Wilson Journal – Fall 2016

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the American public. Another study based on defiance theory and attitude found that attitudes are a key part of recidivism (Mills, Kroner and Hemmati 2004, 718). Mills, Kroner and Hemmati found that when criminals had negative attitudes about police and judges but positive attitudes about criminal behavior, specifically violence, they were more likely to return to crime after their released (2014, 728). This risk of recidivism increases if the criminal was close with other criminals (2004, 728). Since terrorist groups often operate in cells or as social units, it is likely that terrorists would return to their illegal behavior after their release from a detention facility. The attitudes of terrorists to begin with must be anti-American if they are attacking the United States, so it is likely that Mills, Kroner and Hemmati’s work can be applied to Guantanamo. All these different perspectives on defiance theory suggest that there is merit to considering it for Guantanamo. Another theory behind recidivism that could apply to the case of detainees released from Guantanamo is investment theory. Though it has yet to be empirically supported, investment theory considers the motivations that lead terrorists to choose to

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leave their organizations (Altier, Thoroughgood and Horgan 2014, 647). Altier, Thoroughgood and Horgan suggest that there are pushand-pull factors that encourage terrorists to leave their group as a social entity and a means to re-enter mainstream society (2014, 648). This suggests that certain individuals see more benefit to joining society and more negatives to remaining in the group over time. Though this is the opposite of recidivism, it may offer insight into what makes people stay committed to a certain course of action. Despite potential merits to investment theory, it still seems that defiance theory coupled with mistreatment is the most applicable to Guantanamo. Though there has been significant analysis and many previous studies about recidivism, there are gaps in the literature. First, there is not a recent study pertaining specifically to the recidivism rates of released Guantanamo detainees. This paper will build off of Fahey’s statistical analysis in that way. Additionally, further research is needed to apply defiance theory specifically to Guantanamo. Adding a statistical variable for prisoner treatment can do this. The inclusion of this variable could help clarify Fahey’s research, which primarily


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