Psychological Effects and Recidivism

Custodial sentencing, while aimed at addressing criminal behavior, can have significant psychological impacts on offenders and may not always effectively prevent reoffending.

Research has shown that employment programs in prisons can have a positive effect on reducing recidivism rates. A study by Gillis and Nefekh analyzed data from Canada's offender management system, involving 23,525 criminals released over a seven-year period. The experimental group, which completed an employment program and had a job upon release, was less likely to reoffend compared to a matched control group without such support. Approximately 70% of the experimental group stayed out of prison, compared to only 55% of the control group.

However, custodial sentencing is associated with several psychological effects:

1. Higher suicide rates in prison compared to the general population.
2. Increased risk of psychological disorders developing after release due to the stress of the prison experience.
3. Institutionalization, where offenders become so accustomed to prison life that they struggle to function outside of it.
4. Prisonization, a process where offenders are socialized into the inmate code, potentially adopting behaviors that are acceptable in prison but problematic in the outside world.

Recidivism, or the tendency to relapse into criminal behavior, remains a significant challenge. Typically, about 45% of offenders reoffend within a year of release. However, reoffending rates differ between countries, with those focusing more on rehabilitation and skill development, like Norway, having lower rates (around 20%) compared to countries like the US (around 60%).

Vocabulary: Recidivism refers to the tendency of a convicted criminal to reoffend or relapse into criminal behavior.

Example: Norway's focus on rehabilitation and skill development in its prison system has resulted in a significantly lower recidivism rate (20%) compared to the United States (60%).

Highlight: Employment programs in prisons can significantly reduce recidivism rates, as demonstrated by the Canadian study where 70% of participants who completed such programs stayed out of prison compared to 55% of those who didn't.

Custodial Sentencing and Its Aims

Custodial sentencing refers to a form of punishment where offenders are required to spend time in custody or other closed institutions as a consequence of their criminal actions. This approach to criminal justice serves multiple purposes within the legal system.

The aims of custodial sentencing can be categorized into four main objectives:

1. Deterrence: The unpleasant experience of imprisonment is intended to discourage criminal behavior. This operates on two levels: a) General deterrence aims to send a message to society that crime is not tolerated. b) Individual deterrence seeks to prevent the specific offender from repeating their crime based on their prison experience.

2. Incapacitation: By removing offenders from society, custodial sentencing aims to prevent reoffending and protect the public. The duration and nature of incapacitation often depend on the severity and type of offense committed.

3. Retribution: This aim focuses on the concept of punishment as a form of societal revenge. It operates on the principle that: a) The offender should suffer for their actions. b) The level of suffering should be proportionate to the offense committed. c) Prison is often viewed as the most appropriate option for achieving this goal.

4. Rehabilitation: This objective aims to reform prisoners, with the goal of helping offenders leave prison better adjusted for life in society. Rehabilitation programs should provide opportunities for skill development, training, or treatment, allowing offenders time for reflection and personal growth.

Definition: Custodial sentencing is a form of punishment where the offender spends time in custody or other closed therapeutic or educational institution as a consequence of their criminal actions.

Highlight: The four main aims of custodial sentencing are deterrence, incapacitation, retribution, and rehabilitation, each serving a distinct purpose in the criminal justice system.