Custodial Sentencing (AQA A-Level Psychology): Revision Notes

Custodial Sentencing

Custodial sentencing refers to when an offender is found guilty in court and sentenced to spend time in prison or a young offenders' institution as punishment. While it might seem that prison simply serves to punish criminals, custodial sentencing actually serves multiple functions within the criminal justice system, falling into four main categories: deterrence, retribution, confinement, and rehabilitation.

The aims of custodial sentencing

Deterrence

Deterrence operates on the principle that prison serves to prevent criminals from reoffending. This approach is rooted in behaviourist principles, suggesting that prisoners will learn that criminal behaviour leads to punishment and will therefore choose not to commit crimes again.

This aim can be measured through recidivism rates - the extent to which former prisoners commit further offences after their release. If deterrence is working effectively, we would expect to see low rates of reoffending among those who have served custodial sentences.

Retribution

This aim focuses on addressing the impact on victims, their families, and society more broadly. The principle behind retribution is that when someone commits a crime and harms others, they should face consequences for their actions. By removing their freedom through imprisonment, society demonstrates that criminal behaviour carries serious penalties.

Retribution is sometimes considered the primary motivation for using prison sentences, though critics argue this approach does little to prevent future offending and may actually hinder rehabilitation efforts.

Confinement

While serving a custodial sentence, offenders cannot commit crimes against the public. This aim, known as confinement, serves to protect society by physically removing dangerous individuals from the community for a specified period.

This approach is particularly relevant for violent offenders or sex offenders who may pose ongoing risks to public safety. By incarcerating these individuals, the criminal justice system ensures they cannot harm others during their sentence period.

Rehabilitation

Rehabilitation focuses on changing offenders' behaviour so they become less likely to reoffend upon release. This approach views prison as an opportunity to address underlying issues that may contribute to criminal behaviour, such as lack of education, employment skills, or substance abuse problems.

Rehabilitation programmes within prisons may include counselling, vocational training, and educational courses designed to help offenders develop skills and perspectives that support law-abiding behaviour after release.

Research on effectiveness

Evidence suggests mixed results regarding the effectiveness of custodial sentencing in achieving these aims. The Prison Reform Trust (2018) found concerning recidivism statistics:

The Ministry of Justice (2018) reported increasing numbers of people returning to custody, with 8,825 women serving sentences of less than 12 months being recalled to prison in 2017. This pattern suggests custodial sentencing may not effectively deter repeat offending.

However, some research indicates rehabilitation can work when properly implemented. Olsted (2014) found that offenders who participated in meaningful vocational training whilst in prison were more likely to find employment after release, which reduced their likelihood of reoffending.

Evaluation of custodial sentencing aims

The rehabilitation function is particularly problematic, with some critics describing prison as a "College of Crime" where offenders may actually learn new criminal techniques from other inmates. This suggests prison environments may sometimes have effects opposite to rehabilitation.

Retribution and confinement appear to be the aims most successfully achieved by custodial sentencing. These functions focus on victim and societal needs rather than changing offender behaviour, and they are fulfilled simply by the act of imprisonment itself.

The psychological effects of custodial sentencing

Prison environments can have profound psychological impacts on inmates. As Emmeline Pankhurst observed:

"Solitary confinement is too terrible a punishment to inflict on any human being, no matter what his crime."

Becoming institutionalised

Institutionalisation occurs when inmates adapt so completely to prison life that they lose confidence in their ability to function independently. The Stanford Prison Study demonstrated how quickly individuals can become influenced by institutional settings and lose their sense of personal agency.

For some prisoners, particularly those from disadvantaged backgrounds, prison may actually provide better living conditions than they experienced outside. When inmates have been homeless or lived in poverty, the security of regular meals, accommodation, and routine may become appealing. This can create a perverse incentive for reoffending, as returning to prison offers stability these individuals lack in the community.

Negative effects on mental health

Research consistently demonstrates that incarceration negatively affects prisoners' psychological wellbeing. Suicide rates in prison significantly exceed those in the general population, with Crighton (2006) noting this disparity. Several factors contribute to deteriorating mental health in prison:

• Overcrowding creates stressful living conditions
• Low staff-to-prisoner ratios limit access to support
• Lack of access to medical services
• Reduced opportunities for physical exercise
• Increased risk of physical assault
• Social isolation from family and community

Snow (2006) found important differences between prisoners who self-harm and those who attempt suicide. Self-harming prisoners typically display high levels of anger and stress, while those who are suicidal tend to withdraw socially and show signs of depression. Both behaviours indicate psychological distress resulting from the prison environment.

Cheeseman (2003) reported that aggressive incidents in prison often stem from the need to relieve stress caused by the highly stressful prison environment, suggesting that aggression may be a response to circumstances rather than inherent criminal tendencies.

Research evidence

Several studies highlight the complex relationship between mental health and custodial sentencing:

Hollin (1992) noted that some prisoners found prison preferable to their outside circumstances, receiving regular meals, accommodation, and companionship. This finding raises questions about social conditions that make prison seem attractive compared to community living.

Recidivism

Recidivism rates provide important evidence about the effectiveness of custodial sentencing. Statistics from 2011-2012 for England and Wales reveal concerning patterns:

• 573,000 adult and juvenile offenders were cautioned, convicted, or released from custody
• 149,000 (26%) committed proven reoffences within one year
• 438,000 proven reoffences were recorded within a year, averaging 2.9 offences per reoffender

These statistics demonstrate that a substantial proportion of offenders return to criminal behaviour after experiencing custodial sentencing, suggesting limited effectiveness in achieving deterrence or rehabilitation aims.