Vanshika Tyagi, Asian Law College
ABSTRACT
The discourse of criminal jurisprudence revolves around the notions of punishing the perpetrator, facilitating rehabilitation for the offender, and deterring crime by tailoring those circumstances that ultimately give genesis to it. Thus, these three distinct approaches, inter alia, among others, are considered to be significant approaches through which a society deals with criminality. Subsequently, the objective of punishment is to both psychologically and physically refurbish the perpetrator of a crime, but what if the offender perpetually gets back to their criminal behavioral patterns? What if incarceration failed to transform the offender's perspective, but rather exacerbated it? What if every bit of effort put into reforming the offender only serves in rendering them a recidivist? Recidivism may be defined as a relapse of unlawful conduct or an act of socially undesirable behavior that ends up in the offender's re-arrest, reconviction, and/or re-incarceration. With the worldwide preponderance of recidivism getting worse, grasping what it entails is unambiguously an absolute necessity of the hour. For decades, criminologists have been perplexed by the premise of recidivism, which has been deemed one of the most challenging criminological complications to deal with. As they are often perceived as an aberration of the criminal justice system, recidivists or repeat offenders provide substantial challenges to the administration of the criminal justice system. The following article is an endeavor to provide a comprehension of the notion of recidivism and all the variables influencing an upsurge in recidivism rates.
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