Levels Of Recidivism Research Articles

What contributes to fewer cases of recidivism? Treatment, education, and work in prison

Since the turn of the millennium, levels of recidivism following a prison term have declined in Sweden. The composition of the inmate population has changed, which provides a partial explanation. This study examines whether prison service interventions, such as the provision of treatment, education, and work, might have contributed to the decline in recidivism. The study sample comprises women and men who were released from Swedish prisons between 2012 and 2015. Data have been collected from the Prison and Probation Service registers and the Convictions Register. The analysis employs propensity score matching and regression analysis. The results show that the interventions examined have a positive effect on reducing recidivism, but that their explanatory power is limited.

Changes in moral neutralization leading to recidivism in low-to-moderate-risk justice-involved youth: replication and extension

In the present study, a growth mixture modeling (GMM) analysis performed on 7117 low-to-moderate-risk justice-involved youth disclosed the presence of four latent classes of neutralization scores measured over four non-overlapping six-month periods. These four patterns were subsequently labeled low accelerating, moderate accelerating, high accelerating and decelerating. The four classes displayed differing levels of recidivism, and so a series of binary logistic regression analyses were computed in which each individual class was compared to every other class. The results of these binary logistic regression analyses revealed that recidivism occurred significantly more often in the high accelerating group than in the low and moderate accelerating groups and significantly less often in the decelerating group than in the low, moderate and high accelerating groups, even after Time 1 moral neutralization scores were controlled. These results corroborate prior research denoting that declining moral neutralization scores portend decreased odds of future recidivism.

Пробация и проблемы ее реализации в Российской Федерации

Introduction. On February 6, 2023, the Federal Law “On Probation in the Russian Federation” 10-FZ was adopted. The law is aimed at the effective inclusion of persons subject to criminal penalties into a law-abiding society, as well as at reducing the level of recidivism in the country. With the help of the probation instrument, involving a large number of subjects in the sphere of resocialization work with persons leading a criminal lifestyle and subject to criminal punishment, the legislator believes in achieving the goals of punishment: restoring social justice, correcting convicts and preventing the commission of crimes. Theoretical analysis. While not being a full source of penal law, the law on probation, at the same time, provides the prerequisites for expanding the subject of this branch of law and outlines further directions for the development of the science of the same name. The law provides for executive, penitentiary and post-penitentiary probation; all these types should be carried out on the basis of individual resocialization programs. However, a number of issues require resolution; these include the relationship between the goals of punishment and the goals of probation, as well as identification of the legal statuses of participants in probation relations. Empirical analysis. The legal, organizational, and social aspects of the functioning of the probation system in Russia are analyzed, including interaction with various participants, effectiveness of measures for resocialization and social adaptation of convicts. The use of the concepts of social adaptation, resocialization and social rehabilitation in the law causes difficulties in understanding and can create problems in its implementation. It is proposed to develop detailed regulations on the part of the Government of the Russian Federation and the Federal Penitentiary Service to better implement the powers of probation subjects. Results. The positive direction of the law is beyond doubt, but the legal nature of probation requires further reflection. Its legislative definition resembles criminological prevention, but at the same time it is not such. Therefore, in conclusion, proposals are formulated to improve the legal and organizational components of probation in Russia.

Противодействие рецидивной преступности в России: проблемы и перспективы

Introduction: the implementation of the penal purpose declared in Russian legislation, i.e., the correction of the convicted person, is a problem that does not lose its relevance, which is partly due to the negative dynamics of recidivism. Purpose: based on research into the initiating causes of recidivist offenders’ behavior, to determine the measures capable of reducing recidivism. Methods: the methodological framework of the research is based on dialectical materialism; the study employed general scientific methods (systemic structural, Aristotelian, inductive and deductive, analysis and synthesis) as well as special methods (legalistic, formal‐logical). Results: the paper proposes several statutory and law enforcement measures as those having the potential to decrease the level of recidivism: legal formalization of the compensation for property and moral damage as a condition for probation (Article 73 of the Criminal Code of the Russian Federation) in order to motivate the convicted to cover for all the damage caused; a significant expansion of the practice of ordering treatment for alcohol and drug addiction; an extension and unification of the practice of applying Part 5 of Article 86 of the Criminal Code through the explanation by the Supreme Court of the Russian Federation of the term ‘exemplary conduct’; stimulating the convicted to receive secondary‐level vocational education in the reform facilities as well as to receive higher education after release, etc. Currently, integration of the probation system into Russian legislation and practice seems inappropriate due to the uncertainty with regard to the nature of probation and the prospects for creating such an integral system in Russia given the objectives that the relevant authorities are already implementing under the conditions of limited funding. Conclusion: the implementation of the specified measures can reduce the level of recidivism only to some extent because the determination of recidivist behavior is largely explained by general social problems, addressing which appears to be of primary importance. It seems promising to use some certain probational methods in relation to the categories of criminals whose conduct can be changed.

