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 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 North Carolina Sentencing Handbook with Felony Misdemeanor and DWI Sentencing Grids 2018 written by James M. Markham and published by Unc School of Government. This book was released on 2018-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a step-by-step guide to the sentencing of felonies, misdemeanors, and impaired driving in North Carolina. It includes the felony and misdemeanor sentencing grids that apply under Structured Sentencing and a table showing the different sentencing levels for DWI. The book also includes materials on diversion programs (deferred prosecution and conditional discharge), probation supervision, fines and fees, and sex offender registration.
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 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 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 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.
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 An Introduction to Federal Guideline Sentencing written by and published by . This book was released on 1991 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing Bench Book written by Judicial Commission of New South Wales and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains commentary on three key sentencing statutes, and on sentencing law for nine offence categories.
Download or read book Practice Under the Federal Sentencing Guidelines written by Debold and published by Wolters Kluwer. This book was released on with total page 3492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Exploring the Effects of Prior Record on Sentencing Decisions written by Jordan Tyler Zvonkovich and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior research has consistently found that, after offense seriousness, an offenders criminal record is generally the strongest predictor of sentencing outcomes. Sentencing guideline jurisdictions explicitly consider both factors in the recommended sentence for an average offender. Scholars have identified two underlying rationales pertaining to the use of criminal history at sentencing. Retributive theorists argue that criminal records provide important information relevant to offender culpability. In their view, recidivists deserve more severe punishments for their continued criminality despite the prior sanctioning. In contrast, utilitarian sentencing systems are oriented toward crime prevention. Based on the general idea of deterrence, an offenders criminal record serves as a proxy for risk of future offending. Jurisdictions are often silent on their purported rationale for utilizing criminal history. Prior literature has also demonstrated that beyond its guideline recommendation, criminal history frequently exerts an independent effect on sentencing decisions. This study has two explicit goals: (1) to examine for what offenders this independent effect is strongest, and for which decision, incarceration or sentence length, and (2) to explore if the composition of prior record dictates differences in sentence length. Using statewide Pennsylvania Commission on Sentencing data, this study analyzes offense severity-specific logistic and ordinary least squares regression models for the incarceration and sentence length decisions. Regarding the incarceration decision, findings suggest that the independent effect of prior record is statistically significant for low severity offenses. Additionally, findings suggest that this independent effect is conditioned by race. Black offenders are more likely than white offenders to receive incarceration sentences for defendants with a prior record score of zero. However, this racial difference is not significant at higher prior record score classifications. The results of the sentence length analysis suggest a more consistent independent effect of prior record. Prior record is a statistically significant predictor of the length of the sentence, beyond the sentencing guideline recommendation, for six of the twelve models. Similar to the incarceration analysis, findings suggest that this independent effect is conditioned by race. However, moderation by race is not consistent for all models. For very minor offenses (OGS 1 & 2), white offenders receive longer sentences at all prior record score classifications. Offenders convicted of somewhat more serious, but still relatively minor offenses (OGS 3-7), display a pattern similar to that of the incarceration analysis. Black offenders receive longer sentences relative to whites at lower prior record scores, but as prior record score increases the disparity is attenuated. For offenders convicted of more serious offenses (OGS 8 & 9), there appears to a statistically significant interaction, but the difference in sentence length is quite small. The second goal of this study is to analyze if the severity of the offenses represented in an offenders prior record score leads to longer sentences. There are many possible combinations of prior offenses that can lead to the same prior record score. For example, an offender with a prior record score of four may have one prior conviction (that counts for four points), or several minor offenses (which together total four points). Comparing like offenders, (i.e. those with the same prior record score), findings suggest that at lower OGS levels offenders with a greater overall quantity of past convictions receive longer sentences. However, at higher OGS levels offenders with serious convictions in their prior record receive longer sentences. The results are discussed in relation to an offense severity-specific attribution process.
Download or read book Wrongful Conviction and Criminal Justice Reform written by Marvin Zalman and published by Routledge. This book was released on 2013-10-30 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wrongful Conviction and Criminal Justice Reform is an important addition to the literature and teaching on innocence reform. This book delves into wrongful convictions studies but expands upon them by offering potential reforms that would alleviate the problem of wrongful convictions in the criminal justice system. Written to be accessible to students, Wrongful Conviction and Criminal Justice Reform is a main text for wrongful convictions courses or a secondary text for more general courses in criminal justice, political science, and law school innocence clinics.
Download or read book Fundamental Rights and Legal Consequences of Criminal Conviction written by Sonja Meijer and published by Bloomsbury Publishing. This book was released on 2019-06-27 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
