Abstract
Several theories and policies on punishment describe within-person processes whereby an increase in the number of days a person spends incarcerated decreases their likelihood of reoffending. Contradicting these perspectives, meta-analyses report universal consensus that incarceration has either a null or crime-inducing impact on reoffending. However, studies included in this meta-analytic work relied on between-group analyses. Within-person analyses more closely align with how theories and policies describe the relationship between incarceration and reoffending and have the additional benefit of addressing the selection bias problem of between-group analyses. Using longitudinal data from the Incarcerated Serious and Violent Young Offender Study in British Columbia, Canada (n = 1719), a first-differenced fixed-effect estimator modeled the relationship between year-over-year change in the number of days spent incarcerated and future year-over-year change in number of convictions. Between ages 12–25, year-over-year increases in days spent incarcerated prospectively influenced year-over-year decreases in convictions. This finding was consistent across types of convictions, age-stages, ethnicity, gender, birth cohort, and exposure to different youth justice legislation. It is unclear whether reductions in convictions resulted from incarceration having a deterrent effect or a rehabilitative effect. It would be a mistake to interpret findings as support for expanding the use of incarceration or that Canada's correctional system should maintain the status quo.
Recidivism sentencing premiums and similar criminal justice system policies are based on the theoretical idea that increasing the amount of time a person spends in custody compared to their prior sentence will result in that person experiencing a decrease in their level of offending following community reentry. This idea describes a process of within-individual period-to-period change. Empirically investigating the merit of this idea is crucial given concerns about incarceration and its effectiveness, cost, politicalization, and reported impact on health and social well-being (Berger & Scheidegger, 2022; Zinger, 2022). However, understanding whether incarcerating a person for a longer period of time reduces their future offending has been made difficult in part because research almost exclusively relies on between-group analyses comparing persons who experience incarceration to those who do not. Such analyses are not informative of whether a person who experiences an increase in the length of time they are incarcerated subsequently changes in their level of offending. The current study proposes the use of analyses of period-to-period within-person change as a means of more directly addressing these theoretical questions and policy practices. Threats to reliability that come with selection bias represent another challenge for research on incarceration and reoffending. In this context, selection bias refers to the failure to account for pre-incarceration risk factors (e.g., prior offending, antisocial propensity, substance use, gang involvement) that influence both incarceration and reoffending (Loeffler & Nagin, 2022; Wakefield, 2018; Wermink, Apel, Nieuwbeerta, & Blokland, 2013; Wermink, Nieuwbeerta, Ramakers, de Keijser, & Dirkzwager, 2018). Analyses of period-to-period within-person change address selection bias by accounting for all unobserved time-invariant confounders.
Incarceration is punitive, restricts freedom, and may have negative consequences for life course roles and experiences, including family connectivity, employment, and access to housing (Apel & Sweeten, 2010; Harding, Morenoff, Nguyen, Bushway, & Binswanger, 2019; Kirk & Wakefield, 2018; c.f., Bhuller, Dahl, Løken, & Mogstad, 2020). Arguments in favor of incarceration suggest that these negative consequences are outweighed by incarceration's impact on reducing reoffending. Such justifications have come under scrutiny. Based on their meta-analysis of 116 studies, Petrich, Pratt, Jonson, and Cullen (2021) concluded that the “consensus that custodial sanctions, overall, do not reduce reoffending is universal” (p. 41). It thus would appear that incarceration is expensive, punitive, socially harmful, and fails to achieve its intended purpose of reducing reoffending. However, studies included in Petrich et al.'s (2021) meta-analysis were based on between-group analyses that are not well-suited to addressing selection bias. The meta-analysis also mainly reported on studies that used data from the United States and reflected experiences with mass incarceration. The current study used a first-differenced fixed-effect estimator to examine the relationship between incarceration and reoffending from a different perspective. Specifically, we examine whether year-over-year increases in days spent incarcerated prospectively influenced year-over-year change in convictions among a sample of youth followed into adulthood as part of the Incarcerated Serious and Violent Young Offender Study (ISVYOS) in British Columbia, Canada. Data from the Pathways to Desistance Study were used to examine whether results were consistent in the United States, where incarceration policies and practices differ from Canada (Tonry, 2013a).
1. Differences in the purpose and use of incarceration between Canada and the United States
The use and purpose of incarceration varies across jurisdiction and time (Tonry, 2013a, Tonry, 2013b). Yet, few studies have considered the relationship between incarceration and reoffending outside of the United States (Stam, Wermink, Blokland, & Been, 2023). Compared to the United States, Canada's youth and adult incarceration policies center around the use of shorter sentences that are more individualized, focused on rehabilitation (Tonry, 2013b),1 and mostly unaffected by political agenda (Neil & Carmichael, 2015). For example, policies created by Canada's Federal government that were designed to expand the use of mandatory minimum sentences minimally impacted judicial decision-making (Doob & Webster, 2016). In the province of British Columbia, which is where the data used in the current study were collected, youth and adult custody facilities are not privatized. Physical and mental health services are delivered by the provincial government. Each custody facility has a mental health professional who coordinates services. All persons receive mental health screening within 24 h of admission (Butler, 2021). Persons in custody have access to programs (e.g., building respectful relationships) that are associated with reductions in reoffending (Gress, 2009). Incarcerated youth have access to high school education that is part of the British Columbia Public School District System (e.g., Fraser Park Secondary School) and have daily programming opportunities for drug and alcohol counseling, mental health support, life skills coaching, and employment readiness (Government of British Columbia, 2024). A survey of 4837 persons involved with British Columbia adult corrections indicated that 81 % were satisfied with service delivery (Gress, 2010). Youth and adult justice system professionals (e.g., probation officers) receive service delivery and supervision training to improve relationships, be responsive to gender-based needs, and reduce criminogenic thinking (Bonta, Bourgon, Rugge, Pedneault, & Lee, 2021; Greiner, 2017).
