Can All Criminals Be Reformed?

Is it possible to reform all criminals, or is the criminal mindset unchangeable? This question has sparked much debate, with various perspectives and experiences shaping the conversation. From personality and societal factors to individual motivations, different opinions highlight the complexities involved in the process of reforming criminals.

Hereditary and Early Formation of Personality

The formation of personality is often influenced by hereditary factors and early life experiences. Consequently, individuals have less control over their actions than they might believe. Even criminals who are self-conscious about their actions and genuinely attempt to reform still face challenges such as issues with self-control or other mental health conditions that may persist.

It is important to note that not all criminals can be reformed. Some people make poor decisions, especially when under the influence of alcohol or in their youth. In better circumstances, these individuals might have avoided criminal behavior altogether. However, it is often difficult to determine who genuinely seeks reform and who does not.

Reform and Mandatory Imprisonment

Mandated imprisonment exists for a reason, even for those who claim to have reformed. Case-in-point: 'I did my time, and I am okay.' This viewpoint suggests that while rehabilitation might be a goal, not all criminals can be reformed, and society must confront this reality. Imprisonment is a tool used to deter future criminal behavior and act as a deterrent.

The Role of Society and Justice System

The question of whether criminals want reformation and whether society is willing to make the necessary changes to facilitate this process is crucial. As a South Carolina bail bondsman from 2009 to 2015, the author tracked recidivism rates and found that criminal behavior often persists, especially for drug-related offenses. The recidivism rate for drug-related crimes was 87%, indicating that only 13% truly kicked the habit after their first time in jail.

Repeat offenses for theft and domestic violence also exhibited similar patterns. However, a notable exception was for individuals convicted of Driving Under the Influence (DUI), many of whom became more cautious about drinking due to the immediate consequences of losing their license, which impacted their freedom of mobility. These findings suggest that some individuals can be reformed, but external consequences play a significant role.

The author emphasizes that while certain criminals might be reformable, it is primarily up to the individuals to want to reform themselves. External forces alone cannot force a change in behavior, and society must support such initiatives.

Socially Constructed Crime

From a broader societal perspective, crime can be socially constructed. Laws define what is considered criminal in a given context. For example, during Prohibition in the U.S., drinking alcohol was illegal, and people who engaged in it were considered criminals. The repeal of Prohibition in 1933 changed the legal status of alcohol, illustrating how changing laws can alter the criminal status of behaviors. This concept highlights the elastic nature of criminal law and the impact it has on society.

The author also discusses the example of a homeowner shooting an intruder in Wisconsin, where the Castle Doctrine applies, and the same act could be considered illegal in other states without such a law. This scenario underscores how the context and legal framework can significantly influence the perception and treatment of criminal behavior.

Assessing Reformation Potential

While there is a portion of the criminal population that may be unwilling or unable to reform, identifying this group is challenging. Objective assessments exist to differentiate high-risk offenders from low-risk ones, but these tools are not 100% accurate. They provide an approximation of risk rather than a guarantee of future behavior.

Giving all offenders the opportunity for rehabilitation is essential, even if the outcome is uncertain. This approach aligns with the belief in the inherent potential for change within individuals. Until we can identify and act on recidivists with absolute certainty, treating all offenders as potentially reformable is the best course of action.