
Introduction: Prior Record Sentencing Enhancements In Context -- Retributive Perspectives On An Offender's Criminal Or Crime-free Past -- Prior Record And The Risk Of Recidivism -- What Other Factors Indicate High Or Low Recidivism Risk? -- Are Record-based Enhancements A Cost-effective And Fair Way To Reduce Crime? -- The Effects Of Prior Convictions On Sentence Severity / Co-author Rhys Hester -- Adverse Impacts On Offense-based Proportionality And Prison-use Priorities / Co-author Rhys Hester -- Disproportionate Impacts On Minority Offenders / Co-author Rhys Hester -- Impacts Of Criminal History Enhancements On Prison Bed Needs And Costs / Co-author Rhys Hester -- The Long Arm Of The Law: Look-back Provisions -- Problematic Components Found In Many Criminal History Formulas -- The Model Regime -- Appendix A: Representative Criminal History Provisions In U.s. Guidelines -- Appendix B: Representative Provisions From Other Common Law Systems -- Appendix C: Some Offender Groups That May Require Special Treatment. Richard S. Frase And Julian V. Roberts. Includes Bibliographical References And Index.
This book investigates whether the widespread practice of using prior criminal records to enhance current sentencing is a fair, effective, or proportional method of punishment. Richard S. Frase, a distinguished professor of criminal law, utilizes a combination of legal analysis, statistical data on recidivism, and comparative policy studies to challenge the prevailing reliance on criminal history in sentencing guidelines. He argues that these enhancements often undermine the principle of proportionality and exacerbate systemic disparities within the justice system.
What You Will Find
Scope Limits
Legal scholars and policy analysts frequently cite this work as a critical examination of sentencing policy and the unintended consequences of habitual offender statutes. Experts highlight the text as a foundational resource for understanding the tension between recidivism prevention and proportional sentencing.
Page Count:
0
Publication Date:
1900-01-01
Publisher:
Oxford University Press,
ISBN-10:
0190254025
ISBN-13:
9780190254025
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