Historically, Canada's incarceration practices and incarceration rates have differed from those in the United States. These differences magnified during the 1990s and 2010s (Tonry, 2013b). During this period, Canada's correctional philosophy decreased its emphasis on punishment severity in favor of using the risk-need-responsivity (RNR) model to create individualized and evidence-based service delivery plans that aimed to reduce the pains of imprisonment and promote rehabilitation (Bonta & Andrews, 2007; Tonry, 2013a, Tonry, 2022; Webster, Sprott, & Doob, 2019). The RNR model involves a greater level of intervention and supervision for persons viewed as higher risk. The RNR model is used in both youth and adult systems, but legislative changes in 2003 ensured that the RNR model was at the center of Canada's youth justice system, where incarceration is used as a last resort, is designed to emphasize rehabilitation rather than deterrence, and includes detailed community reentry plans (McCuish, Lussier, & Corrado, 2021). In the United States, the 1980s marked the beginning of crime control models of youth justice that focused on responding to perceived out-of-control youth through punishment rather than rehabilitation (Cauffman & Steinberg, 2012). For example, some states mandate youth transfers to adult court. Canada currently prohibits such practices and youth are never incarcerated with adults (McCuish et al., 2021).
Although Canada's youth and adult criminal justice systems differ from those in the United States, because these differences are not fixed over time, it is also important to consider the era in which countries are being compared. Most research on incarceration and reoffending in the United States involved data collected during periods of mass incarceration (Petrich et al., 2021). Situating the era in which these two countries are compared is especially important because the relationship between incarceration and reoffending may vary depending on the era being examined. Specifically, individual-level legal system involvement is more likely in eras with higher incarceration rates (Shen, Bushway, Sorensen, & Smith, 2020). Research should therefore consider whether the relationship between incarceration and reoffending is consistent across different birth cohorts and groups exposed to different justice system policies. Instead, most research on incarceration and reoffending has grappled with how to address selection bias.
2. Generations of research on incarceration and reoffending
Different generations of research on incarceration and reoffending can be organized around their approach to addressing selection bias (Wermink, Apel, Nieuwbeerta and Blokland, 2013, Wermink, Nieuwbeerta, Ramakers, de Keijser and Dirkzwager, 2018). Selection bias threatens the reliability of research on incarceration and reoffending because confounding factors (e.g., age, gender, race, current offense, prior offending) are associated with both the likelihood of incarceration and the likelihood of reoffending (Wakefield, 2018). First-generation research accounted for selection bias by statistically controlling for confounders in regression analyses where incarceration is used to predict recidivism (Gendreau, Cullen, & Goggin, 1999). Second-generation research accounted for selection bias by measuring confounders to generate a propensity score that represents the probability of receiving a custody sentence. Incarcerated persons are then matched with a non-incarcerated person with a similar propensity score (Loughran et al., 2009). Any relationship between incarceration and reoffending is thus assumed to be independent of observed confounders. Summaries of first- and second-generation research are unequivocal that incarceration has a null or criminogenic effect on reoffending (Gendreau et al., 1999; Nagin, Cullen, & Jonson, 2009; Petrich et al., 2021). However, datasets rarely have a sufficient breadth of measures to account for all confounders that create selection bias. Overall, first and second generation methods of accounting for selection bias are considered to produce unreliable estimates of the relationship between incarceration and reoffending (Loeffler & Nagin, 2022).
Third-generation research estimates treatment effects in nonexperimental settings by exploiting exogenous characteristics of justice system policies. Regression discontinuity studies (e.g., Mitchell, Cochran, Mears, & Bales, 2017; Rhodes, Gaes, Kling, & Cutler, 2018; Rose & Shem-Tov, 2021) consider persons who fall just above and just below a sentencing grid's criteria for a custody sentence as similar on relevant confounders. Thus, differences in reoffending between the two groups can be attributed to incarceration. Instrumental variable studies exploit random assignment of cases to judges (e.g., Bhuller et al., 2020; Harding et al., 2019). These studies include individuals who would not be assigned to prison by all judges. Accordingly, those individuals who are assigned to prison differ from those who are not assigned to prison only in terms of the punitiveness of their judge rather than unobserved characteristic of the person that could influence their reoffending. Third-generation research reports mostly null or criminogenic effects of incarceration (Loeffler & Nagin, 2022). However, a few studies, both in the United States but especially outside of the United States, report that incarceration reduces reoffending (Bhuller et al., 2020; Jordan, Krager, & Neal, 2023; Rose & Shem-Tov, 2021; Stam et al., 2023). Differences in findings from first and second generation research may reflect third-generation improvements in accounting for selection bias. However, these improvements came with a cost. To account for confounders, third-generation research involves samples of persons who barely qualified for receiving a custody sentence (i.e., “on the margins” of receiving a custody sentence). By excluding persons involved in more serious offenses and those with longer criminal histories, third-generation studies rely on “implausible comparisons and unrealistic counterfactuals” (Wakefield, 2018, p. 771) that limit generalizability. Analytic strategies that address selection bias without excluding persons who are most likely to experience incarceration can help overcome such concerns.
3. Within-individual analyses as a different methodological approach
Prior generations of research used between-group analytic strategies to compare reoffending rates for those who experienced incarceration and those who did not. Such analyses are incongruent with theories and policies that describe the influence of incarceration on reoffending as a matter of within-individual change. For example, perceptual deterrence describes how a person's perceptions of the costs and benefits of offending change after experiencing an escalation in punishment severity (Stafford & Warr, 1993). Framing describes how the likelihood of reoffending changes when there is a within-person difference between anticipated punishment and actual punishment (Bushway & Owens, 2013). Labeling theory describes a crime-inducing effect of incarceration in which changes in a person's punishment status influences changes in their social ties and identity (Paternoster & Iovanni, 1989). Recidivism sentencing premium policies are based on a relativist perspective in which a person's past punishment influences the determination of punishment severity in the present (Mears & Cochran, 2018). Analyses of person-level period-to-period change align with how these theories and policies describe the relationship between incarceration and reoffending. Such analyses have the added benefit of accounting for selection bias by controlling for all unobserved time-invariant confounders (Allison, 2009). As each person acts as their own control, there is no need to create unrealistic counterfactual groups or restrict samples to persons on the margins of a custody sentence.
