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Restoration Or Retribution RESTORATION OR RETRIBUTION: AN EMPRICIAL EXAMINATION OF THE RECIDIVISTIC PATTERNS OF A GROUP OF YOUNG OFFENDERS FROM NEW YORK CITY by André Léger A thesis submitted to the Department of Sociology In conformity with the requirements for the degree of Master‘s of Arts Queen‘s University Kingston, Ontario, Canada (December 2009) Copyright © André Léger, 2009 ABSTRACT This study uses a data set on adolescent offending, originally collected by a team of researchers at the Vera Institute of Justice in New York City, to critically examine the role of incarceration in criminal rehabilitation. A theoretical explanation of recidivism is constructed using four criminological theories: life course theory (Sampson & Laub 1993), differential association theory (Sutherland 1939), deterrence theory, and reintegrative shaming theory (Braithwaite 1989). This thesis uses these theories to investigate societal factors that may contribute to young offenders‘ recidivism (versus successful rehabilitation). It is argued that youths who: (1) come from unconventional family environments, (2) possess deviant peer associations, (3) receive incarceration as punishment, and (4) undergo a stigmatizing shaming process are more likely to recidivate. The combination of these factors is also expected to be intensified during incarceration. An empirical examination of the effects of these factors on recidivism supports the main hypotheses advanced. Although conventional family environments and deviant peer associations are successful in determining first-time offending, results from this study suggest that these are inadequate as predictors of recidivism. Conversely, an extension of Braithwaite‘s (1989) reintegrative shaming concept was found to be a strong predictor of subsequent offending. Medium sentence lengths in prison were associated with increased risk to recidivate. Most importantly, the results gathered some support for restorative justice approaches to criminal rehabilitation. Future considerations for recidivism research are explored. ii ACKNOWLEDGEMENTS My experience at Queen‘s would not have been the same if it were not for the supportive professors and staff of the Sociology department. I have thoroughly enjoyed my time at Queen‘s and would like to offer my greatest thanks to all involved in my academic experience. First and foremost, I would like to thank Dr. Fiona Kay for supervising both my undergraduate honors thesis and my Master‘s thesis. This graduate thesis would not have been possible without her constant support as well as her noteworthy commitment to teaching and mentoring. I have always enjoyed our discussions and will forever be thankful for your patience during the writing process. I would also like to thank my second reader Dr. Carl Keane for taking the time to review my work and offer great insights. Special thanks are deserved for Professor Allan Manson for making my thesis defense an enjoyable experience. His passion for law and sentencing stimulated many interesting debates. Lastly, I would like to thank the Chair of the defense committee, Dr. Vince Sacco, and the graduate program assistant, Michelle Ellis, for organizing the defense during one of the busiest times of the year. On a personal note, I would like to thank Jacqueline for all her encouragement and compassion over the last few years. Her unwavering confidence in my ability to complete post-graduate education provided comfort during the worst of times. I would also like to thank my parents, Anne-Marie and Jean-Guy, for constantly reminding me of the importance of education and offering me loving words of wisdom. My older brother, Daniel, and sister-in-law, Katherine, both provided the best anecdotes and humor during stressful times. Lastly, I thank Rommel, Linda, and Richard for their friendship. iii TABLE OF CONTENTS Abstract……………………………………………………………………………. ii Acknowledgements……………………………………………………………….. iii Table of Contents…………………………………………………………………. iv List of Tables……………………………………………………………………… vi Chapter One: Introduction Research Questions…………………..…………………………………………….. 1 Overview to Chapters…………….………………………………………………... 3 Chapter Two: Literature Review Introduction………………………………………………………………………... 6 Mass Incarceration: Cause or Effect of Crime?......................................................... 6 Regulating the Judicial System: Sentencing Procedures…………………………... 11 Methodological Considerations of Recidivism Research………………………….. 18 Empirical Linkages within Recidivism Research…………..…………………….... 22 Personal Attributes: Race & Recidivism……………………………………….. 23 Personal Attributes: Gender & Recidivism……………………………………... 26 Social Capital: Associations with Family and Peers…………………………….28 Family Members: Moderators of Informal Control…………………………….. 