PREDICTING RELAPSE: A STUDY ON RECIDIVISM
AIESHWARYAA N & SRIKRISHNAN S
2nd YEAR B.B.A; L.L.B (HONS.)
SCHOOL OF LAW, SASTRA DEEMED TO BE UNIVERSITY
MAIL: n.aieshwarya5@gmail.com &
skvklm.5@gmail.com
PREDICTING RELAPSE: A STUDY ON RECIDIVISM
ABSTRACT
India is a country with an increase in crimes and criminals. Recidivists are one of those criminals who not only do crime for any motive or intension but do it as it has become a habbit. Even though we have punishments to bring a corrective action in an individual they tend to do the same again and again making the punishments ineffective. To know why recidivist doesn’t change, the paper has addressed the factors which influence criminals to become recidivist. Though recidivism is not a most addressed phenomenon, there are statutory provisions which the law provides in the Code of Criminal Procedure Code, Indian Penal Code, and Indian Evidence Act. To know where we are and where we lag in bring down the rate of recidivism, a comparative analysis has been made with other countries like the UK, the US, and Africa. The paper also provides for some preventive measures and gives an individualized conclusion.
INTRODUCTION
Crime has now become a repetitive action. Once a punishment for a crime is given, it is to restrict persons from not doing the crime or similar crime once again. Recidivism is a term which means to have a relapse of criminal behavior after being punished for a similar offence. The outcomes may be due to rearrest, reconviction, or reimprisonment. Recidivism is on the major upcoming for any country and serious actions are needed for all society. The term recidivism is not known to many as many countries do not have it as their major issue.
In Dulal Nishad v. the State (Dulal Nishad v. State of Jharkhand, 2002 Cr. L.J 2845 (Jhar)), the court has observed that the word 'habitually' means any sign of deprivation as evidenced by the frequent repetition and commission of offences. Commission of similar acts in the past and the readiness to commit them again was a sign of habit. Habit implies a tendency resisting very frequent repetition of the same and similar acts.
According to psychology when a voluntary action is done again and again it becomes a habit. When it becomes a habit the people who are affected by it will eventually do it without any means to know that it is wrong and has become a habit. Thus, when crimes become a habit they tend to do it again and again without even knowing that it is wrong and they are punished such that they won’t repeat it.
Due to recidivism, there is not only an increase in crime rate in India but there is a huge problem of overcrowded prisons and due to this the quality of prisons reduces. To reduce the problem of recidivism comparison of what other countries have implemented and where we lag can be used as the key tool. Listing out the major factors will make the researches work easy and come to a conclusion as to why recidivists exist.
FACTORS AFFECTING RECIDIVISM
As recidivism is a behaviour it becomes an integral part of a person that can be understood only by the person’s social behavior. Any activity or event happens there will be many factors due to which it would have occurred. When happening of a crime becomes habitual there are so many external as well as internal factors provoking a person to perform such acts. Some of the factors which are responsible are:
1. BIOLOGICAL FACTORS
2. SOCIO- ECONOMIC FACTORS
3. PSYCHOLOGICAL FACTORS
4. AGE FACTOR
These are some of the observed factors which makes a person do the same crime again and again even after being punished.
1. BIOLOGICAL FACTORS:
According to many studies and findings, criminals are influenced by various factors. Many think that criminals possess only physical and mental defects which provoke them to do the crime, but that is not the case. It is been estimated by many researches that biological factor contributes a major portion i.e., nearly 90% of the criminals have strong biological and emotional factors which arouse them to do such activity. A biological factor with physical and mental defects make them do the crime and not possess any human behavior.
It is generally not believed that gene or biological factors to be the reason for the growth of criminals or crime. But criminologists have found that due to biological factors occasional offenders become habitual offenders. In context with India, the best example is implementation of the Criminal Tribes Act of 1871. This is an Act implemented for a particular form of the tribe as it was observed that these tribes have a habit of doing crimes which their parents did and their children also follow the same. But different people had different opinions, some saying it as their circumstances and some saying it as their inherited trait from their ancestors.
