Recidivism is defined as repetition of criminal behavior, i.e., an offender previously convicted and punished for an offence continues to offend once released. Recidivism is also a measure of the effectiveness of rehabilitation programs or the deterrent effect of punishment. Definitions are important when one considers the recent claims that 61 terrorists released from Guantanamo Bay have returned to the battlefield. An analysis conducted by Seton Hall law professor Mark Denbeaux reveals that those claims are widely distorted. http://www.youtube.com/watch?v=JqXacCsGtKM

Professor Hall points out that the government has issued 43 statements regarding this issue (41 orally) and the number of “terrorists” alleged to have returned to the battlefield has changed nearly every time. The current list of 61 includes people who have written editorials in the New York Times criticizing Guantanamo Bay and those who have filmed documentaries critical of our government’s policies.

A previous analysis of 571 detainees conducted by Denbeaux found that 55% of them were determined not to have committed any hostile acts against the United States or its coalition allies. Only 8% of the detainees were characterized as al Qaeda fighters. Of the remaining detainees, 40% had no definitive connection with al Qaeda at all and 18% had no definitive affiliation with either al Qaeda or the Taliban. United States forces captured only 5% of the detainees. 86% of the detainees were captured by Pakistan or the Northern Alliance and were handed over to the United States at a time in which we offered large bounties for capture of suspected enemies. Finally, the population of persons deemed not to be enemy combatants – mostly Uighers – are in fact accused of more serious allegations than a great many persons still deemed to be enemy combatants.

At the present time, there are 245 detainees in Guantanamo Bay and only 21 of those have been charged with crimes. Investigators recently reported that there are no comprehensive case files on many of them despite the fact that most have been imprisoned for years.

Former Air Force counterintelligence agent Matthew Alexander, who conducted over 1300 interrogations in Iraq, and author of “How to Break a Terrorist,” has stated that the practice of not keeping comprehensive records on prisoners is called “ghosting” and violates the Geneva Convention. He also has stated that al Qaeda has used Guantanamo Bay as a major recruiting tool to expand the ranks of terrorists.

President Obama’s vow to close Guantanamo Bay is the right decision. The facility stands as a reminder of a justice system run amok. If our government has cases against 21 terrorists, then bring them to trial in the federal court system. If convicted, send them to maximum-security prisons. The idea that these prisoners are more dangerous than the countless murderers, serial killers and sociopaths we currently house in our prison system is as ridiculous as the claims brought against the majority of the detainees.