Legal Definitions - recidivation

Recidivation is an older, less commonly used term for recidivism. In legal and criminal justice contexts, recidivism refers to the tendency of a convicted individual to re-engage in criminal behavior after having been released from incarceration, completed a sentence, or undergone rehabilitation efforts. It essentially describes the relapse into criminal activity after having already been through the justice system for a prior offense.

Here are some examples to illustrate this concept:

• Example 1: A person was convicted of grand theft auto and served a two-year prison sentence. Six months after their release on parole, they are arrested again for attempting to steal another vehicle. This new arrest demonstrates recidivation because the individual, having already been punished and served time for a similar crime, has returned to criminal behavior.

• Example 2: An individual was sentenced to probation for a misdemeanor assault, with conditions including anger management classes and regular check-ins with a probation officer. Despite completing the classes, they are involved in another physical altercation a year later, leading to a new charge. This situation illustrates recidivation as the person, despite receiving interventions and avoiding incarceration for their initial offense, committed another violent act.

• Example 3: A young adult, after being convicted of a series of petty thefts and completing a court-ordered community service program aimed at deterring future criminal activity, is caught shoplifting from a department store within a few months. This is an instance of recidivation because the individual repeated a criminal act after having already faced legal consequences and participated in a program designed to prevent such behavior.