Doing reintegration? The quest for reintegration in Belgian sentence implementation

Abstract

In this article, we aim to achieve a better understanding of reintegration in Belgian sentence implementation. In concreto, we ask the question if Belgian sentence implementation courts ‘are doing reintegration’. Our analyses suggest the existence of a reintegrated-oriented decision-making process emphasising the strengthening of the social capital of the offender and enabling reintegration. Notwithstanding, we identify some barriers to reintegration. Firstly, we describe how the quest for reintegration is constantly interwoven with a more risk-based approach. As a result, ‘doing reintegration’ becomes subordinated by risk, wherefore the fundamental social right of reintegration is reduced to a conditional right only applicable if the offender displays certain needs, poses an acceptable risk and/or is prepared to take responsibility for this actions. Secondly, we argue how the members of the sentence implementation courts believe in ‘psychological individualism’ and project their middle class values and expectations of how someone should live on the offender, further narrowing the scope of this concept. We finish our analysis by identifying some external and structural aspects withholding the sentence implementation courts in ‘doing reintegration’, leading to a nuanced argument arguing that Belgian sentence implementation courts are not doing reintegration, although they believe they are (trying)…