Recidivism is one of the most fundamental concepts in criminal justice. It refers to a person’s relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime.
National Institute of Criminal Justice
I will talk here again about the ballad A Lytell Geste of Robyn Hode (referred to hereafter as the Geste). It is a poem that was composed c.1450 but not printed until much later, most probably between the years c.1490 and c.1510. It is a long tale composed of eight ‘fyttes,’ and chronicles many of the deeds and exploits that Robin becomes embroiled in. It is a long poem at 1,824 lines.
I will dwell here upon fyttes seven and eight in the Geste. Before going further, let me say that Robin Hood is first and foremost a criminal. He’s an outlaw who sets himself up in defiance of the authorities. People seem to forget this. Anything he is taken to represent, such as a love of liberty, or “the fellowship of free and equal men” as some scholars say, are meanings which people ascribe to the legend rather than anything which Robin in the early texts says that he represents.
Let us begin at the end of fytte six, where Robin has killed the Sheriff:
Robyn bent a good bowe,
An arrowe he drew at his wyll,
He hyt so the proude sheryf,
Upon the grounde he lay full styll.
And or he myght up aryse,
On his fete to stoned,
He smote of the sheryves head,
With his bryght bronde.
The King is understandably a bit annoyed that this outlaw has killed his representative of law and order, and in the seventh fytte we are told that:
The kynge came to Notynghame,
With knyghts in grete araye,
For to take that gentyll knight,
And Robyn Hode, yf he may.
The King is also a bit miffed that when he has been hunting, he cannot find any deer, for Robin and his men have been feasting upon them. So the King resolves to travel into the forest in disguise to meet Robin Hood and capture him. Dressed as monks, the king and his men happen to come across Robin and his men. This part of the poem is a rehash of medieval and early-modern ‘King and Commoner’ ballads, and cannot be taken to be factually true. When Robin meets the King (in disguise as a monk) Robin praises the King, and the King is impressed with this.
Robin invites the disguised King and his men for a meal in the forest and they have a feast. Afterwards, Robin demands payment from the King, at which point the King reveals himself to Robin and the outlaws:
Robyn behelde our comly kynge
Wystly in the face,
So dyde Syr Rycharde at the Le,
And kneled downe in that place.
And so dyde all the wylde outlawes,
Whan they see them knele:
“My lorde the kynge of Englonde,
Now I knowe you well.”
“Mercy then, Robyn,” sayd our kynge,
“Under your trystyll-tre,
Of thy goodnesse and thy grace,
For my men and me!”
The King forgives Robin for his crimes and invites him to live at Court with him, which Robin readily accepts.
He stays with the King for a full year, after which time Robin begins to get itchy feet. In reality, he is more like the King’s hostage than his servant – what better way to control England’s most notorious outlaw than to have him directly in sight at all times, right? Anyhow, Robin asks the King if he might have a few days’ leave of the King to travel back to Barnsdale to visit a chapel he had built to Mary Magdalene in the woods:
“Yf it be so,” than sayd our kynge,
“It may no better be,
Seven nyght I gyve the leve,
No lengre, to dwell fro me.”
“Gramercy, lorde,” then sayd Robyn,
And set hym on his kne;
He toke his leve courteysly,
To grene wode then went he.
Granted seven days’ leave and no more, Robin returns to Barnsdale. Once there, he cannot help himself but break the law again:
Whan he came to grene wode,
In a mery mornynge,
There he herde the notes small
Of byrdes mery syngynge.
“It is ferre gone,” sayd Robyn,
“That I was last here;
Me lyste a lytell for to shote
At the donne dere.”
Robyn slewe a full grete harte,
His horne than gan he blow,
That all the outlawes of that forest
That horne coud they knowe,
And gadred them togyder,
In a lytell throwe;
Seven score of wyght yonge men
Came redy on a rowe.
He really cannot help himself-once back in the green wood he slays another deer, and immediately sounds his bugle horn and rejoins the other outlaws living in the forest. He remains an outlaw for another 22 years until he finally dies at the hands of the Prioress of Kirklees.
Now, obviously caution has to be exercised when applying a modern theoretical concept such as recidivism to an early English text, for the legal system of the 1400s was very different to the legal system in England today. But the fundamental principle – that offenders can reoffend – remains the same. To repeat the definition of ‘recidivism’: It refers to a person’s relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime. The ‘intervention’ Robin receives is being invited by the King to live at his court. Robin even receives a fee from the king – like a salary – for the duties he carries out at Court. Yet he still cannot help himself but reoffend the moment he is given a little bit of freedom from the King. Were this a more recent outlaw/highwayman from the 1700s, we would term this ‘recidivism’.