The problem of recidivism in criminal jurisprudence a socio legal study with special reference to the state of Haryana

Abstract

The present research work aims to review and advance the knowledge about the problem of recidivism. There is a particular focus on studies relating to recidivism in Haryana and on the results obtained by empirical survey, good practices in International laws and loopholes in Indian legal system relating to this problem. In this research work the researcher adopted a new method measuring the recidivism rate different from the traditional method which is generally followed by National and State Crime Report Bureau. In India previous conviction is the sole base to declare any law breaker as habitual offender but it is not necessary that law breaker is arrested every time. The second thing is that prevention of criminal behaviour at the primary stage is the best cure to prevent the ordinary law breaker to be habitual offender. There are many questions that still exist about the key components for effective correctional and rehabilitative interventions. There are so many faults in the Indian reformatory system as most of the inmates presumed good and reformed only if they follow the instructions of the prison officials. Furthermore, not even Indian legal system but the system of many developed countries favours the enhanced punishment; but the question is what the best stage to implement the enhanced punishment is? The researcher tries to convey the idea of hard punishment if any, at the very first stage rather than wait for the next offence, as the statistics also reveals that most of the under-trial culprits do not even know about the enhanced punishment. Through this research work the researcher want to say, The correctional programs and enhanced punishment only do not reduce recidivism but effective correctional programs and preventive measures at the very first stage are needed. newline