Recidivism

1. Incorrigibility

Proponents of this view suggest that offenders are beyond reform, and as such, most sanctions, particularly less onerous ones, will not deter them from future offending. Many politicians subscribe to this philosophy and campaign on justice platforms that are aimed to “get tough on crime.” They argue that offenders make a rational choice to commit crimes and will reoffend if they are not punished severely enough.

2. Failure of the Sanction

Others believe that individuals will commit further crimes if their original punishment was inappropriate and did not act as a deterrent. Sentences may be too lenient and fail to make people recognize their wrongdoing. They may also be too harsh, which can cause offenders to disassociate from societal norms and react criminally. Some sanctions may not be an appropriate match for the type of offense or offender, such as a long term of imprisonment for a first-time, minor offender instead of an alternative measure.

3. Failure of Support in Reintegration

Offenders, particularly those who have served lengthy sentences in prison, may have difficulty reacclimating themselves upon release. With technological advances, shifts in public policy or ideals, political changes, and so on, the outside world may be significantly different from the one they previously knew. If offenders cannot adjust to the new norms of an ever-changing society, they may engage in illegal practices in an attempt to satisfy their needs. Recidivism then, is provoked not by the offender nor by the sentence imposed, but rather by the difficulties an individual has reintegrating into society, and the ineffectiveness of support mechanisms that are available to him or her.

4. Failure of Programs

A program, whether in a prison or as part of parole or probation, will only be effective if offenders participate in it fully. Without a commitment to the goals of the program, people may reoffend. For example, if an individual convicted of drinking and driving is sentenced to a 12-step program as a condition of parole, this program can only aid in reducing recidivism if he or she is a willing participant. Similarly, if a program is not effective in meeting the needs of offenders, then it may not prevent reoffending. Using the same example, if the same 12-step program is poorly run or is understaffed and underfunded, it may cause recidivism.

5. Peer Pressure and other Social Provocations

Even if offenders are given appropriate sanctions, are willing to change their behavior, and are active in a sound rehabilitative program, they may still return to criminal activity due to outside social influences such as peer pressure. For example, even if a young offender is placed in a drug rehabilitation program and wants to remain drug free, he or she may still reengage in drug use if pressured to by friends. In this case recidivism is directly related to social stimulus outside the control of the criminal justice system.

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