Download or read book Previous Convictions at Sentencing written by Julian V Roberts and published by Bloomsbury Publishing. This book was released on 2014-10-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? 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.
Download or read book Paying for the Past written by Richard S. Frase and published by Oxford University Press, USA. This book was released on 2019-08 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: All modern sentencing systems, in the US and beyond, consider the offender's prior record to be an important determinant of the form and severity of punishment for subsequent offences. Repeat offenders receive harsher punishments than first offenders, and offenders with longer criminal records are punished more severely than those with shorter records. Yet the vast literature on sentencing policy, law, and practice has generally overlooked the issue of prior convictions, even though this is the most important sentencing factor after the seriousness of the crime. In Paying for the Past, Richard S. Frase and Julian V. Roberts provide a critical and systematic examination of current prior record enhancements under sentencing guidelines across the US. Drawing on empirical data and analyses of guidelines from a number of jurisdictions, they illustrate different approaches to prior record enhancements and the differing outcomes of those approaches. Roberts and Frase demonstrate that most prior record enhancements generate a range of adverse outcomes at sentencing. Further, the pervasive justifications for prior record enhancement, such as the repeat offender's assumed higher risk of reoffending or greater culpability, are uncertain and have rarely been subjected to critical appraisal. The punitive sentencing premiums for repeat offenders prescribed by US guidelines cannot be justified on grounds of prevention or retribution. Shining a light on a neglected but critically important topic, Paying for the Past examines the costs of prior record enhancements for repeat offenders and offers model guidelines to help reduce racial disparities and reallocate criminal justice resources for jurisdictions who use sentence enhancements.
Download or read book Deserved Criminal Sentences written by Andreas von Hirsch and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Download or read book The Role of Previous Convictions in Sentencing written by and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punishing Persistence written by Julian V. Roberts and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: All jurisdictions-whether common or civil law-punish repeat offenders more severely. In this sense, the Recidivist Sentencing Premium is as universal as the principle of proportionality. Retributive sentencing theorists fall into two camps: one group rejects the use of previous convictions at sentencing while the second assigns a very limited role for criminal antecedents. This article explores the issue and proposes a culpability-based justification for considering previous convictions at sentencing. According to this proposal, previous convictions justify more severe treatment in the way that premeditation is used as an aggravating circumstance. Offenders who plan their crimes and offenders with previous convictions should be considered more blameworthy and hence worthy of harsher punishments. This model is considered with reference to community views of sentencing.
Download or read book The Past Predicts The Future Criminal History and Recidivism of Federal Offenders written by United States Sentencing Commission and published by Government Printing Office. This book was released on 2017-04-12 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this report is the 25,431 U.S. citizen federal offenders released from prison or placed on probation in calendar year 2005. Recidivism refers to a person's relapse into criminal behavior, often after the person receives sanctions or undergoes interventions for a previous crime. Recidivism is typically measured by criminal acts that resulted in the re-arrest, re-conviction, and/or re-incarceration of the offender over a specified period of time. Recent developments, particularly public attention to the size of the federal prison population and the cost of incarceration have refocused the Commission's interest on the recidivism of federal offenders. This report takes into account chapters four and two of the Guidelines Manual (ISBN: 9780160934896) in establishing the Commission's methods for evaluation. Scoring points for evaluation of the study group, and criminal history category identification. The Appendix comprised of tables and figures section offers the Study group's offender race, median age, re-conviction rates, re-incarceration rates, offenses categories, and more. Related products: United States Sentencing Commission Guidelines Manual 2016 is available here: https://bookstore.gpo.gov/products/sku/052-070-07703-4 Alternative Sentencing in the Federal Criminal Justice System is available here: https://bookstore.gpo.gov/products/sku/052-070-07686-1?ctid=1103 Federal Probation: A Journal of Correctional Philosophy and Practice print subscription available here: https://bookstore.gpo.gov/products/sku/727-001-00000-0?ctid= Take Charge of Your Future: Get the Education and Training You Need can be found here: https://bookstore.gpo.gov/products/sku/065-000-01446-7 Federal Rules of Criminal Procedure, December 1, 2016 is available here: https://bookstore.gpo.gov/products/federal-rules-criminal-procedure-2016
Download or read book Sentencing Law and Policy written by Nora Demleitner and published by Aspen Publishing. This book was released on 2022-01-31 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sentencing Law and Policy: Cases, Statutes, and Guidelines, Fifth Edition
Download or read book Research on Sentencing written by National Research Council and published by National Academies Press. This book was released on 1983-02-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Uses and Consequences of a Criminal Conviction written by Margaret Fitzgerald O'Reilly and published by Springer. This book was released on 2018-11-23 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.
