offender should be seen to pay in some way for the crime they have committed, sense of justice and paying a fine is insufficient
- Punish and prevent recidivism: Behaviourist approach, the principle is that punishment decreases the likelihood of a behaviour being repeated
- Incapacitation: putting criminals in prison is necessary in the case of violent offenders or psychopaths who may not be able to control their behaviour and therefore the public needs protecting
- Recidivism: Refers to re-offending, the prison reform trust reported 46% of adults are re convicted within a year, this rose to 67% for those under 18
- De-individualisation: the stanford prison experiement illustrates how prison and guard uniforms may lead to a loss of individual identity-associated with increased level of aggression
- Depression, self-harm, suicide: offenders may feel anxious about their new environment and hopeless of their future due to a lack of control, depression can lead to self harm, and suicide can lead on form this.
- Over-crowding and lack of privacy: 25% prisoners are in overcrowded accommodation- can increase aggression, hyper sexuality and increased physcial illness
- Depression, self-harm, suicide: offenders may feel anxious about their new environment and hopeless of their future due to a lack of control, depression can lead to self harm, and suicide can lead on form this.
- Effective?
- High rates of recidivism suggests that, for at least 50% of prisoners punishment doesn't work, according to the behaviourist approach, punishment is effective if it happens immediately- doesn't happen with custodial sentencing; may see punishment for getting caught so learn to avoid getting caught-
- It has been argued that prisons increase the likelihood of reoffending, differential association theory: offender behaviour is increased with frequency and association with other offenders, becomes the norm amongst inmates and provides opportunities to learn.
- Appropriate?
- May be more suitable to some more than others, WALKER ET AL found that the length of sentence made little difference to habitual offenders who were just as likely to reoffend no matter the length. Rates of recidivism vary depending on age and type of crime, the youngger the more likely to reoffend for minor crimes like theft, than sexual offences-sentencing should be targeted in different ways with different groups
- An opportunity to provide rehabilitation for individuals so they can improve their lives and live a crime free life when back in society. Many prisoners access education trainging programmes whilst in prison and can increase their employability, anger management programmes also help offenders have an insight into behaviour and reduces recidivism, so this sentence can be worthwhile if prison have these facilities
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