Does electronic monitoring as a means of release preparation reduce subsequent recidivism? A randomized controlled trial in Germany
| Author | Katharina Meuer,Gunda Woessner |
| DOI | 10.1177/1477370818809663 |
| Published date | 01 September 2020 |
| Date | 01 September 2020 |
| Subject Matter | Articles |
https://doi.org/10.1177/1477370818809663
European Journal of Criminology
2020, Vol. 17(5) 563 –584
© The Author(s) 2018
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DOI: 10.1177/1477370818809663
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Does electronic monitoring
as a means of release
preparation reduce
subsequent recidivism?
A randomized controlled
trial in Germany
Katharina Meuer
Legal Traineeship, Higher Regional Court, Hamburg Germany
Gunda Woessner
Max Planck Institute for Foreign and International Criminal Law, Germany
Abstract
This study analyses the recidivism-reducing effect of electronic monitoring (EM) in the context
of early work release and home detention as a means of release preparation. We tested the
hypothesis that EM reduces recidivism after the termination of EM. The results are based on a
randomized controlled trial in Baden-Württemberg, Germany, where a pilot project between
2010 and 2012 enabled different forms of EM. The participating prisoners were randomly assigned
either to the experimental group under EM or to the control group, whose participants had to
continue their regular sentence behind prison walls. Qualitative data and data of a matched-
pair sample complement the analyses. There was no statistical significant difference between the
recidivism rates of the EM and control group subjects.
Keywords
Electronic monitoring, GPS, randomized controlled trial, recidivism, rehabilitation, reoffending
Introduction
In contrast to the United States and parts of Europe such as England and Wales,
Germany has taken a cautious approach to the use of electronic monitoring (EM). Of
Corresponding author:
Gunda Woessner, Max Planck Institute for Foreign and International Criminal Law, Department of
Criminology, Günterstalstr. 73, Freiburg, 79100, Germany.
Email: g.woessner@mpicc.de
809663EUC0010.1177/1477370818809663European Journal of CriminologyMeuer and Woessner
research-article2018
Article
564 European Journal of Criminology 17(5)
the 16 German states, only Hesse regularly uses EM, in order to avoid (re)imprison-
ment in the contexts of pre-trial detention and probation (Mayer, 2004). At the national
level, EM has been available since 2011 for use on high-risk sex and violent offenders
after their release from prison; recently, the group of persons subject to EM was
expanded to include convicted (or suspected) terrorists.1 Although acknowledging the
misgivings and uncertainties associated with EM, the state of Baden-Württemberg
passed the ‘Act on Electronic Monitoring during the Enforcement of Imprisonment’ in
2009 in order to scientifically evaluate EM as an innovative method. The goals of EM
as foreseen in the law were twofold: (1) avoiding the incarceration of low-risk offend-
ers who were unable to pay a fine and (2) facilitating preparation for release from
prison (that is, home detention and early work release). The law, which was designed
as a pilot project, called for the undertaking of a study – including a randomized con-
trolled trial (RCT) – to evaluate the programme. Conducted by the Criminology
Department of the Max Planck Institute for Foreign and International Criminal Law,
the study consisted of two phases: the first phase examined whether EM was a viable
tool for avoiding imprisonment and facilitating preparations for release and thus reha-
bilitation (see Schwedler and Woessner, 2017); the second phase took the form of a
study of recidivism. The results of this second phase are presented here. The Baden-
Württemberg EM law, originally enacted for a period of four years, expired in August
2013. Owing to a change in government and unfulfilled expectations concerning the
efficacy of EM, it was not extended (Schwedler and Wößner, 2015).
The monitoring of offenders with electronic devices, which can be used to pursue
various goals, was originally introduced in the United States to counteract prison over-
crowding (Hucklesby, 2008; Renzema and Mayo-Wilson, 2005). Operating under the
premise that EM is less punitive than imprisonment, policymakers soon introduced EM
as an intermediate measure. Thus, EM became an inherent part of the sanctioning sys-
tems of many countries. Until now, however, there has been a dearth of empirical evi-
dence on the rehabilitative potential of EM (Renzema and Mayo-Wilson, 2005;
Vanhaelemeesch et al., 2014; Yeh, 2010). Critics emphasize that EM is generally used as
a method of control rather than as a rehabilitative measure (Kornhauser and Laster, 2014;
Renzema, 2003). In addition, owing to the plurality of available EM technologies (GPS,
radio frequency and alcohol monitoring using tracking devices with transdermal alcohol
sensors) and the existence of various application schemes that focus on persons of differ-
ing risk levels, it is difficult to draw general conclusions about the effect of EM. Moreover,
most of the research on EM has focused on its implementation (Killias et al., 2010;
Nellis, 1991) whereas studies on the crime preventive and rehabilitative potential of EM
have been quasi-experimental. Likewise, EM is usually compared with conventional
sanctions – if it is compared at all. Lastly, a reduction in recidivism may be caused by
more than one factor and not necessarily just EM. Given these uncertainties, it is difficult
to arrive at conclusive findings about EM. A major shortcoming of previous research on
EM is the lack of a theoretical foundation. The study here is one of the few to incorporate
empirical analysis of recidivism after EM into a theoretical framework. It tests the
hypothesis that EM has a recidivism-reducing impact after its use is terminated. As men-
tioned above, the study is based on data from the Baden-Württemberg pilot project. It
must be noted, however, that most of the participants in the pilot project were low- to
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