Recidivism in the U.S. Criminal and Military Justice Systems

Recidivism in the U.S. Criminal and Military Justice Systems by Dameian J. Cooper MA, American Military University, 2015 BS, Columbia Southern University, 2012 Dissertation Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy Criminal Justice Walden University August 2020 The purpose of the U.S. criminal and military justice systems is to deliver justice for all and protect public safety. However, “tough on crime” legislation has contributed to mass incarceration and high rates of recidivism. The purpose of this qualitative study was to understand which justice system (criminal or military) is more effective in reducing recidivism. This research study was conducted under the theoretical lens of the deterrence theory, which is based on the idea that the threat of punishment will deter people from committing crimes and being rearrested. The research design was qualitative; several data sources were used such as interviews, questionnaires, focus groups, and archival data. Common themes and characteristics were identified in the NVivo software program and provided a foundation for the analysis of the data. The findings of the study were that incarceration and tough on crime legislation do not deter crime or reduce recidivism in the civilian justice system and disparities exist in adjudication and punishment in the military justice system. Additionally, gender, ethnic, and racial disparities were identified in both the military and criminal justice systems. The military justice system was more effective in reducing recidivism due to procedures outlined in the Uniform Code of Military Justice and punishment based on the recommendations of the commanding officer. More transparency regarding crimes committed and the maintenance of comprehensive data for all branches are recommended. These changes along with a holistic approach to rehabilitation may be used by criminal justice administrations to deter crime and prevent recidivism