Previous Convictions at Sentencing: Theoretical and Applied Perspectives

Overview

This book addresses one of the oldest and most contested questions in the field of criminal sentencing: Should an offender's previous convictions affect the sentence, and how? As well, this question provokes a series of others: Is it possible to justify a discount for first offenders within a retributive sentencing framework? How should previous convictions enter into the sentencing equation? At what point should prior misconduct cease to count for the purposes of fresh sentencing? Should similar previous ...

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2010 Hardback NEAR FINE 268pp., Hardback, This listing is a new book, a title currently in-print which we order directly and immediately from the publisher. *****PLEASE NOTE: ... This item is shipping from an authorized seller in Europe. In the event that a return is necessary, you will be able to return your item within the US. To learn more about our European sellers and policies see the BookQuest FAQ section***** Read more Show Less

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Overview

This book addresses one of the oldest and most contested questions in the field of criminal sentencing: Should an offender's previous convictions affect the sentence, and how? As well, this question provokes a series of others: Is it possible to justify a discount for first offenders within a retributive sentencing framework? How should previous convictions enter into the sentencing equation? At what point should prior misconduct cease to count for the purposes of fresh sentencing? Should similar previous convictions count more than convictions unrelated to the current offense? Statutory sentencing regimes around the world incorporate provisions which mandate harsher treatment of repeat offenders. Although there is an extensive literature on the definition and use of criminal history information, the emphasis here is on the theoretical and normative aspects of considering previous convictions at sentencing. Several authors explore the theory underlying the practice of mitigating the punishments for first offenders, while others put forth arguments for enhancing sentences for recidivists. The practice of sentencing repeat offenders in two jurisdictions - England/Wales and Sweden - is also examined in detail. This book is invaluable reading for members of the criminal bar and academics who teach the law of evidence.

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Product Details

  • ISBN-13: 9781849460422
  • Publisher: Hart Publishing UK
  • Publication date: 7/12/2010
  • Pages: 268
  • Product dimensions: 6.20 (w) x 9.30 (h) x 0.90 (d)

Table of Contents

Acknowledgements

Preface

Contributing Authors

1 Proportionality and the Progressive Loss of Mitigation: Some Further Reflections 1

2 First-Offender Sentencing Discounts: Exploring the Justifications Andrew von Hirsch von Hirsch, Andrew 17

3 Recidivism, Retributivism, and the Lapse Theory of Previous Convictions Julian V. Roberts Roberts, Julian V. 37

4 Repeat Offenders and the Question of Desert Jesper Ryberg Ryberg, Jesper 49

5 'More to Apologise For': Can We Find a Basis for the Recidivist Premium in a Communicative Theory of Punishment? Youngjae Lee Lee, Youngjae 73

6 The Questionable Relevance of Previous Convictions to Punishments for Later Crimes Chris Bennett Bennett, Chris 91

7 Prior-conviction Sentencing Enhancements: Rationales and Limits Based on Retributive and Utilitarian Proportionality Principles and Social Equality Goals Michael Tonry Tonry, Michael 117

8 The Illusion of Proportionality: Desert and Repeat Offenders Richard S. Frase Frase, Richard S. 137

9 Dimensions of Criminal History: Reflections on Theory and Practice Kevin R. Reitz Reitz, Kevin R. 161

10 The Role of Previous Convictions in England and Wales Martin Wasik Wasik, Martin 185

11 Previous Convictions and Proportionate Punishment under Swedish Law Andrew Ashworth Ashworth, Andrew 207

12 Assessing the Impact of a Recidivist Sentencing Premium on Crime and Recidivism Rates Petter Asp Asp, Petter 227

Index Lila Kazemian Kazemian, Lila 251

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