Download or read book Past Or Future Crimes written by Andrew Von Hirsch and published by . This book was released on 1985 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text outlines the issues surrounding the debate over dangerous offenders. The author argues that there should be fairness in sentencing and that punishments should fit the crime. He assesses the principal issues affecting sentencing policies, and provides an in-depth argument for a model for deciding sentences. He is against the concept of selective incapacitation, fearing false positives and the unethical practice of sentencing persons for crimes not yet committed.
Download or read book Sentencing Multiple Crimes written by Jesper Ryberg and published by Oxford University Press. This book was released on 2017-10-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people assume that criminal offenders have only been convicted of a single crime. However, in reality almost half of offenders stand to be sentenced for more than one crime. The high proportion of multiple crime offenders poses a number of practical and theoretical challenges for the criminal justice system. For instance, how should courts punish multiple offenders relative to individuals who have been sentenced for a single crime? How should they be punished relative to each other? Sentencing Multiple Crimes discusses these questions from the perspective of several legal theories. This volume considers questions such as the proportionality of the crimes committed, the temporal span between the crimes, and the relationship between theories about the punitive treatment of recidivists and multiple offenders. Contributors from around the world and in the fields of legal theory, philosophy, and psychology offer their perspectives to the volume. A comprehensive examination of the dynamics involved with sentencing multiple offenders has the potential to be a powerful tool for legal scholars and professionals, particularly given the practical importance of the topic and the relative dearth of research about punishment of multiple offense cases.
Download or read book Sentencing Guidelines written by Andrew Ashworth and published by OUP Oxford. This book was released on 2013-07-18 with total page 1461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.
Download or read book Sentencing and Criminal Justice written by Andrew Ashworth and published by Cambridge University Press. This book was released on 2005-11-03 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing unrivalled coverage of one of the most high-profile stages in the criminal justice process, this book examines the key issues in sentencing policy and practice. It provides an up-to-date account of the legislation on sentencing together with the ever-increasing amount of Court of Appeal case law. The law in relation to elements of the wider criminal justice system is examined, including the prison and probation services. The aim of the book is to examine English sentencing law in its context, drawing not only upon legislation and the decisions of the courts but also upon the findings of research and on theoretical justifications for punishment. This new edition has been extensively revised to integrate the new laws introduced by the Criminal Justice Act 2003, which has brought sweeping reforms into English sentencing.
Download or read book Exploring Sentencing Practice in England and Wales written by J. Roberts and published by Springer. This book was released on 2015-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the theory and practice of sentencing in England and Wales, exploring issues such as the role of previous convictions, offender remorse and sentencing female offenders, as well as drawing upon a new and unique source of data from the Crown courts.
Download or read book Judicial Attitudes in Sentencing written by Edward Green and published by Praeger. This book was released on 1974 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Green offers readers a careful and sophisticated study of the sentencing policy of one of the criminal courts in Philadelphia. The author is aware of the danger of overlooking the norm-setting function of the criminal law and sets out in detail the criteria used in practice to determine the nature and severity of sentence. studied. The influence of extraneous considerations which suggested themselves in the preliminary investigation, such as biases in favor of youthful and female offenders and against colored offenders, were shown on intensive analysis to be the result of differences in the pattern of criminal behavior by the offenders rather than of hidden prejudices by the judges. Even differences in the apparent severity or leniency of particular judges tended to disappear on full investigation of the circumstances of the cases they decided.
Download or read book Federal Sentencing the Basics written by United States Sentencing Commission and published by . This book was released on 2019-08-27 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.
