Working with offenders after sentencing

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When an offender has been through the court processes and a guilty verdict has been reached, an appropriate sentence has to be decided. When a conclusion regarding the gravity of the offence is reached, suitable community protection must be enforced through punishment or rehabilitation or a combination of the two (Birgden, 2008). There is much dispute regarding the effectiveness of particular sentences on offender recidivism (McGuire, 2002). It was reported that within the four main types of sentencing used by English court systems (imprisonment, community service orders, probation orders and probation with additional requirements) there was no more than 3% variation between predicted and actual reoffending rates for every sentence (Lloyd, Mair & Hough, 1994). This has practical implications as it can be argued that sentencing type has no influence on whether a criminal will reoffend, and it is therefore irrelevant.

Despite this, there are many reported benefits associated with different types of sentence attempting to punish and/or rehabilitate offenders. For serious offences, prison is the main method of punishment. It is widely regarded by the public and policy makers that prison is the most severe and effective form of punishment for criminal behaviour within the judicial system (Doob, Sprott, Marinos, & Varma, 1998; Spelman, 1995; Wood & Grasmick, 1999), and expected by both that imprisonment has robust deterrent effects for reoffending in the future (DeJong, 1997). These deterrent effects are twofold; deterrence for the population as a whole (general deterrence) and for adjudicated offenders (specific deterrence) (McGuire, 2002). Clarke and Cornish’s (1985) pioneering rational choice theory assumes that a potential criminal decides whether to commit a crime after evaluating costs and benefits of the particular crime. Therefore, the notion that prison will act as both a general and specific deterrent may be attempting to address the process of committing a crime as a rational decision, and would assume that potential criminals (including individuals who have never committed an offence, and individuals who have previously been imprisoned) would believe prison to be a powerful disincentive not to commit a crime.

It has been maintained that imprisonment imposes direct and indirect costs onto prisoners (e.g. loss of income, stigmatisation upon release, and psychological effects of prison), and therefore faced with the prospect of returning to prison, a rational individual would choose to not engage in further criminal activities (e.g. Nagin, 1998; Wood & Grasmick, 1999). This theory has been displayed in a study using aggregate data by Fabelo (1995), who reported a 30% increase in incarceration rates across 50 U.S. states, which corresponded with a 5% decrease in crime rates over a five year period. This study was interpreted as convincing evidence that imprisonment is a robust deterrent (Reynolds, 1996), however, problems with such studies using aggregate data have been criticised for expressing results in correlational terms and inflating individual level results (Zajonc & Mullaly, 1997). Research such as Fabelo (1995) also may be criticised for not allowing causality to be inferred due to many extraneous factors such as demographics (von Hirsch et al., 1999)

There are many other arguments as to why prison may not increase specific deterrence. It has been argued that prison as punishment for criminal acts does not have any positive effects on recidivism rates after release as it only temporarily suppresses undesired behaviour (Hollin, 1992; Losel, 1995), and even teaches prisoners more undesirable skills and behaviours (Sanson, 1995).

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Conversely it may be argued that as undesirable behaviours are suppressed while the individual is imprisoned, there may be opportunity for the offender to participate in rehabilitative projects such as social skills and educational programs to learn acceptable alternative behaviours as an alternative to crime (Sanson, 1995). It has been suggested that rehabilitation is more effective at reducing reoffending than punishment (Birgden, 2008) and that the most effective way to produce behavioural change is not to simply suppress the inappropriate behaviours, but promote socially acceptable ones (Blackman, 1996). Rehabilitation attempts to bring about individual changes in offenders, and is ...

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