Recidivism rates of released prisoners
My friend Ethan recently wrote a post that talked about a recent report from the JFA Institute about ways to improve the American prison system. The report, entitled Unlocking America makes the argument that we need to find ways to reduce the rapidly growing prison population in America. It argues that while America now has more people in prison than any other country (both in total number and in percentage), this doesn’t seem to be helping to reduce the number of crimes committed. It concludes, among other things, that we should give shorter sentences and release prisoners sooner back into the mainstream of society.
I’m sympathetic to this argument, and do worry that long prison terms are as likely to push people toward a life of crime than to convince them of the error of their ways. So my initial reaction to the paper was positive, and I appreciated that they offered a number of statistics showing that the “rates of return to serious crime on the part of those released from prison are not high.” Since these statistics were based on the Department of Justices own report, they seemed trustworthy.
But I was surprised by the numbers offered — they seemed almost too good to be true. Table 4 seemed to show that released prisoners only constituted 1% of the arrests for violent crimes. If true, this would make it seem that either practically no one is released, or our prison system is actually having striking success at rehabilitation.
So I decided read the underlying report, a 2002 study entitled Recidivism of Prisoners Released in 1994. To my surprise, it was very readable. To my greater surprise, the conclusions and even some of the numbers didn’t seem to agree with what was presented in the JFA report. The JFA report said:
The U.S. Department of Justice conducted a major study of criminal involvement of prisoners who had been released in 1994. It found that only 5% of the 3 million arrests made in seven states between 1994 and 1997 were of recently released prisoners (Table 4)
While the DOJ report did say that “rearrests of the released prisoners were 4.7% of all arrests for serious crime from 1994 to 1997″, it also made clear that this was not all recently released prisoners, but only those released in 1994. It also put a very different spin on this number:
Although these percentages may seem small, they are actually the product of
high rates of criminality. For example,to account for the 8.4% of 1995 homicides, the 234,358 released prisoners were arrested for homicide at a rate 53 times higher than the homicide arrest rate for the adult population.Note also that the 8.4% does not include homicides by (a) prisoners released in 1995, (b) prisoners released before 1994, or (c) released prisoners who had crossed State lines. The percentage of homicides attributable to released prisoners would be substantially greater if it included persons in categories a, b, and c.
Most of the numbers in the JFA report’s Table 4 come from Table 6 in the DOJ report.

So let’s look closer at Table 4, trying to match it up its data with the underlying DOJ report cited.
- First, the title is misleading. “Percent of Arrests Attributed to Released Prisoners” should really mention that this is of prisoners released during a single year (1994), and is not the percentage for all released prisoners.
- Second, “Arrests in 7 States” looks to be a simple mistake. The first line numbers for total arrests clearly match up with the table for “Percent of adult arrests for 7 crimes that released prisoners in 13 States.” So it should be 13 states, not 7. This doesn’t affect their case, but seems sloppy and makes one wonder about the amount of review this table received.
- Next, the title “Total Arrests of Prisoners Released in 1994-97″ is wrong in a way that could be misleading. The numbers given are not for prisoners released over the course of 3 years, but arrests during 1994-97 of prisoners released in 1994. Incorrectly labeled as it is, it makes the number seem much smaller than it is.
- Worst, the final row, which shows “Total Arrests of Released Prisoners” at 1%, seems to both mislabeled and contradicted by the report. The report only deals with prisoners released in a single year, and while it doesn’t break down a percentage for all ‘violent crime’ arrests, all of those listed in Table 6(murder, rape, robbery, and aggravated assault) are much higher than 1%. I can find nothing in the DOJ report that would substantiate the 1% figure cited in the table as coming from that report.
Now, the DOJ report is not perfect. Statistics based on arrest rates rather than conviction rates certainly could be irrelevant if there is a strong tendency to ’round up the usual suspects’. But using a report showing that 47% of the released prisoners studied were reconvicted for a new crime within three years as evidence that ‘rates of return to serious crime are not high’ seems at best disingenuous. Maybe one of the authors of the report could offer a more charitable interpretation, along with a better explanation for the 1% figure listed in Table 4?