CAUSATIVE FACTORS OF CRIME AND RECIDIVISM

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CHAPTER 2 RECIDIVISM AS PHENOMENON

INTRODUCTION

As stated in Chapter 1 recidivism is an academic metaphor that is widely and sometimes contradictory used (Prinsloo, 1995:8). In this regard Beck (2001:1) refers to recidivism as a fruit salad concept stating that recidivism, can be used within various contexts where “apples, oranges and grapes” are compared with each other. Maltz (2001:1) ascribes the inconsistent use of recidivism further to the tendency of defining recidivism on an ad hock basis without considering the true meaning thereof. This results in recidivism rates that are characterised by its inconsistency.
An example of the inconsistent use of recidivism as concept, and the inaccurate application of recidivism rates can be found in Muntingh’s (2001) monograph on prisoners’ reintegration into society. Muntingh (2001:6) states that between 85% and 95% of released offenders will re-offend. The statistics that he based this statement on was quoted by Ballington (1998:57) from The Star Newspaper, dated 24 May 1996, stating that “In 1991 Adriaan Vlok gave 85% as the figure for recidivism, while more recently the Nedcor Project on Crime, Violence and Investment suggests that 94% of released prisoners return to crime”. The researcher questions the accuracy of these statistics based on the fact that no scientific validation could be found for either of the statistics mentioned. In contrast with the recidivism rates as mentioned by Muntingh and Ballington, Prinsloo’s scientifically validated research, as quoted before in Chapter 1, states that 55.3% of offenders re-offend (Prinsloo, 1995:4). This example underlines the fact that recidivism can currently be viewed in South Africa as a label that is, dissimilarly defined, and is being based on statistics that are inconsistent, inaccurate and in some instances not scientifically validated.
In order to conceptualise recidivism more in-depth in this chapter the discussion will focus on the defining, analysing, and redefining recidivism. A classification system for recidivism within the South African concept will be created. Furthermore recidivism as phenomenon will be explored with an emphasis on the chronic offender or delinquent and the criminal career. Lastly, a general profile of the recidivist will be analysed from the perspective of local and international literature.

CONCEPTUALISING RECIDIVISM

In order to understand and deal with recidivism as phenomenon it is firstly necessary to conceptualise it, for as Keeney (1983:21) states, “ (T)o understand any realm of phenomena, we should begin to notice how it was constructed, that is, what distinction underlies its creation”. Strauss and Corbin concur with Keeney adding that the conceptualisation process entails the “…taking apart (of) an observation, a sentence or a paragraph, and giving each discrete incident, idea or event a name, something that stands for or represent the phenomena” (De Vos & van Zyl, 1998:272). For the purposes of this research study the researcher is of the opinion that the conceptualisation process as described by Strauss and Corbin will assist to clarify the current confusion about recidivism as concept. The process associated with the conceptualisation of recidivism entails the defining and analyses of these definitions. Lastly, the information gathered from the analyses will be utilised to conceptualise recidivism as phenomenon. The first step in this process is to explore existing definitions.

