A
custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a
reformatoryReformatory is a term that has had varied meanings within the penal system, depending on the jurisdiction and the era. It may refer to a youth detention center, or an adult correctional facility. The term is still in popular use for adult facilities throughout the United States, although most...
, (maximum security) psychiatry or drug detoxication (especially
cold turkey"Cold turkey" is an expression describing the actions of a person who gives up a habit or addiction all at once. That is, rather than gradually easing the process through reduction or by using replacement medication...
). For some crimes, such as cases of
child sexual abuseChild sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Forms of CSA include asking or pressuring a child to engage in sexual activities , indecent exposure of the genitals to a child, displaying pornography to a child, actual sexual...
, a custodial sentence is almost inevitable.
Although usually not labeled as such (at hence not in the legal sense) it can be considered a type of
corporal punishmentCorporal punishment is the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to change an undesirable attitude or behaviour...
, even if no further physical punishments are practiced within the institution (these can also be informal, without any rights of defense), since it constitutes a physical coercion.
A
custodial sentence is a judicial sentence, imposing a punishment (and hence the resulting punishment itself) consisting of mandatory custody of the convict, either in prison (incarceration) or in some other closed therapeutic and/or (re)educational institution, such as a
reformatoryReformatory is a term that has had varied meanings within the penal system, depending on the jurisdiction and the era. It may refer to a youth detention center, or an adult correctional facility. The term is still in popular use for adult facilities throughout the United States, although most...
, (maximum security) psychiatry or drug detoxication (especially
cold turkey"Cold turkey" is an expression describing the actions of a person who gives up a habit or addiction all at once. That is, rather than gradually easing the process through reduction or by using replacement medication...
). For some crimes, such as cases of
child sexual abuseChild sexual abuse is a form of child abuse in which an adult or older adolescent abuses a child for sexual stimulation. Forms of CSA include asking or pressuring a child to engage in sexual activities , indecent exposure of the genitals to a child, displaying pornography to a child, actual sexual...
, a custodial sentence is almost inevitable.
Although usually not labeled as such (at hence not in the legal sense) it can be considered a type of
corporal punishmentCorporal punishment is the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to change an undesirable attitude or behaviour...
, even if no further physical punishments are practiced within the institution (these can also be informal, without any rights of defense), since it constitutes a physical coercion. Indeed the technical term
duress is equally used for loss of liberty and for coercion.
The concept of
penal harmPenal harm, an intentionally harsher form of the "deprivation of liberty", is the belief that during custodial sentences , inmates should endure additional pain and suffering, not just having their basic rights taken away, to make the punishment deliberately harder.While this improves the desirable...
(see that article) often induces additional elements of physical endurance.
Every other sentence and
punishmentPunishment is the practice of imposing something unpleasant or aversive on a person or animal, usually in response to disobedience, defiance, or behavior deemed morally wrong by individual, governmental, or religious principles.-Etymology:...
is non-custodial, such as fines, judicial beatings, various mandatory but 'open' therapy and courses, restriction orders, loss or suspension of civil rights, or even suspended sentences.