The effect of initial institutional misconduct overpunishment on subsequent misconduct

There is ample research connecting punishment to future behavior. Literature on specific deterrence often examines the impacts of justice system involvement (e.g. arrests and incarcerations) or perceptions of punishment on future behavior. However, how punishment disparities within institutional corrections affect behavior has been less explored. In this study, we use data from a cohort of 2016–2018 Texas Department of Criminal Justice (TDCJ) releasees to examine the effect of overpunishment for a resident’s first institutional violation on their subsequent misconduct. We frame this discussion through comprehensive deterrence frameworks, with a particular focus on specific deterrence and punishment severity. We find that higher levels of overpunishment for a resident’s first violation correspond with higher future misconduct violations. This relationship is especially salient for moderate and severe levels of initial violations. Overall, our findings indicate that overpunishing individuals for initial violations within institutional corrections increases subsequent misconduct, furthering contemporary specific deterrence discussions.