Three studies have examined within-person change in incarceration by using a time-demeaned fixed-effect estimator. Two studies using data from the National Longitudinal Survey of Youth 1997 reported that increases in time spent incarcerated were associated with decreases in positive employment outcomes (Apel & Sweeten, 2010) and positive mental health outcomes (Porter & DeMarco, 2019). Using data on incarcerated youth from the Pathways to Desistance Study, Dmitrieva, Monahan, Cauffman, and Steinberg (2012) found that increases in self-reported time spent incarcerated were associated with decreases in psychosocial maturity. We add to this literature by examining the relationship between period-to-period within-person change in incarceration and future period-to-period within-person change in reoffending.
4. Current study
Research on offending trajectories has spanned nearly a century (Glueck & Glueck, 1937). Yet, whether incarceration shapes such trajectories remains poorly understood. This knowledge gap has persisted because of difficulties addressing selection bias (Loeffler & Nagin, 2022; Nagin et al., 2009). We are not proposing that within-individual analyses replace other methods (e.g., regression discontinuity designs). However, within-individual analyses can be useful for (1) addressing selection bias, (2) examining samples beyond those on the margins of receiving a custody sentence, and (3) answering different questions that can help evaluate, refine, and create theories and policies that consider the relationship between incarceration and reoffending from the perspective of within-individual change.
A first-differenced fixed-effect estimator was used to examine the relationship between year-over-year change in the number of days spent incarcerated and future year-over-year change in number of convictions among youth participants from the ISVYOS who were followed through adulthood. The effect of incarceration on reoffending may vary by crime-type (e.g., Loeffler & Nagin, 2022; Stam et al., 2023). For example, persons released from prison may be subject to closer surveillance and monitoring (Liberman, Kirk, & Kim, 2014), which could increase the likelihood of detection for technical offenses (e.g., violating a court order). Accordingly, we examined the influence of changes in incarceration on year-over-year change in violent convictions, technical convictions, and non-technical convictions. To examine the stability of the effect of incarceration, we increased the lag between changes in incarceration and changes in convictions by an additional year. Additionally, the crime-reducing impact of incarceration may be stronger as individuals age and become more adept at considering the consequences of reoffending (Fagan & Piquero, 2007). We therefore examined change from one age-stage to the next (e.g., from adolescence to emerging adulthood) as well as change within specific age-stages (e.g., adolescence as defined by ages 12-17).
Incarceration policies differ across jurisdiction and time period (Tonry, 2013a, Tonry, 2013b). The implications that such differences have for the relationship between incarceration and reoffending are not typically considered (c.f., Shen et al., 2020; Stam et al., 2023). With respect to jurisdiction differences, nearly 80 % of studies on incarceration and reoffending use data from the United States. ISVYOS data reflect Canada's experience using incarceration. Data from the Pathways to Desistance Study (Mulvey, 2013) were used to assess whether ISVYOS findings were similar when applying similar analyses to data on incarcerated youth from the United States. Despite their proximity, Canada and the United States differ regarding how decisions about incarceration are made and how incarceration is experienced (Neil & Carmichael, 2015). Canada did not experience an era of mass incarceration, for-profit prison centers, and routine use of mandatory minimum sentences (Tonry, 2013b). With respect to differences across time period, most research on incarceration and reoffending used samples that were collected during eras of mass incarceration (Petrich et al., 2021). Differences across eras in how incarceration is administered and experienced has implications for reoffending (Shen et al., 2020). Thus, the current study also stratified the ISVYOS sample into cohorts who were born in different eras and who were adjudicated under youth justice systems with different philosophies.
Methodological innovation cannot overcome inadequate data that limit theory-testing. The current study lacked data that could clarify, for example, whether any observed reductions in reoffending were due to specific deterrence or rehabilitation. It is rare for studies to measure individual-level changes that take place during incarceration and after community reentry (c.f., Bhuller et al., 2020). Within-individual analyses do not account for unobserved time-variant factors, but this is true of between-group analyses as well. Although the current study did not measure experiences while incarcerated, given that experiences of incarceration are believed to vary by demographic characteristics (Bucerius & Sandberg, 2022; Cochran, Mears, & Bales, 2014), additional analyses stratified the ISVYOS sample by gender and by ethnicity.
5. Method
5.1. Sample
The Ministry of Children and Family Development is responsible for the care of all incarcerated youth in British Columbia and consented to the ISVYOS' recruitment of youth (n = 1719) from custody centers throughout the province. Data on refusals were not consistently recorded, but for about a 5-year period, only approximately 5 % of youth refused to participate (McCuish et al., 2021 for additional details). The profile of incarcerated youth in Canada likely differs from youth in the United States. Unlike the United States, Canada abolished status offenses, does not incarcerate youth with adults, and does not subject youth to mandatory minimum sentences (Bell, 2014). During the period in which participants were recruited (1998–2011), the youth incarceration rate in British Columbia ranged between approximately 40 to 80 per 100,000. In comparison, the youth incarceration rate in the United States ranged between approximately 196 and 355 per 100,000 (OJJDP, 2019). Compared to incarcerated samples in the United States, the ISVYOS sample is more likely to include a greater proportion of youth who were involved in serious or violent offenses.
5.2. Procedures
ISVYOS Research Assistants typically approached youth to participate in the study within the first week of their incarceration. Some participants were incarcerated prior to their recruitment. These prior periods are accounted for in the measurement of incarceration time in the current study. Youth were informed that their involvement in the study would not affect their stay at the custody center, including the outcome of their sentencing. Interviews occurred in a private room away from other youth and custody staff. To obtain assent, participants were read and given a copy of an information sheet explaining the purpose of the study, how data would be collected, that they could withdraw at any time, and that information would be kept confidential unless they made a direct threat against themselves or someone else. Follow-up data were collected using Corrections Network (CORNET) client management software. CORNET includes youth and adult data for all persons involved in the justice system in the Province of British Columbia. Due to either sealed records or inaccurate record-keeping, CORNET information was available for 1620 of 1719 participants. Our main analyses focused on convictions and days incarcerated between ages 12–25. Over 95 % of the sample were followed until at least age 25.