PENGOPTIMALKAN PENDEKATAN KEADILAN RESTORATIF DALAM MENANGGULANGI KEJAHATAN YANG DIAKIBATKAN GAYA HIDUP HEDONISME

There is no denying that technological development has grown rapidly and become more sophisticated, impacting on people's lifestyles. Poverty has been known to result in a high proportion of low-income offenders. In fact, the backlog of cases continues to grow every day, causing tremendous suffering for justice seekers. The purpose of this research is to see the extent of the implementation of restorative justice in repairing criminals caused by the hedonism lifestyle. This research is a normative legal research. The results of the study found that the current restorative justice approach with education and discussion can reduce the level of recidivism. Criminal law procedural justice must pay attention to human dignity and values, with the aim of repairing, educating, preventing repetition of crimes, and integrating offenders back into society. Thus, restorative justice aims to build a criminal justice system that is sensitive to the problems of victims and offenders from the effects of hedonism. This approach is a critique of the criminal justice system that tends to be retributive and ignores the role of victims, perpetrators, and society so that the individualization of offenders with the nature of hedonism becomes a focus in restorative justice.

Juvenile Delinquency: Current Trends and Measures to Prevent It

The article examines the specific features, signs of modern juvenile delinquency and measures to prevent it in the problematic aspect. Based on the analysis of the legislation of the Russian Federation, the opinion of the scientific community and statistical data for the period from 2016 to January 2023, the results of the survey of employees of investigative bodies and questionnaires of persons released from places of isolation, the following conclusions are made. The criminal orientation of minors is more often formed in dysfunctional families, and access to various sites on the Internet increases their activity. The recidivism of minors does not decrease, and the youth subculture "A.U.E." has a negative impact on this process, which spreads its criminal attitudes and prevents the minimization of this social phenomenon. In order to optimize measures to prevent juvenile delinquency, it is necessary to create conditions for increasing the prestige of the family, training specialists who are able to work effectively with children who demonstrate deviant behavior. It is important to monitor the processes of formation and development of criminal subcultures for their research and positive impact on them. An improved set of measures to prepare for release from an educational colony and the provision of post-penitentiary assistance can significantly affect the reduction in the level of recidivism of minors.

Financial statement fraud, recidivism and punishment

This study examines the relationship between the high reported levels of recidivism committed by Chinese firms and different punishments between 2007 and 2019. We find that there are six major types of financial statement fraud with many firms employing multiple fraud techniques simultaneously. When administrative and supervisory measures are used to punish fraudulent firms, recidivism is significantly reduced. In contrast, when self-regulatory measures are used to punish fraudulent firms, we report recidivism is not reduced yet increases. The results imply administrative measures are the most effective measures to tackle reoffending and self-regulatory measures are the least effective punishment.

The predictive value of the dynamic risk outcome scales (DROS) for recidivism in (forensic) clients with mild intellectual disabilities or borderline intellectual functioning.

The dynamic risk outcome scales (DROS) was developed to assess treatment progress of clients with mild intellectual disability or borderline intellectual functioning using dynamic risk factors. We studied the predictive value of the DROS on various classifications and severity levels of recidivism. Data of 250 forensic clients with intellectual disabilities were linked to recidivism data from the Judicial Information Service in the Netherlands. Receiver operating characteristics (ROC) analyses were used to determine the predictive values. The DROS total score could not significantly predict recidivism. A DROS recidivism subscale predicted general, violent and other recidivism. These predictive values were comparable to those of a Dutch tool validated for risk assessment in the general forensic population. The DROS recidivism subscale predicted various classifications of recidivism better than chance. At present, the DROS appears to have no added value beyond the HKT-30 for the purpose of risk assessment.

