This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldest and most contested questions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? 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 offence? 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, as befits a volume in the series, 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 and Wales, and Sweden) is also examined in detail.

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Yes, you can access Previous Convictions at Sentencing by Julian V Roberts, Andreas von Hirsch, Julian V Roberts,Andreas von Hirsch in PDF and/or ePUB format, as well as other popular books in Law & Sentencing. We have over one million books available in our catalogue for you to explore.

Information

Publisher

Year

Print ISBN

eBook ISBN

Edition

Topic

Law

Subtopic

Sentencing

Index

Law

Cover
Prelims
Acknowledgements
Preface
Contents
Contributing Authors
1 Proportionality and Progressive Loss of Mitigation: Further Reflections
2 First-Offender Sentencing Discounts: Exploring the Justifications
3 Recidivism, Retributivism and the Lapse Model of Previous Convictions
4 Repeat Offenders and the Question of Desert
5 ‘More to Apologise For’: Can a Basis for the Recidivist Premium Be Found within a Communicative Theory of Punishment?
6 The Questionable Relevance of Previous Convictions to Punishments for Later Crimes
7 Prior-conviction Sentencing Enhancements: Rationales and Limits Based on Retributive and Utilitarian Proportionality Principles and Social Equality Goals
8 The Illusion of Proportionality: Desert and Repeat Offenders
9 Dimensions of Criminal History: Reflections on Theory and Practice
10 The Role of Previous Convictions in England and Wales
11 Previous Convictions and Proportionate Punishment under Swedish Law
12 Assessing the Impact of a Recidivist Sentencing Premium on Crime and Recidivism Rates
Index

About this book

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Table of contents