5.3. Measures
5.3.1. Convictions
During the follow-up period, 142 participants died, and 128 others emigrated outside the province of British Columbia.2 Incarceration and convictions after these events were coded as missing. Convictions (see Table 1 for a summary) were measured at each year of age, beginning at age 12 (i.e., the age of criminal responsibility in Canada) and continuing for each year of age during the follow-up period. Conviction type (e.g., violent, non-technical convictions) was coded to examine the influence of incarceration on specific types of reoffending. A challenge in examining the relationship between incarceration and reoffending is that being convicted can result in reincarceration, which in turn limits opportunity to incur additional convictions during the rest of the follow-up period. To account for differences in exposure to the community, as part of our sensitivity analyses, we multiplied the number of convictions during a given year of age by the proportion of that age in which the participant was in the community rather than custody. For example, incurring one conviction at age 25 but spending six months in the community would be equal to two prorated convictions.
5.3.2. Incarceration
Incarceration included both time remanded and time spent in custody while serving a sentence. In British Columbia, the same custody facilities are used for remanded and sentenced youth. However, the adult system has separate facilities for remand and sentenced persons. There are more services available in adult facilities for sentenced persons. The current study was unable to distinguish between amount of time spent remanded versus sentenced. The ISVYOS directly measured each date a participant was admitted to a custody center and each date they were released from a custody center. Days incarcerated were summed for each year of age. This approach accounted for the fact that, in line with the RNR model, the final third of youth custody sentences are typically served in the community with various conditions and supervisory requirements that are deigned to help prevent reoffending (Bell, 2014). This approach avoided limitations with sentencing data that can lead to overestimating the length of time a person spends incarcerated by failing to account for early release. The ISVYOS data did not allow us to measure the number of times a person was incarcerated at each year of age, nor did it allow us to measure the length of time spent in custody for each individual sentence/remand period. The number of days spent incarcerated at each year of age was not necessarily based on a consecutive period. We therefore are not examining the influence of sentencing but rather the impact of time spent incarcerated. This measurement strategy aligns with prior studies (e.g., Loughran et al., 2009) and research on “careers in criminalization” that acknowledges that community reentry is not a one-time event (Western & Harding, 2022, p. 437). CORNET is a provincial database but included information on both federal (two years or more) and provincial (less than two years) custody sentences. For 18 % of the sample who received a federal sentence, if a date of release was not specified, their date of parole eligibility was used as a proxy for date of release.
5.3.3. Demographic characteristics
Gender and ethnicity data were obtained from self-report interviews. The demographic characteristics of the ISVYOS sample resembles the youth custody population in Canada (Malakieh, 2017). The sample includes 1341 male and 372 female participants. Data on gender were missing for six persons. The sample is mainly White (54.7 %). Indigenous persons are overrepresented in the sample (30.1 %) relative to the general population of British Columbia (Statistics Canada, 2013). Remaining participants (15.2 %) from various backgrounds (e.g., Black, East Asian, South-East Asian, Hispanic) were aggregated because base rates were too low to examine each ethnicity individually.
5.3.4. Age-stages
Given the potential age-graded nature of the relationship between incarceration and reoffending, four age-stages were constructed: 12–17; 18–23; 24–29; 30–35. In Canada, persons ages 12–17 are adjudicated under youth justice legislation regardless of the severity of their offense. We created three additional six-year age intervals to facilitate comparisons across age-stages of equal length. We examined the relationship between year-over-year changes in incarceration and convictions within each age-stage. To examine the longer-term impact of incarceration, we summed the total number of days incarcerated and total number of convictions incurred within each age-stage. This facilitated examining whether period-to-period within-person change in days spent incarcerated from one age-stage (e.g., ages 12–17 to the next (e.g., 18–23) was associated with period-to-period within-person change in number of convictions from one age-stage (e.g., 18–23) to the next (e.g., ages 24–29).
5.3.5. Cohort and period effects
Participants were born between 1979 and 1998. Three birth cohorts were created to help account for differences over time in the experience of incarceration (1980–1981, n = 190; 1990–1991, n = 343; 1994–1995, n = 184). These groupings were created to resemble Neil and Sampson's (2021) examination of birth cohort differences in justice system outcomes among participants from the Project Human Development Chicago Neighborhoods. Over time, British Columbia Corrections made concerted efforts to shift both its youth and adult systems to a more rehabilitative focus (Government of British Columbia, 2024; Gress, 2009, Gress, 2010). This shift in focus has the potential to influence experiences and responses to incarceration (e.g., Shen et al., 2020). The declining youth incarceration rate that began in British Columbia in the late 1990s is at least partly related to changes in youth justice legislation. Canada's Young Offenders Act (YOA) was in effect from 1984 until 2003 before being replaced by the Youth Criminal Justice Act (YCJA). We stratified the ISVYOS sample depending on whether they were adjudicated under the YOA (1998–2001; n = 596) or YCJA (2005–2011; n = 1123). In line with RNR principles, the YCJA made a concerted effort to lower incarceration rates by only permitting custody sentences for youth whose index offense met certain criteria of severity. Judges were also required to justify why all other sentencing options were unsuitable for improving public safety. The goal of incarceration under the YCJA was the promotion of public safety through rehabilitation (Bala, Carrington, & Roberts, 2009). Unlike the YOA, the YCJA excluded specific deterrence from its sentencing principles. In sum, youth under the YCJA differ from youth under the YOA, both in terms of being higher risk to reoffend and in terms of incarceration experiences (McCuish et al., 2021), and this may have implications for the relationship between incarceration and reoffending.