Impact of implementation interventions to improve substance use service delivery on recidivism among justice-involved youth

Substance use disorders (SUD) are prevalent among justice-involved youth (JIY) and are a robust predictor of re-offending. Only a fraction of JIY with substance use problems receive treatment. This paper describes the impacts of system-level efforts to improve identification and referral to treatment on recidivism of JIY. A cluster randomized trial involving 20 county juvenile justice agency sites across 5 states was used to implement an organizational intervention (Core vs Enhanced) to juvenile justice staff and community-based treatment providers, working with 18,698 JIY from March 2014 to August 2017. Recidivism rates over four study time periods were examined. Logistic regression was used to predict recidivism as a function of site, need for SUD services, level of supervision, time, organizational intervention, and time x intervention interaction terms. Results indicated that Enhanced sites showed decreased levels of recidivism compared to Core-only sites, where it increased over time. Additionally, need for SU services, level of supervision, and site were significant predictors of reoffending. Findings suggest the potential value of facilitation of juvenile justice agency efforts to increasing identification of and referral to SUD services of JIY in need of such services for reducing further contact with the legal system.

LEGAL AWARENESS DEVELOPMENT MODEL THROUGH A RELIGIOUS APPROACH

The high recidivism in Indonesia based on data from the ministry of law and human rights in 2020 amounted to 18.12% or around 24 thousand people clearly demands strategic policy steps in order to reduce the level of recidivism in Indonesia, the Sumenep Class IIB State Detention Center as a technical implementing unit under the auspices of the Directorate General Corrections Department of Law and Human Rights of the Republic of Indonesia where the main task and function is to provide guidance in order to ensure positive behavior changes. The purpose of this study was to find out how the pattern of fostering legal awareness through a religious approach at the Sumenep Class II-B State Detention Center and how the legal awareness of the inmates after coaching is carried out. Through a qualitative approach, data is obtained through observation, interviews, and documentation. The findings of this study indicate that the pattern of fostering inmates at the Sumenep Class II-B State Detention Center is carried out using personality and independence development methods by using special methods such as religious approaches by increasing the legal awareness of inmates,habituating behavior such as disciplinary habits the five daily prayers and congregational prayers, routine recitation, reading and writing of the Qur'an, and istighasah are relatively high and have a very significantimpact on increasing the legal awareness of inmates in the Sumenep Class II-B State Detention Center.

Криминологические особенности региональной рецидивной преступности

In this study, based on the analysis of statistical data on crime in Russia and federal districts, the features of recidivism in different regions are revealed. Differences are shown in the level and structure of recidivism, in the proportion and composition of persons who have previously committed crimes. The highest number of relapses is registered in the Volga, Central and Siberian federal districts. The highest recidivism rate per 100,000 people is observed in the Far Eastern Federal District. High intensity of recidivism is observed in those regions where an increased level of general crime is recorded. In regions with a relatively low level of recidivism in the composition of persons who have previously committed crimes, a greater proportion are those previously convicted and recognized as having committed crimes upon relapse. The structure of recidivism in the Northwestern and Far Eastern districts is characterized by increased danger due to the significant prevalence of serious and especially serious crimes in it. The article also shows the specifics of the structure of recidivism in different districts by type of crime.

Risk, Needs, and Behavior: Moderating the Mediated Relationship Between Criminal Thinking, Institutional Infractions, and Recidivism With Time Spent in Prison

The research question addressed in the current study asked whether a risk factor would moderate the relationship between a needs factor and behavior and in so doing increase a person’s odds of reoffending. In this study, prison time was the risk factor, proactive and reactive criminal thinking the needs factors, and institutional infractions the behavior. A sample of 1,101 men (mean age = 34.64 years) released from federal prison between 2003 and 2009 participated in a study where a moderated mediation design was employed. The interaction between proactive criminal thinking and time spent in prison was found to predict more infractions in prison, which, in turn, predicted increased levels of recidivism upon release from prison. These results suggest that time spent in prison may provide a context in which proactive criminal thinking encourages antisocial behavior in prison, which then puts the individual at risk for future offending.

