16.1.15

Custodial Sentencing

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Custodial Sentencing Aims

There are several purposes of putting people in prison: punishment, rehabilitation, denunciation, deterrence and incapacitation. Custodial sentencing can be for several of these reasons.

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Punishment

  • Punishment (retribution): if a person commits a crime, they deserved to be punished accordingly.
  • This can be seen as the reason behind different lengths of sentences.
    • A more severe crime, like murder, should carry a higher penalty than a less severe crime like theft.
  • Society, through the government and social justice system, determine by how much a person should be punished.
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Rehabilitation

  • Rehabilitation: a person tries to transform their life.
    • For example, a person in prison for a drug related crime becomes sober.
    • Another example would be a person who has little or no education and obtains an education while in prison to be able to get a job once released.
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Rehabilitation cont.

  • There are certain crimes for which imprisonment for rehabilitation will not be the reason.
    • For example, a serial killer will not be in prison for rehabilitation as some view this unlikely to happen.
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Denunciation

  • Denunciation: if a person commits a crime, then governments/justice systems want to show the general public that those actions were wrong.
    • For example, a CEO of a major company could be imprisoned for committing fraud or covering up environmental damage.

Custodial Sentencing Aims continued

There are several purposes of putting people in prison: punishment, rehabilitation, denunciation, deterrence and incapacitation. Custodial sentencing can be for several of these reasons.

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Deterrence

  • There are two types of deterrence:
    • Specific deterrence: stopping future crime be committed by the criminal themselves.
      • For example, a petty thief being locked up to stop them from stealing in the future.
    • General deterrence: stopping the general public from committing the same crime by showing that the person is punished.
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Deterrence example

  • This is a reason behind strict drug laws in the USA. The government wanted to deter people from using/buying/selling drugs by handing out harsh punishments.
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Incapacitation

  • Incapacitation: this is when the public needs to be protected from the offender.
    • For example, serial killers, paedophiles, or rapists being locked away to prevent them from harming other people.
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Reasons

  • It is rare for there to be just one sole reason behind custodial sentencing.
  • Often, a combination of these five reasons are used to justify sentencing.

Jump to other topics

1Social Influence

2Memory

3Attachment

4Psychopathology

5Approaches in Psychology

6Biopsychology

7Research Methods

8Issues & Debates in Psychology (A2 only)

9Option 1: Relationships (A2 only)

10Option 1: Gender (A2 only)

11Option 1: Cognition & Development (A2 only)

12Option 2: Schizophrenia (A2 only)

13Option 2: Eating Behaviour (A2 only)

14Option 2: Stress (A2 only)

15Option 3: Aggression (A2 only)

16Option 3: Forensic Psychology (A2 only)

17Option 3: Addiction (A2 only)

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