5.4. Analytic strategy
We used a fixed-effect estimator to examine the effect of year-over-year within-person change in incarceration on year-over-year within-person change in convictions. By focusing on within-person variation, fixed-effects estimation accounts for between-person differences in unobserved time-invariant factors that create selection bias (Allison, 2009). However, between-person differences remain with respect to the number of days spent incarcerated and number of convictions. Between-person differences in these time-varying factors may be associated with unobserved time-invariant factors. To illustrate, across three waves, Case X spent 14, 28, and 192 days in custody (Mean = 78 days) and Case Y spent 7, 12, and 8 days in custody (Mean = 9 days). Time invariant factors like ethnicity may be related to between-person differences in incarceration length and can confound estimates of the relationship between incarceration and reoffending. Between-person differences in time-varying measures can be removed by detrending the data. Time-demeaning and first-differencing are two approaches to detrending. Both approaches are consistent fixed-effect estimators that produce unbiased estimates and reflect degree and direction of within-person change rather than the magnitude of between-person differences. However, they detrend data using different variations and therefore are prone to give different answers to the same question (Waldfogel, 1997). The detrending method should be chosen based on its appropriateness for the theory or research question being evaluated.
Time-demeaning involves subtracting a person's mean value across all measurement periods from their value at each measurement period. For example, although Case X spent more time incarcerated at Wave 2 compared to Case Y, after time-demeaning, Case X's value at Wave 2 is −50 (28–78), reflecting a decrease in time incarcerated, whereas Case Y's value at Wave 2 is 3 (12–9), reflecting an increase in time incarcerated. Time-demeaning is the more popular approach for removing between-person variation in incarceration (e.g., Apel & Sweeten, 2010) and produces estimates of the relationship between incarceration and reoffending that are not biased by time-invariant confounders. However, these estimates may be theoretically misleading because time-demeaning uses information from the future to calculate whether someone changed in the present. For example, for Case X and Case Y, values at Wave 3 contribute to the calculation of the mean. Thus, the magnitude of change defined at Wave 2 is impacted by values at Wave 3. Time-demeaning may poorly reflect a person's experience of punishment. Case X experienced an increase in time spent incarcerated between Wave 1 and Wave 2, but because of a lengthy period of incarceration at Wave 3, their Wave 2 time-demeaned value reflects a decrease in time incarcerated. From a recidivism premium perspective where repeat offenders are meant to be punished more severely (Roberts, 2008), for Case X, incarceration at Wave 2 represents an escalation in sanction severity. Yet, time-demeaning treats Wave 2 as a de-escalation in sanction severity. From a labeling perspective, incarceration at Wave 2 implies that Case X's “deviant” status was reinforced through an increase in time spent incarcerated when compared to Wave 1. Yet, time-demeaning treats Wave 2 as if a person's label as “deviant” is in remission. People do not have memories of future events that they use to make decisions in the present. Incarceration in the present is not viewed and interpreted through the lens of known future experiences.3 In sum, time-demeaning may influence the misinterpretation of the relationship between change in incarceration and change in offending in ways that impact conclusions about theoretical principles and policy practices.
First-differencing detrends data by subtracting values at time t-1 (e.g., Wave 1) from values at time t (e.g., Wave 2) to examine period-to-period change. For Case X, whereas time-demeaning resulted in a decrease in number of days incarcerated at Wave 2, when using first-differencing, their value at Wave 2 (i.e., 28–14 = 14) reflects an increase in number of days incarcerated. We believe that first-differencing more closely aligns with how people experience change and better captures the variation that motivates policies that increase incarceration to reduce reoffending. First-differencing seems to better capture, for example, the courts' process of applying recidivism sentencing premiums where a person's time incarcerated is increased compared to their prior sentence (Roberts, 2008). First-differencing also captures the concept of labeling in terms of how the courts can reinforce a person's deviant status through increases in the amount of time they are required to spend incarcerated compared to a prior sanction (Paternoster & Iovanni, 1989). By focusing on period-to-period change, first-differencing is useful for avoiding the assumption that long-term patterns over the life-course are inherently predictable (see Paternoster & Bushway, 2009 for a discussion).
Fig. 1 shows that detrending ISVYOS conviction and incarceration data yields different values depending on whether first-differencing or time-demeaning is used. For example, at age 14, using first-differencing, the ISVYOS sample averaged an increase of approximately 20 days in custody compared to age 13. In contrast, at age 14, using time-demeaning, the sample averaged a decrease of approximately 30 days compared to the sample mean. As shown in Table S1 of the Supplemental Materials, the average correlation between a participant's time-demeaned value and first-differenced value at a given year of age is 0.619. Consistent with observations from Waldfogel (1997), the two approaches to detrending reflect different concepts yielding different values.
Our main analysis applied a first-differenced fixed-effect estimator for data spanning ages 12–25. This analysis indicated the contribution of year-over-year change in incarceration (i.e., between time t-2 and time t-1) to year-over-year change in convictions (i.e., between time t-1 and time t). There were no between-participant differences in age because all participants were the same age during each wave. All analyses controlled for linear and quadratic effects of ageing, but for parsimony, these are excluded from Eq. (1).
Conit-Conit-1= (β0+β1Incit-1 + αi + ui)-(β0+β1Incit-2 + αi + ui-1)
Con represents the number of convictions for individual i at age t and Inc represents the number of days spent incarcerated for individual i at age t.
The subtraction of each component in the equation differences out all unobserved time-invariant factors (αi). What remains is the effect of differences in incarceration (β1Incit-1 - β1Incit-2 ) and the error term (ui- ui-1). Robust (clustered) standard errors were specified to address serial correlation (Nichols & Schaffer, 2007).4 Sensitivity analyses examined whether the relationship between incarceration and reoffending was consistent across types of convictions and age-stages. Our main analyses were replicated after stratifying the sample to account for potential moderators of the relationship between incarceration and reoffending (e.g., gender, ethnicity, birth cohort, exposure to different justice system policies).