Many theories were laid down by the British to know whether it was due to the environment or due to genes. The theory of born criminals gave a clear picture that there are some who become criminals due to their genes or any other factor inherited through genes.
2. SOCIO-ECONOMICAL FACTORS:
Socio-economic factors mean the rest of the factors than the individual's causes. All the other factors, in estimating the causes explains about an individual or person but, this factor tells what other factors out of his or her control can also influence them to do a crime. Usually, socio-economic factors include employment, family situation, education, public opinion, etc. In a very normal case also socio-economic factors affect a person and they are provoked to a situation. In the case of recidivism, it becomes easier for the recidivist to do the crime as they have already experienced the effect of their activity. Thus, until their socio-economic situation prevails their habit to do the crime will not come to an end. Socio-economic factors can be of many types:
A) Family background
B) Religion and cast
C) Lack of education
D) Economic factors etc.
These are a few examples of socio-economic factors. These are many times the major reason that influences recidivist to continue doing the same crime.
A) FAMILY BACKGROUND:
The most important key factor that determines a person’s behavior towards the society is the way his family works and the way he was brought up. A family is one which molds a child and makes them behave distinctly on how they want the child to be. Some characteristics that constitute to the family background as a factor influencing recidivist are:
v Parents separated
v Lack of parental control
v Members of the family are criminals
v Poverty
The principals of criminology state these characteristics as important sources for crime and criminal growth. Lack of affection between members of the family also induces a person to get involved in these types of activities. In India, the major reason is emotional disturbances or being neglected in childhood, no proper care in school, etc.
A) Religion and cast:
Religion becomes one of the important feature which influences the inmates in the jail to do the crime, again and again, making it a habit. Religion is so important for any individual because it becomes a form of life and without which, for many their life becomes incomplete. As each one of them is towards their religion they tend to follow all that they believe which their religion preaches. As inmates in jail interact with each other they tend to preach their religious belief on the other which becomes an influencing behavior on habitual criminality.
Religion and caste have a major role in shaping a person. According to sociology religion and caste are important things that can influence and control a person from doing any wrong. But negatively it may not sway a person but promote delinquent behavior which in result makes them a completely different negative person.
B) Lack of education:
Lack of education becomes a potential cause of any criminal activity and habitual criminal behavior. Quality education is the suggestion given by many scholars and researches every time for any social issues in the society. Education is something that gives us learning, values, and other essentials of life. Education gives us the ability to think in a way, do it, and re-think when there is any correction needed. This would give us an idea of what is right and what has to be done when something is wrong.
The concept of education is misunderstood as education in schooling and institution, but education is not only what school teaches it starts right from home. It is because people at home are the ones who have been seeing the children from childhood, any prominent change in an individual can be found out at an early stage and can be solved. Therefore, education is a very important factor to build up the personality of a person.
C) Economic factors:
Economic factors such as poverty and unemployment are some of the main reasons for the increase in the rate of recidivism in India. Money is not only a requirement but has become an essential part of life. Economic insecurity, inadequate food, clothing, shelter creates an attitude of the person against the environment and surrounding. When these situations sustain and no change in their economic status is seen then the attitude of doing a crime becomes a habit and they become the victims of recidivism.
3. PSYCHOLOGICAL FACTORS:
It is stated by many psychologists that the personality traits of a person will decide his behavior- criminals become persistent due to traits such as mental defectiveness, emotional instability, mental conflicts, etc. It is said that prisoners with psychopathic behavior have tendencies to get out of the jail undiagnosed and have the tendency to come back and become a recidivist.
Dr. Walter Reckless has suggested two factors that contribute to recidivism. They are psychological aspects and social pressure. According to him, these psychological characteristics like restlessness, aggression, etc induce a person to socially misbehave and deviates a person from normal behavior to habitual behavior.
