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Offender management and rehabilitation

Age and Justice: The Treatment of Younger v Older Defendants in the Prison and Probation System

This paper was written by Curtis The from the University of Exeter and Jody Audley from Catch22

Contents

  • Introduction
  • Elderly Prison Populations
  • Age-Related Morbidity in Custodial Settings
  • The Psychosocial Burden of Imprisonment for Elderly Prisoners
  • Bespoke Support and Interventions for Elderly Defendants
  • Youth Prison Populations
  • Existing Interventions and Supportive Approaches for Young Defendants
  • Youth Offender Morbidity and the Limitations of Traditional Interventions
  • The Influence of Prosocial Bonds on Behaviour and Supporting Recidivism
  • The Treatment of Young People in Prison by Staff and the Dynamics of Intra-Inmate Abuse
  • Third Sector Pathways to Reintegration
  • Conclusion
  • References

Introduction

In the terminology of the criminal justice system, incarceration is conceived not only as physical confinement but as a dual-purpose sanction embodying both punitive and corrective functions. It reflects a logic of societal retribution, whereby those who have inflicted harm upon others are themselves subjected to suffering in the name of proportional justice and fairness, but also serves a purportedly rehabilitative role, in which legal punishment both reduces individual recidivism yet also performs as operant punishment, a consequence that diminishes the likelihood of future occurrence of the behaviour on which crime is contingent (Apel & Diller, 2016; Newman, 2017).

Prisons, accordingly, are institutions entrusted not only with the custodial care and management of individuals accused or convicted of criminal offences, encompassing both remand populations and those serving custodial sentences, but also with their compulsory detention and its attendant restrictions on liberty and freedom.

The prison and probation system is not age neutral. Young and elderly defendants arrive with markedly different developmental trajectories, health profiles, criminogenic needs, and social resources, all of which demand individualised, tailored responses.

Yet, prison policy and practice too often apply a standardised, unchanging model of custody and supervision, producing avoidable harms; over-punishment, over-discipline, unmet healthcare and wellbeing needs, and missed rehabilitative opportunities for youths and older adults alike (Elger et al., 2016).

This review explores the similarities and differences in young and older people in the criminal justice system through how they are treated the same, the differences in treatment they may experience, and how treatment should differ or be consistent between these two cohorts.

The aim of this review is to clarify the most effective interventions and facilities to address recidivism across these populations, how morbidity levels in these groups may be related to the existing prison system, and how the system’s environment impacts recovery and recidivism for younger and older prisoners.

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