DEALING WITH OFFENDING
BEHAVIOUR
what is the aim of custodial sentencing? - correct answer-to prevent recidivism/re-offending
what are the categories for custodial sentencing? - correct answer-- deterrence
- retibrution
- confinement / incapacitation
- rehabilitation
what is deterrence? - correct answer-- the unpleasant prison experience is designed to put
off the individual from re-engaging in offending behaviour.
- Deterrence works on two levels:
- (i) general deterrence which aims to send a broad message to members of a society that
crime will not be tolerated.
- (ii) Individual deterrence should prevent recidivism (re-offending) in light of their experience
What is retribution? - correct answer-- when society is taking revenge for the crime by
making the offender suffer
- the level of suffering should be
proportionate to the seriousness of the crime.
- It is based on the idea that the offender should, in some way pay for their action
what is confinement (incapacitation)? - correct answer-- the offender is taken out of society,
to prevent reoffending (recidivism) in the future, as a means of protecting the public.
What is rehabilitation? - correct answer-- the main objective of prison is to reform.
- 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.
- This serves to try to reduce recidivism and protect society from future crimes being
committed by the offender
What is recidivism? - correct answer-- refers to reoffending following custodial sentencing
- recidivism is used as a measure of the effectiveness of custodial sentencing
- If recidivism rates are high, this is a concern for society, as it has implications for the aims
of custodial sentencing and suggests that current treatment programmes (e.g. behaviour
modification and anger management) in prisons do not necessarily work
- researcher suggested that three quarters of young offenders, and about half of adult
offenders commit further offences within two years of release from prison.
- The explanations for recidivism are complex and are likely to be due to a combination of
personal, sociological, economic, and lifestyle factors.
, what are the common explanations for recidivism? - correct answer-- Prison might make
someone more likely to engage in criminal behaviour.
- For example, whilst in prison, people might meet drug dealers with whom he or she can
network, or might have to behave in a highly aggressive way to avoid being assaulted in
prison
· Being in prison can interfere with a person's ability to obtain gainful employment both
because of the person's criminal record and because time in prison is time away from
employment and the opportunity to gain skills.
· Prison may not remedy the factors that caused a person to engage in criminal activity in the
first place.
- being in prison can make these problems worse.
- For example, a person with mental illness might not receive treatment in jail, causing their
mental health issues to become worse. (Bradley Report 2009 showed more than 90% of
young offenders had a common mental health problem)
EVALUATION OF AIMS OF CUSTODIAL SENTENCING & RECIDIVISM
strength - Opportunities for training and treatment to help reduce recidivism - correct
answer-P - one strength of rehabilitation as an aim of custodial sentencing, is that it is based
on the argument that offenders may become better people during their time in prison, and
their improved character means they are able to lead a crime-free life when back in society.
E - Many prisoners do access education and training whilst in prison increasing the
possibility that they will find employment upon release.
E - Additionally, treatment programmes such as anger management schemes may give
offenders insight into their behaviour, reducing the likelihood of recidivism (reoffending).
L - this is a strength as this suggests prison may be a worthwhile experience, (and might
meet the aim of rehabilitation); assuming offenders are able to access these programmes.
EVALUATION OF AIMS OF CUSTODIAL SENTENCING & RECIDIVISM
weakness - The aims of custodial sentencing are not effective in reducing recidivism -
correct answer-P - one weakness is that the aims of custodial sentencing aren't effective in
reducing recidivism
E - a researcher found that 3/4 of young offenders, and about 1/2 of adult offenders commit
further offences within two years of release from prison
E - this suggests the aims of custodial sentencing are not being met, which puts greater
strain on society.
E - also being with hardened criminals, may give younger inmates, in particular, the
opportunity to learn the 'tricks of the trade' from more experienced offenders, as Sutherland's
Differential Association Theory would suggest.
L - this is a weakness because this may undermine attempts to rehabilitate prisoners, so
therefore not reducing recidivism.