6. Results
Between ages 12–25, participants averaged approximately 20 convictions, including 2.5 violent convictions (e.g., assault, robbery, homicide), eight technical convictions (e.g., violating conditions of probation), and 12 non-technical convictions (see Table 1). Participants averaged nearly two years in custody during this period. Although participants were recruited in adolescence, 80 % of the sample spent at least one day incarcerated between ages 18–25. Of the 874 participants with available data between ages 30–35, 35 % spent at least one day incarcerated. Across 21,686 total person-period observations, 629 (2.9 %) represented instances where an ISVYOS participant spent the entire observation period (i.e., year of age) incarcerated. Among participants with complete data between ages 12–25 (n = 1410), 21.2 % (n = 299) spent at least one full year of age incarcerated. Overall, it was common for participants to be incarcerated in adulthood and remain in custody for relatively lengthy periods.
6.1. Within-individual change models
Model 1 of Table 2 shows the results of a first-differenced fixed-effect estimator investigating, between ages 12–25, the effect of year-over-year within-person change in incarceration between time t-2 and time t-1 on year-over-year within-person change in convictions between time t-1 and time t. Each additional day incarcerated from two years ago to one year ago results in a 0.0063 unit decrease in the number of convictions from one year ago to present. Said differently, an increase of one month spent incarcerated from two years ago to one year ago is associated with a 0.19 decrease in number of convictions from one year ago to present. Model 2 increased the lag by an additional year to assess the stability of the impact of changes in incarceration. A year-over-year increase in incarceration between time t-3 and time t-2 was associated with a year-over-year decrease in convictions between time t-1 and time t. The dependent variable in Model 3 reflects the number of convictions incurred per day free in the community during the follow-up period. Consistent with prior models, increases in the amount of time spent incarcerated were associated with decreases in the number of convictions incurred at the next measurement window. Finally, an increase in incarceration between time t-2 and time t-1 was associated with a significant decrease between time t-1 and time t in violent, non-technical, and technical convictions (Models 4–6).
Table 3 presents the effect of changes in incarceration on changes in convictions across different measurement intervals (Model 1), changes between aggregated age-stages (Model 2), and year-over-year changes within specific age-stages (Models 3–6). Consistent with Table 2, for all models, period-to-period within-person increases in the number of days spent incarcerated between time t-2 and time t-1 were associated with significant period-to-period within-person decreases in the number of convictions between time t-1 and time t. Of note, when it came to the examination of the relationship between incarceration and reconvictions within specific age-stages, the lower bound of the 95 % confidence interval of the b coefficient for the analysis between ages 12–17 was higher than the upper bound of the 95 % confidence interval of the b coefficients for the other three age-stages. For ages 12–17, an increase of one month spent incarcerated from two years ago to one year ago is associated with a 0.40 decrease in number of convictions from one year ago to present. For the three age-stages in adulthood, a one month increase in time incarcerated is associated with about a 0.12–0.15 decrease in convictions.
As shown in Table 4, regardless of whether the sample was stratified by gender (Models 1–2) or ethnicity (Models 3–5), between ages 12–25, year-over-year within-person increases in the number of days incarcerated between time t-2 and time t-1 were associated with significant year-over-year within-person decreases in the number of convictions between time t-1 and time t. In Table 5, regardless of when participants were born (Models 1–3) or which youth justice system legislation they were adjudicated under (Models 4–5), increases in time spent incarcerated were associated with, at the next measurement period, significant decreases in convictions. Overlapping confidence intervals implied that the relationship between incarceration and reoffending was not stronger for any particular cohort nor for participants exposed to any particular legislation.
6.2. Supplemental analyses
To evaluate whether findings were similar among incarcerated youth in the Untied States, the same analytic strategy was used to examine self-reported data on incarceration and offending versatility over a seven-year period among boys and girls (n = 1354) from Phoenix and Philadelphia who participated in the Pathways to Desistance Study. In brief (see Supplemental Materials for details), aligning with ISVYOS data, year-over-year within-person increases in days spent incarcerated between time t-2 and time t-1 was significantly (b = −0.001; p = .009) associated with year-over-year within-person decreases in self-reported offending versatility between time t-1 and time t. However, the crime-reducing effect of incarceration was observed for male participants but not female participants and for White participants but not for Black participants nor Hispanic participants.
7. Discussion
Theories and policies typically describe the relationship between incarceration and reoffending in terms of within-individual change. For example, recidivism sentencing premium policies call for a person to spend more time in custody compared to their prior sentence as a means of deterring that person from reoffending (Roberts, 2008). Until this point, research has relied on between-group analyses to interpret whether experiencing incarceration reduces a person's likelihood of reoffending (Petrich et al., 2021). Within-individual methods more directly address theory and policy questions concerning whether a person who experiences an increase in the length of time they are incarcerated subsequently changes in their level of offending. Within-individual analyses also address concerns about selection bias by accounting for all unobserved time-invariant confounders. Although within-individual analyses do not account for unobserved time-variant confounders, this is true of between-group analytic strategies as well. An advantage over between-group strategies like regression discontinuity designs is that within-individual analyses address selection bias without also being forced to focus on samples who barely met a court's criteria for a custody sentence (Loeffler & Nagin, 2022; Wakefield, 2018).
The current study examined the relationship between incarceration and reoffending using data from the ISVYOS on incarcerated youth from British Columbia, Canada (n = 1719). A first-differenced fixed-effect estimator was used to examine whether year-over-year increases in days spent incarcerated prospectively influenced year-over-year change in convictions.5 Based on analyses between ages 12–25, year-over-year increases in the number of days spent incarcerated were associated with, at the next measurement window, year-over-year decreases in the number of convictions. An increase of one month spent incarcerated from two years ago to one year ago was associated with a 0.19 decrease in number of convictions from one year ago to present. Changes in age were accounted for, meaning that reductions in convictions were not due to a decrease in risk for reoffending that comes with ageing in adulthood. Results were consistent when looking at different types of convictions, including violent convictions, non-technical convictions, and technical convictions (e.g., violations of court orders). Increases in the number of days incarcerated were associated with decreases in reconvictions even when the lag between incarceration and reconviction was extended by an additional year. This additional lag helped account for delays in court proceedings that could exacerbate the time between offense and conviction. It would be a mistake to interpret these findings as a reason fort Canada's correctional system to maintain the status quo. Issues with Canada's correctional system persist and should not be overlooked (Zinger, 2022). Our findings should not be interpreted as support for expanding the use of incarceration. In fact, our findings may reflect what happens when incarceration is reserved for a small group of youth involved in particularly serious or violent offenses.
