Witt

Jenn Witt
Professor Hall
Intermediate Composition
2 December 2016
Recidivism: Comparative Analysis
In an ideal society, once a convicted criminal served his out sentence and returned to the
community, he would have been rehabilitated and able to begin living a lawful life.
Unfortunately, in reality, many prisoners who are released from prisons relapse into criminal
behavior. Recidivism rate refers to the relative number of criminals who, upon re-entry into
society, return to jail because they have committed another crime. The United States has
struggled with high recidivism rates for a long time. Currently, the recidivism rate is 68%
(OConnor, 38). In contrast, the Netherlands, Germany and Norway have a much lower crime
rate and prison population making them viable nations to compare to. By juxtaposing different
prison systems, sentencing procedures and the use or abuse of solitary confinement, the
Americans could potentially benefit and improve their penitentiary system. As compared to
several European nations, the United States prison system is inferior with many flaws thus
contributing to a high recidivism rate.
The Netherlands prison system runs under one jurisdiction, as opposed
to the three that the United States is run under. They have three levels of
security, Closed, Semi-Open, and Open. Under the open system,
prisoners are regularly allowed weekend furloughs on a weekly basis. The
Semi-Open level offers moderate security, and the closed system provides a
high level of security (OConnor 72). The Nordic structure involves four

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different parties when it comes to sentencing the convicted criminal: the

judge, the Gerichtshilfe, the court prosecutor, and the National Prison
Selection Center. Each of these parties has a different role within the
process. The judge hears the facts of the case to determine whether the
defendant is guilty or not guilty. The Gerichtshilfe is a court advocator who
provides information about the defendant, in addition to giving a sentence
recommendation. The court prosecutor is responsible for the enforcement of
the sentence. The judge then hands down the sentence of imprisonment,
community service, or fines. If imprisonment is the selected sentence, the
National Prison Selection Center is responsible for deciding which prison the
prisoner will serve out his sentence. The death penalty was abolished and life
sentences are very rarely given out in Netherlands. The average prison
sentence is 7 years (OConnor 75).
The German prisons run on a state level within their 16 states just like
the United States, but they do not have a federal prison system. The German
prison system operates on only two security levels, open, and closed.
Their open prisons provide very low and minimal security, and are used to
house the offenders that are most likely non-violent, and are serving a short
sentence. The closed prisons are equipt with heavy internal and external
security to control violent and dangerous offenders. The German prisons
separate women and juveniles away from the male inmates, and allows
women who give birth while in custody to take care of their child until a
certain age (OConnor, 73). The judges in the German courts are responsible

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for gathering facts regarding the defendant, and handing down the sentence.
If the verdict comes back guilty, either the judge or the judicial panel decides
what sentence will be imposed. If, in the event the judicial panel is the one
who decides, the sentence must be determined by a two-thirds vote at a
minimum. Like the Netherlands, the only crimes that get serious prison time
or life sentences are the violent offenses. Felons who commit only minor
offenses, such as property offenses are very unlikely to receive any jail time.
These offenders are more likely to receive probation or a fine (OConnor, 77).
German programs focus much more on rehabilitation, and many defendants
could be sentenced to clinics as opposed to prisons for certain types of
crimes. The goal of this approach is to encourage rehabilitation for the
prisoners, instead of just focusing on punishment. Having these programs
available offers a newly released convict the best opportunity possible to
succeed in the re-entry process.
There has been considerable attention given to the Norway prisons,
and questions of whether or not their approach would work well in the United
States. Although Norway recidivism rates are much lower than the US rates,
their approach focuses on the appearance of the prison and the amenities
available within it. The luxury prison given a lot of attention, Halden Prison, is
priced at about $22.2 million (Milanovic). When asked if these types of
prisons would work in the United States, author Nikola Milanovic would say
probably not. These prisons have seventy-five acres worth of land, their own
private prison cells, personal mini fridge, flat screen TV, quality community