Defining recidivism

Recidivism is derived from the Latin word recidere translated as “to fall back” (Maltz, 2001:54). According to Maltz (2001:1), recidivism can furthermore be described as the accumulation of failures. The offender has failed to live up to society’s expectations and failed to stay out of trouble. Furthermore the offender failed to escape arrest and conviction as well as failed to make use of rehabilitation programmes during previous incarceration. Lastly, the offender failed by continuing with a criminal career. Synonyms for recidivism and recidivist among others are, reversal, turning back, backsliding, laps or relapse, wickedness, lawbreakers, regression, double-dealer or two-faced person, worsened, guilty person, offender or criminal (Bloomsbury Thesaurus, 1993).
The mentioned synonyms further emphasise the labelling effect that the concept recidivist has. Being classified as a recidivist translates into being labelled as a failure. In itself, labelling has a negative impact on a person. This is due to society’s perception of and actions towards the labelled person (Cronje, 1982:348). The effect of being labelled as a recidivist is clearly illustrated by MacLeod in the following quote from the 1911 Encyclopaedia Britannica:
“ The recidivist is now universally known to exist in all civilized countries… His persistency in ceaseless and inextinguishable by the ordinary methods of combating crime. Penal justice as generally exercised is unavailing and is little better than an automatic machine which draws in a vast number within its wheels and casts them out again practically unchanged in character… This dangerous contingent is forever on the move, into prison and out of it and in again… Nothing will mend it. Neither severity nor kindness, neither the most irksome restrained nor the philanthropic methods of moral and educational persuasion. This failure has encouraged some ardent reformers to recommend the system of indefinite imprisonment or the indeterminate sentence… Habitual offenders, it is argued, should be detained as hostages until they are willing to lay down their arms and consent to make no further attempt to attack or injure society” (MacLeod, 1965:68).
From the mentioned quote the conclusion can be made that the recidivist is a menace to society that is beyond rehabilitation.
The only way to deal with such a person is to lock him/her up and throw away the key. It is frightening to think that a person’s condemnation can be based on such a vague and undefined label. On the other hand, as discussed in Chapter 1, the serious impact that re-offending has on all levels of society is recognised worldwide. Therefore recidivism is a phenomenon that needs to be explored and addressed urgently.
If the concept recidivism is analysed or broken down into basic level it can be stated that it refers to the reoccurrence of a negative behaviour pattern. Maltz (2001:54) postulates that a recidivist is a person who is not rehabilitated but who falls back, or relapses into former behaviour patterns by habitually committing more crime. Largan and Levin (2002:1) concur with Maltz, adding that the re-offending leads to the re-arrest, reconviction and the re-sentencing of the recidivist to imprisonment. Therefore it can be stated that the phenomenon of criminal recidivism can be defined as an individual’s tendency to persistently and repeatedly engage in criminal conduct or to habitually relapse into crime subsequently leading to rearrest, reconviction and reincarseration (compare Largan & Lev in, 2002:1; Maltz, 2001:1; Luyt, 1999:67; Schmallenger, 1996:146; Prinsloo, 1995:15; Cronje, 1982:546; New Dictionary of Social Work, 1995:56 and Florida Department of Corrections Recidivism Report, 1999).
In itself the definition is vague and leaves room for various questions. These questions stem mainly from the inconsequent and dissimilar use of recidivism as concept (compare Prinsloo, 1995:15; Conklin, 1995:507; Maltz, 2001:54 and Ariessohn, 1981:59). Champion (1994:87) concurs by pointing out that the inconsistent use of recidivism lies in the alternative meanings associated with recidivism namely:
“…rearrest, parole or probation revocation or unsatisfactory termination, technical parole or probation rule violation, conviction of a new offence while on parole or probation, return to prison, having a prior record and being rearrested for a new offence, having a prior record and being convicted for a new offence, any new commitment to jail or prison for sixty days or more, presence of a new sentence exceeding one year for any offence committed during a five year parole follow up period, return of released offender to custody of state correctional authorities, return to jail, reincarseration, the use of drugs or alcohol by former drug or alcohol abusers, and failure to complete educational or vocational/technical course or courses in or out of prison/jail custody”.
It seems that notwithstanding conceptual confusion regarding recidivism, an operational hiatus can also be identified in the conceptualisation of recidivism.
The operational problem can be associated with the tendency to define recidivism in accordance with the researcher’s operational needs for a specific research study (Harm and Phillips, 2001:5; Prinsloo, 1995:15). This tendency, as stated previously, creates a situation where recidivism rates are often based on different definitions, applied within a different context, is measured differently, and, ultimately a case arises where different concepts are being compared with each other as if they were similar. The result is that the calculation of recidivism rates as well as the perception of what, or who a recidivist is, will differ from person to person and situation to situation. Based on this confusion regarding recidivism, a need exists in South Africa to conceptualise and operationalise recidivism from a universal theoretical context.
Bateson (1979:73), with regards to the importance of the universal understanding of a concept, states that; “It is necessary to be quite clear about the universal truth that whatever ”things” may be in their pleromatic and thingish world, they can only enter the world of communication and meaning by their names, their qualities and their attributes (i.e., by reports of their internal and external relations and interactions).”
In order to obtain context or meaning it is necessary to build upon the fundamental roots of recidivism, being i.e. an offender who repeatedly commits crime and therefore habitually re-offends. This basis must be further analysed to ensure that a uniform context is created whereby a clear understanding of the concepts associated with recidivism and their interaction can prevail. It is through this analysing process that the relationship between the various aspects, which identify a person as a recidivist, can be defined and explored.

Analysing recidivism

In his study, Prinsloo (1995:11-15) identified thirty-six themes that conceptualise recidivism. Through the exploration of these themes he concluded that the criteria ranges from simple to complex and highly technical. Several of these themes overlap or have a shared context. From the thirty-six criteria, four main themes emerged which the majority of studies that Prinsloo (1995:15) researched utilised to depict recidivism as concept, namely:

• Unconditional further commitment of crime;
• Unconditional incarceration due to the committing of a further crime and/or administrative procedure based on previous sentences or parole conditions;
• The further crime must be legally proven; and
• Habitual or occupational criminal behaviour (Prinsloo, 1995:15).

In addition to the themes that Prinsloo identified the researcher identified two other themes, namely the type and seriousness of the crime as well as the survival period (Lanza-Kaduce, Parker & Thomas, 1999:37; Ariessohn, 1981:60 and Venter, 1952:11). The abovementioned themes as well as these two themes will act as the main themes in the conceptualisation process of recidivism. The six identified main themes will be individually analysed and discussed to obtain a clear and universal understanding of recidivism as concept.