EVALUATION OF AIMS OF CUSTODIAL SENTENCING & RECIDIVISM
BEHAVIOUR
what is the aim of custodial sentencing? - correct answer-to prevent recidivism/re-offending
what are the categories for custodial sentencing? - correct answer-- deterrence
- retibrution
- confinement / incapacitation
- rehabilitation
what is deterrence? - correct answer-- the unpleasant prison experience is designed to put
off the individual from re-engaging in offending behaviour.
- Deterrence works on two levels:
- (i) general deterrence which aims to send a broad message to members of a society that
crime will not be tolerated.
- (ii) Individual deterrence should prevent recidivism (re-offending) in light of their experience
What is retribution? - correct answer-- when society is taking revenge for the crime by
making the offender suffer
- the level of suffering should be
proportionate to the seriousness of the crime.
- It is based on the idea that the offender should, in some way pay for their action
what is confinement (incapacitation)? - correct answer-- the offender is taken out of society,
to prevent reoffending (recidivism) in the future, as a means of protecting the public.
What is rehabilitation? - correct answer-- the main objective of prison is to reform.
- 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.
- This serves to try to reduce recidivism and protect society from future crimes being
committed by the offender
What is recidivism? - correct answer-- refers to reoffending following custodial sentencing
- recidivism is used as a measure of the effectiveness of custodial sentencing
- If recidivism rates are high, this is a concern for society, as it has implications for the aims
of custodial sentencing and suggests that current treatment programmes (e.g. behaviour
modification and anger management) in prisons do not necessarily work
- researcher suggested that three quarters of young offenders, and about half of adult
offenders commit further offences within two years of release from prison.
- The explanations for recidivism are complex and are likely to be due to a combination of
personal, sociological, economic, and lifestyle factors.
, what are the common explanations for recidivism? - correct answer-- Prison might make
someone more likely to engage in criminal behaviour.
- For example, whilst in prison, people might meet drug dealers with whom he or she can
network, or might have to behave in a highly aggressive way to avoid being assaulted in
prison
· Being in prison can interfere with a person's ability to obtain gainful employment both
because of the person's criminal record and because time in prison is time away from
employment and the opportunity to gain skills.
· Prison may not remedy the factors that caused a person to engage in criminal activity in the
first place.
- being in prison can make these problems worse.
- For example, a person with mental illness might not receive treatment in jail, causing their
mental health issues to become worse. (Bradley Report 2009 showed more than 90% of
young offenders had a common mental health problem)
EVALUATION OF AIMS OF CUSTODIAL SENTENCING & RECIDIVISM
strength - Opportunities for training and treatment to help reduce recidivism - correct
answer-P - one strength of rehabilitation as an aim of custodial sentencing, is that it is based
on the argument that offenders may become better people during their time in prison, and
their improved character means they are able to lead a crime-free life when back in society.
E - Many prisoners do access education and training whilst in prison increasing the
possibility that they will find employment upon release.
E - Additionally, treatment programmes such as anger management schemes may give
offenders insight into their behaviour, reducing the likelihood of recidivism (reoffending).
L - this is a strength as this suggests prison may be a worthwhile experience, (and might
meet the aim of rehabilitation); assuming offenders are able to access these programmes.
EVALUATION OF AIMS OF CUSTODIAL SENTENCING & RECIDIVISM
weakness - The aims of custodial sentencing are not effective in reducing recidivism -
correct answer-P - one weakness is that the aims of custodial sentencing aren't effective in
reducing recidivism
E - a researcher found that 3/4 of young offenders, and about 1/2 of adult offenders commit
further offences within two years of release from prison
E - this suggests the aims of custodial sentencing are not being met, which puts greater
strain on society.
E - also being with hardened criminals, may give younger inmates, in particular, the
opportunity to learn the 'tricks of the trade' from more experienced offenders, as Sutherland's
Differential Association Theory would suggest.
L - this is a weakness because this may undermine attempts to rehabilitate prisoners, so
therefore not reducing recidivism.
EVALUATION OF AIMS OF CUSTODIAL SENTENCING & RECIDIVISM
