Previous Convictions At Sentencing

Author : Julian V Roberts
Publisher : Bloomsbury Publishing
ISBN 13 : 1782256067
Total Pages : 335 pages
Book Rating : 4.69/5 ( download)

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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.

Author : Richard S. Frase
Publisher : Oxford University Press, USA
ISBN 13 : 0190254009
Total Pages : 337 pages
Book Rating : 4.01/5 ( download)

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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.

Author : United States Sentencing Commission
Publisher :
ISBN 13 :
Total Pages : 556 pages
Book Rating : 4.34/5 ( download)

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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:

Author : James M. Markham
Publisher : Unc School of Government
ISBN 13 : 9781560119357
Total Pages : 0 pages
Book Rating : 4.57/5 ( download)

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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.

Author : Andreas von Hirsch
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902678
Total Pages : 206 pages
Book Rating : 4.75/5 ( download)

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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.

Author : Margaret Fitzgerald O'Reilly
Publisher : Springer
ISBN 13 : 1137596627
Total Pages : 300 pages
Book Rating : 4.28/5 ( download)

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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.

Author : Jesper Ryberg
Publisher : Oxford University Press
ISBN 13 : 0190607629
Total Pages : 289 pages
Book Rating : 4.23/5 ( download)

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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.

Author : United States Sentencing Commission
Publisher :
ISBN 13 : 9781688991422
Total Pages : 56 pages
Book Rating : 4.25/5 ( download)

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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.

Author : Andrew Von Hirsch
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.54/5 ( download)

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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.

Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.45/5 ( download)

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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: