Recidivism

What is Recidivism?

• Recidivism is the tendency for an offender to engage in repeated criminal behavior. This usually refers to the condition of being convicted for a crime, serving the sentence, and then committing another crime that results in a new conviction and sentence.^[1]
• In criminal cases, we often focus on the past behavior of offenders, assuming they're likely to commit crimes again. Habitual criminality is when someone repeatedly breaks the law, leading to legal restrictions on their behavior. The seriousness of the crimes doesn't matter as much as the pattern of behavior. To reduce crime, we need to address this habit. If rehabilitation isn't possible, limiting the offender's freedoms might be necessary.
• As defined in various judicial precedents,^[2] recidivism refers “Habit connotes that a person should be committing such acts recurrently so as to allow a reasonable person of reasonable prudence to come to a reasonable conclusion that he is in the habit of committing such acts. Stray incidents would not permit legitimate inferences or conclusions of "habit”. “Habit" indicates that the person should be addicted to the commission of such acts and it should be his habit to omit such acts”. Furthermore,^[3] they highlight the damaging effects of prison life on moral character. In such environments, devoid of productivity and pleasure, rehabilitation becomes nearly impossible. Overcrowding and inhumane treatment in Indian prisons exacerbate this challenge.

Official Definition

• The tendency of relapsing into crimes by the criminals is known as Recidivism.^[4] A recidivist is a person who relapses into crime again and again after having been convicted on previous occasion(s).^[5]
• In criminal procedure code, Section 41 provides the arrest of the habitual offender without an arrest warrant and Section 110 says about the requirement of bond as a security for good behavior from habitual offenders. In Indian Penal Code Section 413 provides the provision relating to the persons who deal in stolen property habitually, Section 310 has provisions relating to the thug.^[6]
• Section 43 of the Bharatiya Nagarik Suraksha Sanhita allows police officers to use handcuffs when arresting individuals involved in serious crimes such as habitual or repeat offenders, escapees, organized crime, terrorism, drug-related crimes, illegal possession of arms, murder, rape, acid attacks, counterfeiting, human trafficking, sexual offenses against children, or offenses against the State.^[7]

Appearance in Official Databases

As per the Prison Statistics India 2022 released by National Crime Records Bureau (NCRB),^[8] a total of 2,471 convicts were habitual offenders/recidivists which accounted for 1.9% of total convicts (1,29,009) admitted during the year 2022.

• In 2003, the Government of India introduced the Model Prison Manual (MPM) to improve prison administration.^[9] It outlined guidelines for treating young offenders separately from adults, focusing on education and training programs to prevent further criminal behavior and reduce recidivism.

• While recidivism isn't a major issue in the Indian criminal justice system, it's imperative to proactively address it before it escalates. Rather than relying on harsh punishment, modern penology advocates for individualized treatment, viewing criminality as a social disorder that requires tailored correctional approaches:^[10]

1. Repeat offenders often face harsher punishment, as it is believed that previous penalties were not sufficiently deterrent. For example, under the Indian Penal Code (IPC), Section 75 mandates life imprisonment or up to ten years for subsequent offenses related to certain crimes. Additionally, IPC Section 370 convicts of human trafficking face life imprisonment, while first-time offenders face seven to ten years. Section 376-E stipulates life imprisonment or death for subsequent rape offenses. Similarly, habitual dealing in stolen property may lead to life imprisonment, while first-time offenders face up to three years or a fine.
2. Recidivists and habitual offenders are placed under constant surveillance. Section 356 of the Code of Criminal Procedure, 1973 allows a competent court to order notification of a convict’s residence for up to five years. State governments may make rules for this notification. Habitual offenders may also be required to execute a bond for good behavior for a maximum of three years. State laws must adhere to constitutional rights. In Govind v. State of MP, the Supreme Court upheld regulations for surveillance, including domiciliary visits, on suspected habitual criminals.

Research that Engages with Recidivism

• The study, ‘Open Prisons and Recidivism’, released by National Criminal Justice Reference Service, posits the idea that open prisons work towards potential reduction of recidivism. It is emphasized that the prison settings that facilitate convict reintegration, such as open prisons, are notably successful in lowering recidivism rates.
• The study, Recidivism among Prisoners in Tihar Jail and Contributing Factors: A Qualitative Study, authored by S. Manikandan & K. Jaishankar, examines recidivism factors among repeat offenders in Tihar Jail, New Delhi. Data collected through in-depth interviews with prisoners revealed key contributors: substance abuse, financial instability, unemployment, poor living conditions, lack of parental supervision, societal non-acceptance, peer pressure, migration, early school dropout, broken relationships, lack of rehabilitation, and stigmatization.
• The article, The Effectiveness of Correctional Rehabilitation: A Review of Systematic Reviews, authored by Mark W. Lipsey & Francis T. Cullen, advocates for the notion that correctional interventions significantly influence recidivism rates upon offenders' release. While punitive measures often exhibit limited efficacy or even exacerbate reoffending, rehabilitation programs consistently demonstrate positive outcomes. However, the underutilization of effective rehabilitation strategies in practice underscores a substantial disparity between research findings and implementation within correctional systems.
• The study, ‘A Study on Bail and Extent of its Abuse including Recidivism’ by TATA Institute of Social Sciences, provides an empirical study on Bail Abuse including recidivism, heavily dependent on support from various quarters - victims, witnesses, civil society such as media, NGOs, community members and criminal justice functionaries.

