Recidivism of paroled murderers as a factor in the utility of life imprisonment

ABSTRACT

When a convicted murderer violently re-offends after being released, a prominent media profile results, intense fear is engendered within the community and vigorous commentary ensues, usually and understandably critical of the offender and the justice system. On the other hand, there is evidence that most murders are opportunistic and singular. In this article, Australian and international recidivism literature is synthesised in the specific context of murderers released to parole. This recidivism data is then analysed and evaluated as a factor in the utility of sentences of life imprisonment without parole for convicted murderers. A comprehensive synthesis, analysis and evaluation of the literature reveals that a small percentage of paroled murderers recidivate by committing a violent offence, and even fewer kill again. Recidivism rates are a significant factor in the measure of the success or otherwise of sentencing and corrections. Accordingly, these findings support the contention that life imprisonment without parole is of limited, if any, utility for the large majority of convicted murderers and for the community.

KEYWORDS:

• Homicide
• life imprisonment
• parole
• recidivism
• sentencing

ORCID

John L Anderson http://orcid.org/0000-0002-3481-3427

Notes

1 For a comprehensive examination and explanation of the life sentence for murder, whether as a mandatory or maximum sentence, and how it works in practice in all Australian jurisdictions and some international contexts see, Anderson, 2012.

2 Sentencing judges were later given the power to order minimum periods of more than 10 years – see Criminal Justice Act 1954 (NZ) s 33A(2)(c) and Criminal Justice Act 1985 (NZ) ss 80(1) (2) and 93(1). This process is now governed by ss 86E and 102–104 Sentencing Act 2002 (NZ), which operate to make life imprisonment the presumptive sentence with judicial discretion to impose a determinate sentence circumscribed to those cases where it would be ‘manifestly unjust’ to impose a life sentence having regard to all the circumstances. Specific provisions operate in relation to orders for the length of a minimum term of imprisonment, which must be fixed except where the court is satisfied that the offender should serve a sentence of life imprisonment without parole having regard to the specified purposes of the sentence.