29 Deviant Peers: Partners in Crime……………………………………………….. 33 The Incarcerated Experience..…………………………………………………...39 Examining Past-Offender Rehabilitation………………………………….. 39 Inmate Conduct and Prison Environments………………………………… 44 The Effect of Sentence Length on Recidivism…………………………….. 47 The Reintegration Process: Inheriting Past-Offender Labels…………………... 49 Conclusion…………………………………………………………………………. 56 Chapter Three: Theoretical Framework and Hypotheses Introduction………………………………………………………………………... 58 Theoretical Elaboration: Examining the Rehabilitation Process………………….. 59 Life Course Theory………………………………………………………………… 61 Differential Association Theory…………………………………………………… 67 Deterrence Theory…………………………………………………………………. 69 Reintegrative Shaming Theory…………………………………………………….. 72 Interactions Predicted by Theory....………………..………………………………. 74 Conclusion…………………………………………………………………………. 76 Chapter Four: Data, Methods and Results Introduction………………………………………………………………………... 78 Data Collection and Sample………………………………………………………...78 Measures, Missing Values, and Descriptive Statistics….…………………………. 81 iv Dependent variables……………………………………………………………. 81 Control Variables……………………………………………………………….. 84 Independent Variables………………………………………………………….. 87 Bivariate Relationships in Independent Variables on Recidivism..……………….. 94 Multivariate Regression Analysis………………………………………………….. 99 Multivariate Logistical Regression Results: Variables…………………...…….. 100 Multivariate Logistical Regression Results: Model Fitness……………………. 109 Interactions between Incarceration and Other Theoretically Relevant Variables 110 Conclusion…………………………………………………………………………. 114 Chapter Five: Discussion and Conclusion Introduction……………………………………………………………………….. 118 Discussion…………………………………………………………………………. 118 Control Variables: Gender, Race, and Offense Type………………………….. 119 Family Environment: Informal Controls and Conventional Relationships…….. 122 Peer Associations: Deviant Peers, Gangs, and Negative Peer Networks………. 126 The Incarcerated Experience: Time Served in Prison and Community……….. 129 Reintegrative Shaming: Attitude toward Offense……………………………… 131 Possible Interactions……………………………………………………………. 133 Limitations of the Present Study.………………………………………………….. 135 Directions for Future Research…………………………………………………….. 138 Policy Implications for Recidivism Research……………………………………… 139 References…………………………………………………………………………. 142 v LIST OF TABLES Table 1. Descriptive Statistics (N = 698)……………….…..……………….…… 82 Table 2. Bivariate Regression of Variables on Recidivism (N = 698)……..…… 96 Table 3. Multivariate Logistical Regression of Family, Peers, Shaming, and Incarceration on Recidivism (N = 698)…………………………………101-103 Table 4. Interactions Using Time Served “Medium” Variable (N = 698)….…. 112 Table 5. Predicted Likelihood of Re-Offending Across Incarceration and Gender (N = 698)………………………………………………………..…… 113 vi CHAPTER 1: INTRODUCTION Research Questions This study‘s primary research goal is to explore the rehabilitation potential of incarceration by predicting the recidivism rates of young offenders in New York City. I will use a recent three-year longitudinal data set, originally collected by a team of researchers at the Vera Institute of Justice and featured in Lin‘s (2007a) work, in order to conduct an empirically based examination of recidivism. More specifically, I will examine the relationship between types of punishments (i.e., incarceration or community programs) and recidivism. An integrated theoretical model will be constructed in order to examine other factors that might influence recidivism. Specific tests regarding adolescent family environments, peer associations, and feelings of personal responsibility (i.e., shame) will be included in order to enrich this study‘s perception of recidivism. This study will use the following research questions to guide its theoretical narrative and hypotheses: [1] What role does official punishment play in deterring recidivism? [2] How do other factors such as the family environment, associations with deviant peers, and shaming labels shape recidivism? [3] Does official punishment (i.e., prison or community program) alter the effect of other predictors of recidivism? The investigation of these research questions will result in a fuller understanding of recidivism. It is assumed that recidivism is the result of an unsuccessful social reintegration process following a particular punishment (i.e., incarceration or community program). Although first-time offending remains an important topic in criminological 1 research, an examination of recidivism rates will offer more insight into appropriate solutions to social rehabilitation and reintegration. This type of research is especially important since support for incarceration has remained relatively strong in Western judicial
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