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kitchen, prison gym, music studio, and luxury library. Things that people do
not consider when trying to implement these types of practices in the United
States is the difference in culture. Hofstedes Power Distance Index
measures the ability for the country to accept inequalities in power by less
privileged and powerful members of an organization. Norway is ranked low,
with a PDI of 31. Norway also has a low Gini Coefficient of 25.8: a measure of
income inequality in the country. In comparison the United States has a PDI
of 40 and a Gini Coefficient of 40.8. To allow perception, Malaysia, a very
authoritarian country, has a high ranking of 104. Norways ranking
establishes an egalitarian society, where people share the same idea that
everyone deserves equal opportunities and rights (Milanovic). A question
commonly asked is, can American culture just change? Well, its not that
easy, and would take an extensive amount of time. This ranking index
matters because it demonstrates a societys willingness to grant privileges
and power to the members who are worse off (Milanovic). With the low PDI
and egalitarian values observed in Norway, there would be little to no
backlash against building a luxury prison like Halden Prison. American culture
is quite different. The United States is a capitalistic, democratic republic that
believes in law, order and justice for its citizens. The people are not
psychologically willing nor ready to accept something as decadent as Halden
Prison being built here. In Norway, the idea of solitary confinement differs
widely from the United States. In the U.S., solitary confinement is meant to
be the harshest of punishments. The cell is small with no amenities and little

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human contact. In contrast, the solitary confinement cell in Norway is

furnished with a private bathroom, television, private computer, a
PlayStation, and a treadmill (Tolan). Even with all these available
conveniences, this kind of punishment is considered inhumane in Norway. For
example, a man convicted of a mass murder of 77 people was put in solitary
confinement, but later sued the government over his prison conditions while
he was in solitary. The court ended up siding with the defendant, showing
that their system is more about rehabilitating offenders as opposed to
punishing them (Tolan). Subsequently, solitary confinement is longer used as
a punishment in Norway, and only has a protective measure lasting up to a
maximum of one year (National Institute of Human Rights).
Unlike the German and Nordic prison systems, the United States prison
system consists of three jurisdictions; local, state, and federal. Federal
prisons are used for the offenders who have broken a federal law, committed
crimes in more than just one state, or had an effect on more than one state.
Low, medium, and high security levels characterize the prison system. Low
security levels still have a lot of security with surveillance, and separate
housing units. Medium level prisons normally acquire double fenced
perimeters protected by armed guards, separate housing units, and tower to
patrol the grounds. High security prisons are very similar to the medium level
prisons but with additional manpower within the prison (OConnor, 74). The
United States sentencing structure originates in the federal government.
There is a minimum and maximum sentence depending on the defendants

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prior criminal record, age, and the circumstances surrounding the criminal
act. While the United States criminal justice system utilizes punishments
such as probation, community service, and fines, imprisonment is ordered far
more than any other option. Almost every offense can be punishable by
imprisonment in the United States, excluding public order offenses
(OConnor, 78). Parole is in effect and widely used in the US, but it is believed
to be a form of rehabilitation. It is difficult to expect all convicts who are
released from prison and placed on parole in society to assimilate easily and
contribute in a positive way. The parole structure has not lowered recidivism
rates at all.
A significant problem in the U.S. prison system is the issue of
overcrowding. As a whole, the United States Prison system is nearly
completely full, maxing out at 99% (OConnor, 83). There is simply no room
for incoming prisoners, and inevitably leads to overcrowding. Prison sentence
lengths are far longer than other countries due to the support for laws such
as the 3 strikes law. This law allows offenders who have committed 3
offenses to serve 25 years to life in prison; normally one offense is violent in
nature. The United States also has an average prison sentence of 29 years,
and allows multiple life sentences and life without parole to ensure that
certain dangerous prisoners never get released from prison (OConnor, 7980).
In addition to procedural and cultural differences employed in the
various judicial systems, the issue of solitary confinement should be

