Do “Soft” Prisons Increase Crime?

3–4 minutes

Does the Treatment of Inmates in Humane Prisons Affect Their Likelihood of Recidivism?

Recently, a video circulating on social media in South Africa reignited the debate on prison conditions. The video featured an inmate boasting about “not suffering” and stating they were “doing extremely fine.” He claimed inmates were well-fed, did not need to pay rent, did not have to cook, and received free education. A fellow inmate in the background added that toiletries were also provided for free. Notably, this video was recorded on a cellphone he had in prison and uploaded to the inmate’s social media account. This sparked public outrage, especially since the inmate was a foreign national, a contentious status in South Africa today.

The prevailing argument among viewers and commentators was that such “soft” prison conditions are responsible for the country’s high crime rates. This assertion prompts a critical examination: is there a correlation between prison conditions and crime levels?

If the proposition that lenient prison conditions directly correlate with higher crime rates were accurate, one would surely expect countries with more humane prison environments to exhibit higher crime rates than those with harsher prison conditions. However, empirical evidence suggests the opposite is true. For instance, Norway, known for its highly regarded “luxurious” prison conditions, boasts an incarceration rate of only 56 per 100,000 inhabitants. Similarly, the Netherlands, which has successfully reduced its prison population to the extent of closing prisons, has an incarceration rate of 65 per 100,000 inhabitants.

In Finland, open prisons are commonplace. One could walk into some of them and not even realise they were in a prison building. Some of the prisons even lack walls or fences and look more like small town high school campuses than prisons. Prisoners live in dormitories and have structured days that may involve going out to work. Despite this “softness,” Finland’s incarceration rate is at 51 people per 100,000.

Conversely, countries with some of the harshest prison conditions report significantly higher incarceration rates. Thailand incarcerates 391 per 100,000, Russia 300 per 100,000, Peru 277 per 100,000, and Venezuela 199 per 100,000. The United States, with an incarceration rate of 531 per 100,000, is an outlier, primarily due to its profit-driven prison system. However, that is a conversation for another day.

Since 2000, prison populations have generally decreased in developed countries while increasing in developing nations. This trend underscores the true determinants of crime and incarceration rates, such as unemployment and poverty, rather than prison conditions alone.

Research consistently shows that harsh prison conditions do not reduce recidivism. In fact, evidence suggests that such conditions may increase post-release criminal activity.1 Similarly, studies indicate that inmates in higher security levels are no less likely to re-offend than those in minimum security; indeed, harsher conditions may lead to more post-release crime.2 Additionally, recidivism is closely linked to issues such as education, employment, and social resources.3

Ultimately, the correlation between crime rates and prison conditions is tenuous at best. Countries with the most humane prison environments often exhibit the lowest incarceration rates, while those with the harshest conditions have higher crime and incarceration rates. As demonstrated by theories such as the social disorganisation theory (which assumes that crime rates are constant in areas with certain environmental conditions, such as high unemployment, population fluctuation, or material decay), there are notable relationships between crime and socio-economic conditions.4 Numerous studies have shown that the primary determinants of crime include poverty, unemployment, wage and income inequality, social exclusion, substance abuse, and low education levels.5

In conclusion, it is evident that crime prevention does not hinge on prison conditions. Individuals struggling with unemployment and poverty in environments afflicted by substance abuse are more likely to commit crimes, irrespective of the harshness of local prisons. The critical issue is not the conditions within prisons but the socio-economic conditions outside them.

For further details on prison populations, check the World Prison Population List.6

Written by Theo Tembo

Read more from The Legal Desk:

  1. Drago, Galbiati, and Vertova “Prison Conditions and Recidivism” 2011 13(1) American Law and Economics Review 103–130. ↩︎
  2. Chen and Shapiro “Do harsher prison conditions reduce recidivism? A discontinuity-based approach” 2007 9(1) American Law and Economics Review 1-29. ↩︎
  3. Nilsson “Living conditions, social exclusion and recidivism among prison inmates” 2003 4(1) Journal of Scandinavian studies in criminology and crime prevention, 4(1) 57-83. ↩︎
  4. Tarling and Dennis “Socio‐Economic Determinants of Crime Rates: Modelling Local Area Police‐Recorded Crime” 2016 55(1-2) The Howard Journal of Crime and Justice 207-225. ↩︎
  5. Buonanno “The socio-economic determinants of crime. A review of the literature” 2003 63 Working Paper Dipartimento di Economia Politica, Università di Milano Bicocca. ↩︎
  6. Fair and Walmsley World prison population list: ICPR Technical Report, London, UK 14ed (2024). https://eprints.bbk.ac.uk/id/eprint/53464/1/World%20Prison%20Population%20List%2014th%20edition.pdf ↩︎

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