ЗАСОБИ ВИПРАВЛЕННЯ ТА РЕСОЦІАЛІЗАЦІЇ ЗАСУДЖЕНИХ ЖІНОК: МІЖНАРОДНИЙ ДОСВІД

The article is devoted to the generalization of international experience regarding the involvement of convicted women in work, professional training and education in order to promote their resocialization. The process of engaging convicted women in work and vocational training is analyzed on the example of countries with a developed penitentiary system, and the ways of solving their employment while serving their sentence are highlighted. It is noted that education and vocational training of convicts, in particular women, is an effective way to reduce the level of recidivism, and makes it possible to reduce the costs of maintaining offenders convicted of repeated crimes. World experience in this field is one of the most important sources of progressive innovative ideas. It is an integral part of international penitentiary cooperation. Today, the international cooperation of the penitentiary system of Ukraine is carried out in the following areas: implementation of international projects and implementation of foreign experience on humanitarian grounds; implementation of conclusions and recommendations of UN and Council of Europe bodies. The penitentiary system of our country has the closest ties with the countries of Germany, France, Switzerland, and England. Despite the national and other specificities of these countries, the application of their experience will save time and avoid mistakes in the development of the activities of institutions that carry out criminal punishments, take into account local conditions and significantly improve our system of resocialization of persons who are in prisons. It should be said that the experience of foreign countries in terms of labor involvement of those sentenced to imprisonment is divided, in some - labor involvement is mandatory, in others - it is carried out at his will. In Ukraine, those sentenced to imprisonment have the right to work on a voluntary basis on the basis of a civil law contract or an employment contract concluded between the convict and a natural person - an entrepreneur or a legal entity, for whom the convicts perform work or provide services. Thus, it is expedient to analyze the process of engaging convicts, in particular women, to work on the example of a country with a developed penitentiary system and to identify ways of solving their employment while serving their sentence. After all, professional training is one of the most important educational and rehabilitation programs that can be organized in prisons.

Criminological Characteristics of a Repeat Offender's Personality: Key Contemporary Trends of Changes in Parameters

A high level of recidivism is a dangerous trend in contemporary Russian crime. Of all offenders registered in 2021, 60 % had committed crimes earlier. This testifies to a strong criminal orientation of offenders, the drawbacks in the legal regulation and the practice of prevention, and a low effectiveness of punishments and other measures of criminal law impact. A criminological study of the personality of a repeat offender will make it possible to identify its characteristics and specific features which, in their turn, will help to gain a better understanding of the causes of recidivist criminal conduct and contribute to the improvement of measures of individual prevention. In spite of a considerable interest to the personality of a repeat offender in criminological publications, there is no unified approach to the definition of this concept. Authors analyze different groups of repeat offenders that are formed using certain characteristics. Some scholars believe that a repeat offender is a person who commits another crime after being sentences to the deprivation of liberty for the previous one. For the purposes of this article, the personality of a repeat offender is understood as an aggregate of socio-demographic, social role and moral-psychological features typical of people who commit repeat offences while already having a criminal record. The author analyzed the published statistical data of the Court Department of the Supreme Court of the Russian Federation on socio-demographic, social role and moral-psychological features of convicts with unexpunged or unexpired convictions who committed a new crime, and outlined some contemporary changes in the group characteristics of repeat offenders. It is shown that the share of women-recidivists is growing, as well as the specific weight of persons who are 30-49 years of age. The author notes a rising level of education of convicts with a previous criminal record which, however, did not affect the number of repeat offences. As a rule, repeat offences happened when the convicts did not have a source of stable income, besides, in recent years the situation in the employment sphere worsened and the share of unemployed repeat offenders rose. The identified trend of lower gravity of repeat offences could testify to a rising level of latent recidivism. It is shown that persons convicted to punishments without isolation from the society pose a higher recidivism danger, which leads to the necessity of improving the practice of imposing and enforcing such punishments.

СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ ИНСТИТУТА МЕДИАЦИИ ПО УГОЛОВНОПРОЦЕССУАЛЬНОМУ ЗАКОНОДАТЕЛЬСТВУ РЕСПУБЛИКИ КАЗАХСТАН, США И ВЕЛИКОБРИТАНИИ

This article focuses on a comparative legal analysis of one of the alternative dispute resolution methods – mediation – in the criminal procedure legislation of the Republic of Kazakhstan, the USA and Great Britain, considering various programs and projects on mediation used in the USA and Great Britain, in order to apply the experience of the above mentioned countries to improve the mediation institution and reduce the level of recidivism in the Republic of Kazakhstan. The authors made the conclusion that the proper use of mediation in the criminal procedure contributes to a more active involvement of victims in the process of restoring their rights and freedoms, which were violated by the offenders. An increasing number of crime victims prefer to meet face to face with their offenders in order to inform how the crime has affected their lives, get answers to many unresolved questions and take a direct part in bringing offenders to justice for the harm caused. A victim and offender mediation is a viable alternative to traditional punitive measures to meet the victims` needs. The main advantage of mediation in criminal proceedings for the victim is that he or she can ask the offender all the questions that could not have been answered during the trial. In addition, participation in mediation between the victim and the offender can help humanize the latter and prevent future offenses. In addition, the authors conclude that it is necessary to amend the Law of the Republic of Kazakhstan “On Mediation” regarding compensated damage to the victim by a person who has committed a criminal offense, and also propose to amend this Law regarding the mechanism for implementing the mediation institution, establishing a state body to control the activities of mediators, and specifying accreditation and disciplinary responsibility of mediators. Key words: mediation, restorative justice, criminal offense, victim, criminal, punishment, recidivism, conciliation procedures, mediator, compensation for damage, court of biys.

Restorative justice: the feasibility of alternative models of justice

ABSTRACT The issue of overloaded, and backlogged courts is not new. Despite the 2016 Supreme Court of Canada R. v. Jordan ruling which set a “presumptive ceiling” of 18 months for summary and 30 months for indictable cases respectively, the issue can be traced back decades before. In particular, the Supreme Court of Canada has intervened three other times on the issue of unreasonable delays, and the corresponding section of the Canadian Charter of Rights and Freedoms (section 11 (b)). Despite these interventions, the underlying problems which cause court delays remain unaddressed. As a result, new solutions to this persistent problem ought to be considered. This article aims to explore whether or not restorative justice (RJ) is a feasible alternative. In particular, RJ appears to be more efficient, cost less, and result in lower levels of recidivism and higher levels of satisfaction among participants. Despite these benefits, it will be argued that RJ is unlikely to be considered for broader use in Canada due to the political landscape and prevailing beliefs among Canadians regarding punitive punishments. Changes to the Criminal Code might help rectify this dilemma.

Criminological profile of minors who have committed child-to-parent violence

The rise of CPV cases in the last decade has become a matter of concern among researchers, who have investigated prevalence rates and factors related to this type of behavior. This study aims to analyze the criminological profile of the minors who have committed CPV compared to minors who have committed other type of crimes. The participants were 341 juveniles with a disciplinary record in the Juvenile Court of a Spanish province, whose ages ranged from 14 to 17 years old (M = 15.86, SD = 1.02). The results showed that the CPV group represented a moderate level of recidivism and the comparison group had a low risk of recidivism. The CPV group had mostly committed CPV, while the comparison group had tended to commit property crimes. The CPV group had generally served probation or confinement sentences, while the comparison group had mostly been acquitted or served probation.