Over three quarters of the ISVYOS sample were reincarcerated in adulthood. This facilitated examining the relationship between incarceration and reconvictions at different age-stages. A negative relationship between incarceration and reconvictions was observed when analyses were performed between aggregated age-stages (e.g., the effect changes in incarceration from ages 12–17 to 18–23 on changes in convictions from ages 18–23 to 24–29). This relationship was again observed when analyses were performed within specific age-stages (e.g., ages 12–17 only; ages 30–35 only). However, the lower bound of the 95 % confidence interval of the b coefficient for the analysis between ages 12–17 was higher than the upper bound of the 95 % confidence interval of the b coefficients for ages 18–23, 24–29, and 30–35. Thus, reductions in reconvictions following lengthier stays in custody were especially prominent during adolescence. Compared to its adult system, Canada's youth justice system places more emphasis on rehabilitation than deterrence and youth sentenced to incarceration receive close supervision, monitoring, and services when returning to the community (McCuish et al., 2021). Although speculative, the more purposeful emphasis on rehabilitation in the youth system may explain why incarceration was more strongly related to reductions in reconvictions. Adolescence is also a period in which there is more opportunity for change, including change in response to intervention (Steinberg, 2009). Differences in the magnitude of the incarceration effect may therefore be related to the tendency for youth to have a greater capacity to respond positively to rehabilitative efforts. It should also be pointed out that participants who were not incarcerated during a specific age-stage were dropped from the analysis of that age-stage. Thus, those who remained in the analyses of specific adulthood age-stages were those with the most persistent pattern of offending. Such persons may be less responsive to deterrent and/or rehabilitative efforts. Data limitations precluded direct assessment of this possibility, but our speculation is consistent with Jordan et al.'s (2023) finding that reductions in reoffending following incarceration were weaker for repeat offenders.
7.1. Analysis of potential moderators
The ISVYOS sample was stratified to assess the consistency of findings across different subgroups. For both ISVYOS girls/women and boys/men, year-over-year increases in the number of days spent incarcerated were associated with, at the next measurement window, year-over-year decreases in the number of convictions incurred. Some have reported that incarceration has an especially negative impact on women (e.g., Kruttschnitt, Slotboom, Dirkzwager, & Bijleveld, 2013). However, we found that incarceration reduced reconvictions for girls and women. Our finding aligns with recent research from Alberta, Canada where incarcerated women described their life in custody as an improvement upon their life in the community (Bucerius, Haggerty, & Dunford, 2021; Bucerius & Sandberg, 2022).
Results were also consistent across White, Indigenous, and non-Indigenous racialized persons. Custody facilities in British Columbia provide food, shelter, health care, and programs that are unavailable or difficult to receive in the community (Butler, 2021). We are not suggesting that incarceration is a positive experience for ISVYOS participants. The custody environment in British Columbia may simply be an improvement from severe forms of marginalization experienced in the community. This may be especially true for girls and Indigenous participants who reported experiencing higher rates of crack cocaine and crystal methamphetamine use, family conflict, abuse, and unstable housing (Gushue & McCuish, 2021; McCuish & Corrado, 2018). Our interpretation aligns with Gray and Viljoen's (2023) finding that higher-risk youth from a residential treatment facility experienced a greater number of days free of self-injurious behavior compared to lower-risk youth from the same facility. Gray and Viljoen suggested that higher-risk youth spent a greater amount of time under treatment and supervision at the facility compared to lower-risk youth, which may have resulted in a greater number of days free of self-injury following release. Incarceration may fail to reduce reoffending when marginalization in custody reflects the level of marginalization experienced in the community. When performing similar analyses using data on participants from the Pathways to Desistance Study (see Supplemental Materials), increases in time spent incarcerated were associated with decreases in self-reported offending versatility. However, after stratifying by demographic characteristics, the crime-reducing impact of incarceration was observed for White participants but not Black and Hispanic participants and for male participants but not for female participants. It may be that prison conditions in Arizona and Pennsylvania are less conducive to reducing reoffending. Indeed, the United States has a history of incarcerating youth for minor offenses as a means of controlling behavior (Feld, 2009).
Prior research showed that the relationship between incarceration and reoffending might be influenced by the level of crime during the era in which a person comes of age (Shen et al., 2020). ISVYOS participants born earlier came of age during periods with higher incarceration rates. Accordingly, the ISVYOS sample was stratified into three birth cohorts (1980–81; 1990–91; 1994–95) that resembled birth cohort groupings examined in other studies (Neil & Sampson, 2021). Regardless of when ISVYOS participants were born, year-over-year increases in the number of days spent incarcerated were associated with, at the next measurement window, year-over-year decreases in the number of convictions incurred. ISVYOS participants experienced either Canada's YOA (1984–2003) or YCJA (2003-present) legislation. Moving from the YOA to the YCJA was associated with a decline in incarceration rates and changes to the purpose and experience of incarceration, including an increased emphasis on rehabilitation and closer alignment with RNR principles (Bala et al., 2009). However, year-over-year increases in the amount of time spent incarcerated were associated with year-over-year decreases in the number of convictions incurred regardless of which legislation participants were adjudicated under. The consistency of findings across birth cohort membership and legislative changes may be evidence that Canada is in a “settled period” (Swidler, 1986) where it is difficult to discern an independent influence of cultural factors on individual behavior. Policy changes in Canada occur more slowly, are less dramatic, and are less impactful (Doob & Webster, 2016; Roberts, 2012) compared to policy changes in the United States that allowed for mass incarceration (Tonry, 2013b). The YCJA may not have had a unique impact on the relationship between incarceration and reoffending compared to the YOA because incarceration rates in British Columbia were declining even prior to the enactment of the YCJA (McCuish et al., 2021).