International Experiences

• Norway

In Norway,^[11] recidivism is low due to a progressive approach focused on rehabilitation, shorter sentences, community-based alternatives to prison, and restorative justice principles. This emphasizes education, therapy, and vocational training in prison, along with community support upon release. The system aims for reintegration over punishment, resulting in lower rates of reoffending compared to other countries.

• United States^[12]

Recidivism rates in the U.S. are some of the highest in the world with almost 44% of criminals released returning to prison within their first year out. Different states in the U.S. have different ways in which they measure recidivism - states also vary in how they rehabilitate inmates and support their reintegration into society, which affects recidivism rates.

• Netherlands^[13]

Netherlands, lauded for its social liberalism, emphasizes resocialization and community integration for prisoners. Dutch criminal justice assesses crimes on a scale, considering factors like mental illness. This approach leads to lower reoffending rates and reduced prison populations. Decreasing crime rates and innovative justice practices have even led to prison closures, with surplus spaces leased to other countries.

• Canada^[14]

Canada's framework prioritizes housing, education, employment, health, and support networks for offender reintegration. Transitional housing addresses post-release instability. Technology and literacy skills are crucial, with efforts to modernize infrastructure. Community employment reduces reoffending, especially for women. Early access to medical services is vital post-release. Positive support networks during incarceration reduce recidivism. The framework evolves through engagement, implementing innovative projects to reduce reoffending.

Similar Terms but Different Meanings

• Rearrest

Rearrest refers to the act of taking a person into custody again after they have been previously arrested, typically due to new allegations or charges against them, a violation of bail conditions, or failure to appear in court.

• Reconviction

Reconviction refers to the situation where an individual who has previously been convicted of a crime is found guilty of committing another offense after having served their sentence for the initial conviction.

• Reimprisonment

Reimprisonment refers to the situation where an individual who has previously been incarcerated for a criminal offense is returned to prison due to a violation of the terms of their release or parole.

Way Forward

The tendency for an offender to engage in repeated criminal behavior, remains a critical concern in our criminal justice systems. Despite various measures taken, its persistence demands a multifaceted approach. We must move beyond traditional punitive measures, focusing instead on individualized treatment and rehabilitation. Through education, therapy, vocational training, and community support, we can work towards the reintegration of offenders into society, reducing recidivism rates. Drawing lessons from international experiences, particularly from countries like Norway, the Netherlands, Canada, and others, we can develop effective strategies to address recidivism and build safer communities.

References

1. Cornell Law School, Legal Information Institute, Recidivism <https://www.law.cornell.edu/wex/recidivism>.
2. Mohan Parmanand Khatri v. Shri M.G. Ingle, 2004 CRILJ 1017.
3. Sunil Batra v. Delhi Administration, 1980 AIR 1579.
4. National Crime Records Bureau, Crimes in India <https://ncrb.gov.in/sites/default/files/crime_in_india_table_add.>
5. Washington State Department of Corrections, Recidivism Revisited <https://www.doc.wa.gov/aboutdoc/measuresstatistics/docs/Recidivism%20Revisited.pdf>.
6. Dr. Raj Kumar Yadav, Recidivism in India and Statutory Provisions Relating to the Habitual Offenders <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2392802>.
7. Primer on the Bharatiya Nagarik Suraksha Sanhita, 2023 <https://s3.amazonaws.com/documents.lexology.com/13734583-e0f5-4f61-b075-349178be3911.pdf?AWSAccessKeyId=AKIAVYILUYJ754JTDY6T&Expires=1713595975&Signature=Qh2udwKpGZ94cAcLDX44S2N%2FRbE%3D>.
8. National Crime Records Bureau, Prison Statistics India, 2022 <https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/psiyearwise2022/1701613297PSI2022ason01122023.pdf>.
9. Bureau of Police Research and Development, Model Prison Manual <https://www.mha.gov.in/sites/default/files/2022-12/ModelPrisonMan2003_14112022%5B1%5D.pdf>.
10. e-Pathshala, Penology and Sentencing <https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S001608/P001739/M022058/ET/1504173299Etext.pdf>.
11. Meagan Denny, Norway's Prison System: Inv s Prison System: Investigating Recidivism and Reintegration <https://digitalcommons.coastal.edu/cgi/viewcontent.cgi?article=1032&context=bridges#:~:text=The%20Scandinavian%20countries%20have%20very,normalcy%20within%20its%20prison%20system>.
12. Recidivism Rates in the US <https://wisevoter.com/state-rankings/recidivism-rates-by-state/#:~:text=Recidivism%20rates%20in%20the%20U.S>.
13. Recidivism among offenders in the Netherlands: Report on the period 2006-2018 <https://repository.wodc.nl/bitstream/handle/20.500.12832/228/Cahier_2019-10_Summary_tcm28-396009.pdf?sequence=4&isAllowed=y#:~:text=The%20two%2Dyear%20adjusted%20very%20serious%20recidivism%20rate%20has%20increased,up%20to%2017%25%20in%202015.&text=%E2%80%A2-,The%20adjusted%20average%20number%20of%20new%20criminal%20cases%20per%20year,research%20period%2C%20at%20around%200.7>.
14. Katrina Eñano, Canada launches new framework to reduce recidivism <https://www.canadianlawyermag.com/practice-areas/criminal/canada-launches-new-framework-to-reduce-recidivism/368055>.