The characteristics of recidivism
Various definitions of reoffending i.e., recidivism can be found in scientific literature: legal, criminological and penological. Notwithstanding the discussion about different definitions of reoffending and various types of recidivists, it should be emphasised that, according to a penological standpoint, the term recidivist refers to any person serving a prison sentence again. Regardless of all the possible flaws of some definitions, it is indisputable that recidivists represent a specific category in comparison to first-time offenders since they repeat criminal offences several times, and some of them even consider it a way of life.
The specific characteristic of recidivists comes from the fact that they have already undergone the process of resocialisation, the results of which were insufficient. There is no doubt that inefficiency of punishment, inappropriate prison treatment, personality features, unsatisfactory living conditions (poverty, unemployment, homelessness), insufficient and incomplete education, dysfunctional family relations and lack of socio-psychological support after the convicted person leaves the institution and many other circumstances have an impact on the rate of recidivism.
Photography: Ana Batrićević
Does leaving prison mean the end of punishment?
The fact that served sentence does not automatically mean the end of punishment is confirmed by numerous convicted persons whose lives remained in the shadows of prison gates even after they served their sentences. The marks of prison life are deepened, among the rest, by stigmatisation that comes from the convicted person’s surroundings. Therefore, the following questions can be raised. Are recidivists the persons that do not know what to do with themselves and their freedom or are they the persons that are being returned to the circumstances that are much worse than the ones in prison? Is the actual accomplishment of a prison sentence, with all associated deprivations, rather a better adjustment to prison conditions than reintegration into the social community? Do only homeless, poor, uneducated, old, ill and persons who have no family or friends re-offend?
Moreover, we can ask ourselves whether a convicted person can be “repaired” in prison, outside the actual life circumstances under which criminal behaviour occurred and in which the convicted person is returned after serving the sentence. Through punishment and prison treatment, society addresses the consequences of a criminal offence, whereas the conditions and causes that led to offending remain unresolved, and sometimes even unknown, frequently undermining the success of resocialisation and leading to recidivism. After being exposed to long-term isolation and various prison deprivations, a convicted person often loses trust not only in others but in him/herself as well. Despite preserved relations with persons outside the prison walls, some convicted persons still find it easier to adapt to prison conditions than to life after the sentence.
Without a thorough study of convicted persons’ personalities and a profound insight into social circumstances that anticipated the commission of a criminal offence and in which the convicted person will be returned after serving the sentence, the issues of resocialisation and recidivism cannot be explored.
It is generally considered that the process of resocialisation is accomplished in prison. However, prison is actually the place where preparation for resocialisation in society and a special type of socialisation – resocialisation to prison environment takes place. The success of any kind of institutional treatment can be evaluated and checked through the behaviour of convicted persons after leaving prison.
Unfortunately, a high percentage of reoffenders (it is estimated to be from 60 up to 70%) does not support the standpoint about the success of resocialisation. It turns out that the adaptation to prison is more effective and that convicted persons frequently return to this familiar environment. In that context, some authors consider prison as a place where numerous convicted persons can acquire and advance criminal behaviour.
Potential causes of recidivism and unsuccessful resocialisation include:
– inappropriate punishment,
– inadequate treatment and procedures inside the prison institution, insufficient professional qualification and lack of prison staff, overcrowded prisons etc.,
– criminogenic and other socio-psychological characteristics of convicted persons, especially psychopaths
– inconvenient post-penal treatment
Photography: Ana Batrićević
Living conditions in prisons
There is no doubt about the fact that spatial and material conditions in prisons are unsatisfactory. Prisons are mostly overcrowded, some experts are missing among prison staff members, the impact of informal groups is strong and “criminal infections” are not rare. Convicted persons are not highly motivated to participate in formal education and they see formal education as an imposed obligation. Therefore, punishment of imprisonment leads to the degradation of the level of education which may lead to desocialization instead of resocialisation (particularly in the case of highly educated convicted persons).
Unfavourable social circumstances
Institutional resocialisation and unfavourable circumstances in prison represent one aspect of factors upon which the success of convicted persons’ returning to life in freedom depends. Together with the structure of an individual’s personality, macro and micro social factors have a significant impact on the outcome of resocialisation.
Family settings should be added to these factors together with financial and housing circumstances, education, employment, family relations and family structure. The role of family is very important for post-penal assistance because long-term prison sentences combined with some other factors, contribute to family breakup and initiate the negative attitude of family members towards the convicted person. The attitude of family and close social surroundings toward the formerly convicted person is also determined by the type of committed criminal offence.
Inconvenient family circumstances, poverty, unemployment, and incapability to find a regular source of income (due to previously committed criminal offence) minimise the probability of returning to normal life, regardless of the best possible results when it comes to prison resocialisation. The same refers to the cases when a convicted person is banned from a certain profession for a limited period of time on the grounds of a court decision. Therefore, social circumstances may appear as both – an alleviating or an aggravating factor in resolving life problems after imprisonment. Socio-psychological characteristics of an individual and actual, altered social and family circumstances to which he or she returns after a long or short-term sentence are crucial for the success of post-penal resocialisation.
Social circumstances that may have an impact on recidivism and cause failure of institutional resocialisation include:
– general social circumstances (predominant system of values, socio-political stability, attitudes toward former convicts…),
– socio-economic factors – demand and offer of work force depending on gender, age, education and profession,
– complexity and characteristics of institutions, organisations and services for post-penal assistance and support, and
– family and more narrow socio-cultural conditions (family stability, financial and housing circumstances, the structure of local groups and environment to which the person returns).
The observation of the aforementioned factors opens numerous unresolved questions about the adequate treatment of formerly convicted persons by both – the society as a whole (through legislative solutions and centres for assistance and support), as well as their close surroundings.
Photography: Ana Batrićević
The consequences of long-term prison sentences
Convicted persons who have spent ten or more years in prison represent a specific problem. They frequently leave prison as old and in poor health, have no place to stay, their family relations are ruined, and their children often reject them. A convicted person who has been exposed to long-term social isolation and various prison deprivations often loses trust in other people and him/herself. In such situations, their return to life in freedom is not easy, despite the support and understanding of the community.
The significance of the post-penal period for the prevention of recidivism
Appropriate punishment and individualised institutional treatment do not mean that recidivism will not occur if society does not assist the individual to start living in a socially acceptable manner after serving the sentence by providing him/her with psychological and moral support and a chance for employment. Namely, recidivism is considered an indicator of inefficiency not only in the field of penal policy and treatment in penal institutions but also in the area of post-penal assistance and general social circumstances.
The importance of post-penal period, probation system and the link between probation system and in-prison preparation for post-penal reintegration should be emphasized. An important role in the process of re-socialization is played by the Network of Organisations for Post-penal Support in Serbia which gathers all organisations from the Republic of Serbia that provide direct or indirect post-penal support, i.e. conduct activities directed towards the improvement of the position of former convicted persons.
The following factors also have an important role in post-penal assistance: the cooperation between judiciary, police, educational system, social policy, health care system and non-governmental organisations in order to define the roles, obligations and communication between all relevant stakeholders. Otherwise, we are afraid that many persons carrying the burden of their past and being scared by the present might search for the future and stability at a place they are very familiar with.
Professor Branislava Knežić, PhD