Obligations and Means to Prevent Reoffending

P.H.P.H.M.C. van Kempen & W. Young (eds.), Prevention of reoffending. The value of rehabilitation and the management of high risk offenders / Prévention de la récidive. Valeur de la réhabilitation et gestion des délinquants à haut risque, Cambridge/Antwerp/Portland: Intersentia 2014, p. 3-21.

54 Pages Posted: 18 Apr 2017

Date Written: July 01, 2014

Abstract

The need to prevent convicted prisoners and other offenders from reoffending constitutes a major challenge for both criminal justice and penitentiary systems. Reoffending rates are considerable – in many instances they are even high – while the issue is tremendously complicated. Rehabilitation (sometimes described as resocialisation, reintegration or treatment) is an important tool to prevent reoffending, but has clearly become less self-evident in many jurisdictions in recent decades.

The present chapter belongs to volume 45 of the International Penal and Penitentiary Foundation (IPPF), i.e. P.H.P.H.M.C. van Kempen & W. Young (eds), Prevention of reoffending. The value of rehabilitation and the management of high risk offenders / Prévention de la récidive. Valeur de la réhabilitation et gestion des délinquants à haut risque, Cambridge/Antwerp/Portland: Intersentia 2014, XXII 338 pp. The chapter pays attention to what reoffending may mean, formally speaking, and presents a survey of reoffending rates in various jurisdictions around the world. It then proceeds to look more closely at different values of rehabilitation, introducing the chapters that deal with that topic. In order to offer further context to these chapters we also discuss how rehabilitation treatment may be considered to be a legal obligation. Following on from that, the volume’s chapters on measures to deal with high risk o enders during and a er their sentence are introduced. Again, to flesh out the background somewhat, we briefly examine the form that those measures have taken and some of the fundamental issues and dilemmas posed by them. The chapter ends with conclusions.

The volume itself first of all focuses on the value of restoring offenders to a useful life from the perspective of prisoners, their family, society, the tax- payer, prison staff and administration and victims, as well as from a criminological viewpoint. Notwithstanding these actual values of rehabilitation measures, their application alone may not be sufficient to prevent someone from reoffending. This particularly applies to high risk offenders, i.e. those who pose a substantial risk of further serious offending, such as sex offenders, terrorists, and members of organized criminal groups. This volume therefore also considers measures to deal with high risk offenders during and after their sentence, and the arguments for and against their use.

Note: Downloadable document is available in English and French.

Keywords: Offenders, Prison, Human Rights, Resocialization, Criminal Justice

Suggested Citation

van Kempen, Piet Hein and Young, Warren, Obligations and Means to Prevent Reoffending (July 01, 2014). P.H.P.H.M.C. van Kempen & W. Young (eds.), Prevention of reoffending. The value of rehabilitation and the management of high risk offenders / Prévention de la récidive. Valeur de la réhabilitation et gestion des délinquants à haut risque, Cambridge/Antwerp/Portland: Intersentia 2014, p. 3-21.. Available at SSRN: https://ssrn.com/abstract=2953280

Piet Hein Van Kempen (Contact Author)

Radboud University Nijmegen ( email )

Faculty of Law
PO Box 9049
Nijmegen, 6500 KK
Netherlands

HOME PAGE: http://www.ru.nl/english/people/kempen-p-van/

Warren Young

Independent ( email )

No Address Available

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