CHAPTER 1 GENERAL INTRODUCTION
1.1 INTRODUCTION
1.2 TREND IN THE PREVENTION AND MANAGEMENT OF CRIME AND RECIDIVISM IN SOUTH AFRICA
1.3 MOTIVATION FOR THE CHOICE OF RESEARCH TOPIC
1.4 PROBLEM STATEMENT
1.5 AIM AND OBJECTIVES OF THE STUDY
1.5.1 Aim
1.5.2 Objectives
1.6 RESEARCH QUESTIONS FOR THE STUDY
1.7 RESEARCH APPROACH
1.8 TYPE OF RESEARCH
1.9 RESEARCH DESIGN
1.10 RESEARCH STRATEGY AND PROCEDURE
1.11 PILOT STUDY
1.1 2RESEARCH POPULATION, SAMPLING AND SAMPLING METHOD
1.13 ETHICAL ISSUES
1.14 DEFINITION OF KEY CONCEPTS
1.15 LIMITATION OF THE STUDY
1.16 CONTENT OF THE RESEARCH REPORT
CHAPTER 2 RECIDIVISM AS PHENOMENON
2.1 INTRODUCTION
2.2 CONCEPTUALISING RECIDIVISM
2.2.1 Defining recidivism
2.2.2 Analysing recidivism
2.2.3 Redefining and classifying recidivism as a South African phenomenon
2.3 RECIDIVISM AS PHENOMENON
2.3.1 The chronic offender
2.3.2 The criminal career
2.3.4 A general profile of the chronic offender and recidivist
2.4 CONCLUSION
CHAPTER 3 CAUSATIVE FACTORS OF CRIME AND RECIDIVISM
3.1 INTRODUCTION
3.2 INDIVIDUAL RISK FACTORS ASSOCIATED WITH CRIMINAL CAUSATION
3.2.1 Genetic and hereditary factors in relation to criminal causation
3.2.2 Physical and biological factors as risk factors associated with criminal causation
3.2.3 Intelligence as risk indicator of criminal causation
3.2.4 Personality and temperament as criminal risk predictor
3.2.5 Mental and physiological disorders as criminal  risk factor
3.2.6 Socialisation as risk factor for criminal causation
3.2.7 Alcohol and drug abuse as risk factor for offending
3.3 FAMILIAL RISK FACTORS ASSOCIATED  WITH CRIMINAL CAUSATION
3.3.1 Perinatal risk factors associated with causation of criminal behaviour
3.3.2 Family structure and composition versus crime
3.3.3 Family functioning as risk factor for criminal causation
3.4 COMMUNITY ASSOCIATED CRIMINAL RISK FACTORS
3.5 CONCLUSIONS
CHAPTER 4 A THEORETICAL FRAMEWORK ON RECIDIVISM AND CRIME
4.1 INTRODUCTION
4.2 BEHAVIORISM
4.4 LABELLING THEORY
4.5 THE COPING AND RELAPSE THEORY
4.6 INTEGRATED MODEL FOR THE RECIDIVISM BEHAVIOURAL PROCESS
4.7 CONCLUSION
CHAPTER 5 EMPIRICAL STUDY AND FINDINGS OF THE QUANTITATIVE PHASE OF THE STUDY
5.1 INTRODUCTION
5.2 RESEARCH METHODOLOGY
5.3 DESIGN AND DEVELOPMENT OF THE PSYCHO- SOCIAL INVENTORY FOR RECIDIVISM (PFIR)
5.4 RESEARCH FINDINGS OF QUANTITATIVE STUDY
5.5 CONCLUSION
CHAPTER 6 A PROFILE OF THE SOUTH AFRICAN RECIDIVIST
6.1 INTRODUCTION
6.2 CONCLUSION OF THE QUALITATIVE PHASE OF THIS STUDY
6.3 PROFILE OF THE SOUTH AFRICAN RECIDIVIST
6.4 RECOMMENDATIONS
6.5 CONCLUSION
CHAPTER 7 EMPIRICAL STUDY AND FINDINGS OF THE QUALITATIVE PHASE OF THE STUDY
7.1 INTRODUCTION
7.2 SUMMARY OF THE QUALITATIVE RESEARCH METHODOLOGY
7.3 EMPIRICAL FINDINGS OF THE QUALITATIVE PHASE OF THE STUDY
7.4 CONCLUSION
CHAPTER 8 CONCLUSIONS, AN INTER-DISCIPLINARY ACTION PLAN FOR THE PREVENTION AND MANAGEMENT OF RECIDIVISM AND RECOMMENDATIONS
8.1 INTRODUCTION
8.2 AIM AND OBJECTIVES OF THE STUDY
8.3 RESEARCH QUESTIONS
8.4 KEY FINDINGS AND CONCLUSION OF THE STUDY
8.5 AN INTER-DISCIPLINARY ACTION PLAN FOR THE  PREVENTION AND MANAGEMENT OF RECIDIVISM
8.6 RECOMMENDATIONS
8.7 BIBLIOGRAPHY
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