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considered. The Netherlands and German prison systems do utilize solitary

confinement, but with limitations and restrictions. Germany and the
Netherlands only use this practice if it is absolutely necessary. The
Netherlands limits this practice to six months, while Germany limits it to
three months to a year (OConnor, 81-82). The United States over uses this
form of punishment, which consequently leads to long lasting adverse
effects. President Barak Obama studied this, and described a heinous
example of why solitary confinement should be rethought. In 2010, there
was a case in the Bronx where a 16-year-old kid was awaiting trial for a
stolen backpack at Rikers Island. While awaiting trial, he was the victim of a
violent attack by the inmates and guards and subsequently spent almost two
years in solitary confinement. He was eventually released in 2013, despite
the fact that he never stood trial. He moved on, and outwardly appeared to
be successful at Bronx Community College, but no one understood the harsh
traumas he was struggling to overcome as a result of being locked up for 23
hours a day. He ended up committing suicide at the age of 22 (Obama). The
United States uses solitary confinement very freely, which can likely end with
heart wrenching consequences such as that of the 16-year-old boy. Obama
points out the shocking fact that 100,000 people are locked in solitary
confinement, and among those almost 25,000 are serving months to years
within the tiny cell. The longest period of solitary confinement occurred in a
Louisiana prison where Albert Woodfox was held for more than forty years.
He was sentenced to solitary when he was accused of killing a prison guard.

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He was eventually freed when he plead to a lower charge of manslaughter,

still claiming his innocence(BBC News). The lack of human contact that these
prisoners experience can be psychologically damaging. Obama described a
research study pertaining to solitary confinement that stated, It has been linked
to depression, alienation, withdrawal, a reduced ability to interact with others and the potential
for violent behavior. Subjecting prisoners to this type of treatment with no
restrictions or limitations is not humane.
When comparing the United States prison system with The
Netherlands, Germany and Norway, one would find the U.S. system to be
greatly flawed with little hope that released prisoners would someday
become productive law abiding members of society. The American defendant
faces harsher sentences, overcrowded prisons with higher security and
poorer conditions. In addition, incarcerated Americans have a better chance
of encountering solitary confinement than their European counterparts.
Despite a seemingly tougher penal system, the recidivism rate in the U.S. is
higher than the European nations. The U.S. prison system needs to consider
implementing a reduction of long prison sentences for those individuals
convicted of lesser crimes, along with greater utilization of lesser
punishment. These punishments should include fines, probation and
community service. There should also be the possibility of reduced sentences
for well-behaved inmates, improved prison conditions, implementation of
furlough programs and mandatory work programs. Perhaps by studying and
incorporating some of the positive European approaches to criminal

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incarceration, the United States can reduce the recidivism rate and the
society, as a whole, will benefit.

Works Cited
Milanovic, Nikola. "Norway's New Prisons: Could They Work Here?" The Stanford Progressive.
The Stanford Progressive, Aug. 2010. Web. 27 Nov. 2016.
<http://web.stanford.edu/group/progressive/cgi-bin/?p=653>.
National Institute of Human Rights. Thematic Report. Hanoi: Asian Development Bank, 2010.
University of Oslo. Web. 27 Nov. 2016.
<http://solitaryconfinement.org/uploads/NHRI_Norway_Thematic_report_on_solitary_co
nfinement.pdf>.
News, BBC. "Anders Breivik Case: How Bad Is Solitary Confinement?" BBC News. N.p., 20
Apr. 2016. Web. 27 Nov. 2016. <http://www.bbc.com/news/world-europe-35813348>.
Obama, Barak. "Barack Obama: Why We Must Rethink Solitary Confinement." Washington
Post. The Washington Post, n.d. Web. 27 Nov. 2016.
<https://www.washingtonpost.com/opinions/barack-obama-why-we-must-rethinksolitary-confinement/2016/01/25/29a361f2-c384-11e5-8965-0607e0e265ce_story.html?
utm_term=.dd2f1d78bd95>.
O'Connor, Rachel. "The United States Prison System: A Comparative Analysis." University of
South Florida Scholar Commons, May 2014. Web. 24 Oct. 2016.
<http://scholarcommons.usf.edu/cgi/viewcontent.cgi?article=6282&context=etd>.

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Tolan, By Casey. "This Is What an "Inhuman" Prison Cell Looks Like in Norway." Fusion. N.p.,
22 Apr. 2016. Web. 27 Nov. 2016. <http://fusion.net/story/294495/anders-breivikinhuman-punishment-norway/>.