Custodial Sentencing
Psychology: AQA A Level, topic 16.1.12
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.
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.
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.
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.
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.
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.
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.
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.
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.
Test yourself on Custodial Sentencing
What would be the motivation for jailing a CEO of a major company for committing fraud or covering up environmental damage?
What would a petty thief being locked up to stop them from stealing in the future be an example of?
For which type of crime is incapacitation unlikely to be a reason for jail time?