Conceptual Issues of the Goals of Punishment

Introduction: the article considers the goals of punishment, their essence, evolution, and modern legal and doctrinal interpretation; these issues are among fundamental problems of penitentiary science. Aim: to study the legal nature, social conditionality, and achievability of the goals of punishment so as to identify their compliance with the modern criminal policy of Russia. Methods: the research is based on a dialectical approach to the study of social processes and phenomena. We use methods such as analysis, synthesis, comparative legal, retrospective, formal legal, logical, comparative methods; all of them are commonly used by the sciences of criminal law and criminology. We also apply private scientific methods such as the legal-dogmatic method and the method of interpretation of legal norms. Results: we conclude that the time has come to change the conceptual foundations on which the institution of the goals of punishment is based. We believe it is necessary to prevent crimes by combining criminal responsibility with education and prevention. The level of recidivism, the empirical non-verifiability of reformation, and the scientific inconsistency of the phrase “restoration of social justice” (how can we restore what should be an unshakable axiological guideline?) indicate that Russian penology should radically revise the existing punitive paradigm. The paper substantiates the thesis that no goal of punishment in the current form is fully achievable. It is known that general prevention is based on fear. However, according to criminological studies, those who are inclined to commit crimes, as a rule, are not afraid of punishment (their contempt for punishment, law and society as a whole is obviously cultivated by the criminal subculture). And law-abiding people do not commit crimes because of their inner beliefs, upbringing and culture. Thus, general prevention as a goal is ineffective. Reformation and special prevention are too formalized and do not assume scientifically verifiable (at least, legally enacted) criteria for their achieving, that is, the state of reformation itself. With regard to the restoration of social justice, this formulation seems absurd due to a misunderstanding of justice as such. In our opinion, it is an objectively established axiological system, which essentially cannot be violated by a crime, but represents a standard and a measure of evaluation. It is for a reason that it is legally defined as a requirement for a court sentence in the Criminal Procedure Code of the Russian Federation. The goal of punishment ultimately consists in the punishment itself and in the implementation of its functions (punishment, retribution, public condemnation of the crime, protection of society from criminal encroachments). Conclusions: the present research has substantiated the necessity to carry out a legislative reform of the concept of the goals of punishment. We find this problem quite relevant, because the effectiveness of judicial and penal enforcement activities and the fate of meaningless financial costs for achieving unattainable goals depend on finding a solution to it. Keywords: punishment; goal; efficiency; restoration of social justice; crime prevention; general and special prevention; reformation of convicted persons; criminal policy; conceptual foundations

Социально-психологические детерминанты рецидивной преступности

This article examines the socio-psychological determinants of recidivism. At the socio-psychological level, the determinants of crime are manifested in the criminogenic impact on the individual from small social groups. The closest environment has the most serious influence on the formation of personality. This environment is represented by such small social groups as the family, educational and work teams, everyday and informal milieu. Repeat offenders have no family connection and contacts with educational and work teams. Most repeat offenders are unmarried, they do not work or study. Family desocialization of criminals, their negative attitude towards educational and work activities lead to alienation from the main social institutions and positive microgroups, which is accompanied by joining an informal antisocial environment and establishing strong ties with it. In the course of the study, the author generalized criminological views on the determination of recidivism, analyzed information on the characteristics of repeat criminals, and studied the data on the level of recidivism among those convicted to various measures of criminal liability and the statistics of convictions. The author also surveyed the staff of penitentiary institutions about the causes and conditions of recidivism, and convicts who committed a repeat crime and were serving imprisonment. When studying the determinants of crime recurrence, it is necessary to take into account the criminogenic influence of the factors that determined the primary crime, including at the level of small social groups. After conviction, criminals, as a rule, do not change their immediate environment and contacts, and continue to lead the same way of life. Deficiencies in the punishment system also play a criminogenic role in the determination of recidivism. As a result of the study, the author comes to the conclusion that, at the socio-psychological level, the repeated commission of crimes is due to the absence of positive changes in the convicts' microenvironment with a negative immediate environment retaining its influence and also due to the ineffectiveness of the current punishment system, which is unable to ensure the correction of convicts and prevent recidivism.

О СОСТОЯНИИ РЕЦИДИВНОЙ ПРЕСТУПНОСТИ В ДАЛЬНЕВОСТОЧНОМ ФЕДЕРАЛЬНОМ ОКРУГЕ

The Far Eastern Federal District is one of the most disadvantaged regions of Russia with a high level of recidivism. In 2019, the proportion of crimes committed by persons who had previously committed crimes among those investigated was 64.7%. Recidivism rate per 100 thousand people reached 660.5, which is 1.6 times higher than the national average. More than half of all recurrent crimes detected in the Far Eastern Federal District are in Primorsky, Zabaikalsky, Khabarovsk Krais. Zabaikalsky Krai, the Republic of Buryatia, Magadan and Amur Oblasts are leading in terms of the recidivism rate. In the structure of recidivism, in addition to embezzlement, drug crimes and criminal violations of traffic rules occupy a noticeable place (Art., 264, Art. 264.1 of the Criminal Code of the Russian Federation).