7.2. Study implications, limitations, and future research
In the absence of measures before, during, and after incarceration, studies on the relationship between incarceration and reoffending are more suited to ruling out particular theories than supporting particular theories. For example, our results contradict the notion that prisons serve as schools of crime (Clemmer, 1950). However, like other studies, we lacked data on participant perceptions of punishment and measures of the incarceration experience. Therefore, it would be a mistake to interpret findings as direct support for specific deterrence. ISVYOS participants experiencing a period-to-period increase in number of days spent incarcerated nevertheless may have viewed this situation as less punitive than other options For example, some people prefer to be in custody than to be bound by conditions of a community-based sentence (e.g., probation) for a longer period of time (Cochran et al., 2014; Raaijmakers, de Keijser, Nieuwbeerta, & Dirkzwager, 2017). To examine specific deterrence mechanisms, future research should measure subjective perceptions of incarceration. Instead of reflecting deterrence, it is possible that lengthier periods of incarceration provided greater opportunities for ISVYOS participants to receive services that subsequently influenced decreases in reconvictions. Bhuller et al. (2020) reported that employment training programs influenced lower rates of recidivism among incarcerated persons. Although we did not directly measure incarceration experiences, findings were consistent across groups (e.g., different genders) who typically experience incarceration differently (Bucerius et al., 2021; Bucerius & Sandberg, 2022; Kruttschnitt et al., 2013).
Future research should consider Hickert, Bushway, Nieuwbeerta, and Dirkzwager's (2021) discussion of two stages of incarceration: changes that occur during incarceration and changes in offending post-incarceration. Changes in the amount of time spent incarcerated may have implications for the types of individual-level changes that occur during incarceration. Understanding incarceration as a two-stage turning point requires measures of incarceration experiences such as exposure to programming, visits from supportive contacts, perceptions of incarceration and criminogenic attitudes, and changes in substance use. Measures of post-incarceration experiences are also critical because, especially in jurisdictions where the RNR model is used, those who are viewed as higher risk are allocated greater intervention and supervision resources. Reflecting on findings from the current study, increases in time spent incarcerated from one period to the next may be a proxy for increases in the amount of supervision, monitoring, and rehabilitative support received following community reentry. Reductions in reoffending following increases in time incarcerated may therefore actually reflect a post-incarceration effect in which participants received increases in community supervision, monitoring, and services. Canada's youth system in particular reflects RNR principles, which may explain why coefficients were larger when examining incarceration's influence in adolescence compared to in adulthood. We are not aware of other studies that disentangled the supervision effect from the incarceration effect. As weak evidence against the presence of a supervision effect, our findings were consistent even after increasing the lag between incarceration and reoffending. In other words, reconvictions were lower even when looking beyond initial periods of community reentry where services and supervision and monitoring are more likely.
Based on their review of 116 studies, Petrich et al. (2021) suggested that there is universal consensus that incarceration fails to reduce reoffending. Our findings do not necessarily contradict this literature. By focusing on within-person year-over-year change, we answered a different research question. We also used data on sample of participants who are likely higher-risk when compared to samples in instrumental variable studies that focus on persons on the margins of receiving a custody sentence. Although not measured directly, the experience of incarceration for ISVYOS participants in Canada may be different from experiences in the United States, which is where most of the literature on incarceration and reoffending is based. Canada is more likely to emphasize incarceration as an opportunity for rehabilitation and service delivery rather than deterrence and punishment (Tonry, 2013b). Compared to persons on the margins of receiving a custody sentence in the United States, the ISVYOS sample may be less likely to experience the pains of imprisonment because their experiences in the community are already especially challenging (McCuish et al., 2021; also see Bucerius et al., 2021). Especially since the 1990s, Canadian correctional psychology researchers working in policy positions voiced concerns about punitive components of incarceration (Gendreau et al., 1999), promoted effective correctional practices (Gendreau & Ross, 1983), and developed the RNR model to help identify who should be incarcerated and how to address treatment needs (Bonta & Andrews, 2007). These ideas may hold less weight in the United States, where there is a tendency to hold pessimistic attitudes about whether higher-risk offenders can change (Lussier, McCuish, & Cale, 2021). Such attitudes could subsequently influence the withholding of rehabilitative services. For example, Jordan et al. (2023) found that among persons incarcerated in Illinois, incarceration reduced offending for first-time offenders but not repeat offenders. Future research should examine whether findings generalize to persons with psychopathy traits who may be less likely to engage in and respond positively to treatment programming (Sewall & Olver, 2019; Vasaturo, Krstic, & Knight, 2024).
Like other studies (e.g., Loughran et al., 2009), the ISVYOS measured the number of days spent incarcerated within a particular wave. Two participants may have spent an equal number of days incarcerated at a given year of age but one may have entered and exited custody on five separate occasions whereas the other entered and exited custody only once after receiving a single sentence. ISVYOS data were unable to distinguish between such patterns and so it was not possible to examine the influence of sentence length on reoffending. We also did not examine the functional form of the relationship between incarceration and reoffending. Lengthy stays in custody may have diminishing returns on reducing reoffending (Mears, Cochran, Bales, & Bhati, 2016), especially if such stays result in returning to the community at older ages where the risk of offending is lower.
The use of incarceration reflects a justice system's functioning, and the values, culture, rules, and traditions of this system differ across jurisdictions (Roberts, 2012; Tonry, 2013b). We are not suggesting that incarceration decreases the risk of reoffending irrespective of the jurisdiction, era, and context in which it is used. The ISVYOS sample reflects the types of individuals who engage in repeat offending and who probation and parole officers have regular contact with as part of case management practices. Despite the specificity of the ISVYOS sample, as illustrated by our supplemental analyses using data from the Pathways to Desistance Study, the within-individual analytic strategy used in the current study can be extended to a range of other samples and jurisdictions.