4. AGE FACTOR:
Age of an individual is a key factor that decides the behavior of a person. To protect youth from such non-civil activities we have specified age for going to school, restricted early marriage, etc. Many researchers feel that the aging process is related to the number of times they do the crime again and again. Many European studies have mentioned that the younger the person is convicted for a crime, the greater is the possibility that the person will be convicted for the same kind of crime. Therefore it is true that the age factor also contributes to criminal behavior.
The above mentioned are some of the major factors identified, there are many other micro factors which are unidentified. Thought the factors are identified, a reduction in the recidivism rate is still an issue. Thus, there are many laws and statutory provisions pertaining to recidivist.
STATUTORY PROVISIONS IN INDIA
1) The Code of criminal procedure, 1973:
A) Section 110: Security for good behaviour from habitual offenders
With the help of this provision, an executive magistrate gets the authority to execute a bond for habitual offender's good behaviour for a period of not more than 3 years. There are various offences stated in this section, which comes under Indian penal code and other acts, for example, Drugs and cosmetics act, 1940., Prevention of food adulteration act, 1954., etc.
The main object of the proceedings under this section is prevention and not punishment for offences.
This section is to be used only for the purpose of securing future good behaviour and it could be never used for the purpose of punishing past offences.
B) Section 356: Order for notifying address of previously convicted offender
Under this provision, any court, other than a Magistrate of a second class, has the right to order for notifying address of those offenders who had already been convicted by a court in India of an offence punishable under section 215, section 489A, 489B, 489C & 489D, section 506, and also chapter XII & chapter XVII of the Indian penal code, 1980, been punished for 3 or more than 3 years of imprisonment, and the same offender convicted again for the same offences and should be punished for 3 or more than 3 years of imprisonment.
Such offender must notify his address, or any change in his address, or if he's not residing in that address, for a period of not more than 5 years from the date of release of the offender.
2) Indian penal code, 1860
A) Section 75:
According to this section, when an offender been convicted under offences against property and offences relating to coin and government stamps, which is punishable with imprisonment for three years or more than that, commits a similar offence after his release from jail, he is liable to increased punishment, on the ground that the previous punishment has had no effect in preventing repetition of the crime. Therefore, this section does not constitute a separate offence but only imposes a liability to enhance the punishment.
B) Thug and punishment for thug:
Any person who belongs to a gang of two or more persons, whose intention is to commit robbery or stealing children by means of or accompanied with murder, can be punished with imprisonment for life and also be liable to fine, under section 311.
C) Section 400: Punishment for belonging to gang of dacoits.
This section provides for the punishment for those who belongs to a gang with the intention of committing dacoity.Those persons shall be punished with imprisonment for life or with rigorous imprisonment for ten years and shall also be liable to fine.
D) Section 401: Punishment for belonging to gang of thieves.
This section provides for the punishment for those who belongs to a gang for the purpose of committing theft or robbery, and not belonging to a gang of thugs or dacoits.
Those persons shall be punished with rigorous imprisonment for ten years, plus fine.
E) Section 413: Habitually dealing in stolen property.
According to this section, whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life or imprisonment for ten years, and shall also be liable to fine.
3) Indian Evidence act, 1872
The Malimath committee in its report recommended that sec. 54 of the evidence Act be amended to include the provision that in criminal proceedings the fact that the accused has a bad character is relevant. It further explains that previous conviction would be relevant as evidence of bad character.
The present law stipulates that previous bad character is relevant except in responding to cases in which evidence has been led to show good character of the accused. The committee argued that since the accused has a right to give evidence of good character under S.53 of the act, it is only fair that the prosecution be able to give evidence of bad character even where evidence of good character has not been taken.
These are the laws which our country has for these kinds of offenders. Comparing the same situation of increasing in recidivist in other countries and knowing what measures they took to reduce this condition would help country to understand where we are need what we need to do.
RECIDIVISM IN OTHER COUNTRIES
Recidivism in Africa
In Africa, recidivism is seen to be the norm with prisoners. Many factors present themselves as the reasons why a prisoner having gone through the justice system and convectional facility would want to re-offend in order to go back to prison. The following list shows some estimated reasons why offenders return to criminal practice:
1. Failure of the sanctions
2. Economic stress
3. Mental health
4. Unemployment
5. Lack of education
They after estimating the causes listed some solutions for reducing recidivism. They are:
1. Provision for prison-based education
2. Restorative justice
3. Social reintegration
4. Addressing the risk factor
5. Re-entry (Reducing Recidivism in Africa and the South African Model: a Legal and Criminological Overview, Magaji Bello, December 2017)
Recidivism in the United States
According to the Sentencing guidelines commission, State of Washington, during the year 2007, several adult felony sentences were entered at Washington courts. More than half of the sentences involved offenders who had already convicted for one or more offenses.
Compared to women, the overall rate of recidivism for men was high. The average age of first-time offenders and the average age of reoffenders were only slightly different. Compared to men, women re-offend at a later age.
The offences had been classified into nine groups, they were: assault, murder, burglary, manslaughter, property, robbery, drug, sex, and other. Among these offences, Property, and drug crimes had the highest rate of recidivism. Surprisingly, the recidivism rates of the offences which are more violent like robbery, murder, sex, and manslaughter were very low.
Recidivism in the United Kingdom
A research into studying recidivism finds prison visitation plays a significant role in improving post-release outcomes. Outcomes were much more positive for visited prisoners, and recidivism rates were low. In the United Kingdom, recidivism rates were increasing which made them opt for a quick and fast solution.
Justice Secretary Kenneth Clarke came up with a project called "Breaking the Cycle" to reduce the increasing rate of reoffending in the United Kingdom. This project studies the relationship between visitation and recidivism. With the help of visitation, the 'connectedness' towards their home and community grows which ultimately helps the offenders to reintegrate smoothly after their release.
The relationship between visitation and recidivism in the United Kingdom had been analyzed by using national-level statistics and the ministry had an experience of visitation in a prison and investigated the ways in which visitors, prisoners, and prison personnel experience prison visits, especially the psychological effects of visitation, and the ways in which spatial context affects the kind of contact which takes place between prisoners and visitors.
PREVENTIVE MEASURES
As stated in the case Debu v. State (Debu v. State, 1995 Cr.L.J 35 (Oris)) prevention is better than cure, there are several preventive measures listed to reduce recidivism. These preventive measures are not only mere suggestions but are also a part of legislations made by Indian law which are as follows:
1. Enhanced Punishments:
Enhanced punishments are the ones that are prescribed for criminals who commit the crime again and again. Section 75 of the Indian Penal Code deals with enhanced punishments. The main aim of this section is to provide an additional sentence for habitual offenders. This section should be added with the punishment for the recidivist such that their punishment increases preventing them from doing criminal activities.
2. Post-release surveillance:
This is one of the methods followed in India to reduce recidivism. This has been provided in section 356 of the Criminal Procedure Code 1973 which provides to keep track of the movement of the offenders after his or her release from prison. Their movements are watched such that they don’t repeat the crime and does not make it a habbit.
3. Aftercare and rehabilitation:
The ultimate objective of punishments is to make a person realize that he/ she did not do something right and it was against the law. Aftercare and rehabilitation are for changing the persons individually which is considered as an effective measure in India. It is held that as aftercare and rehabilitation give individualized support for every person it will give them confidence that after their sentence they can also do normal jobs like others. Rehabilitation programme would bring out their efficient skills and give them training in that area such that they can take care of their livelihood.
CONCLUSION
Recidivism is thus, a global event that is present in every county. Some may have it on a higher percentage and some may have it on a lower percentage, but there is no disappearance of this activity. Recidivism is considered harmful in many countries and hence making stringent laws and taking preventive measures would reduce the activeness of the phenomenon. According to India’s criminal history, recidivism is a reducing concept which does not require more attention. Still, India and other countries are making efforts to completely reduce the rates. Whatever laws or rules may be laid, it is the Individual who needs to realize and bring a change in himself. All these laws, punishments are going to contribute to a change only if the person is ready to do so. Thus, it is in the individual’s hand, who has to decide what to do and what not to.