Despite very diverse approaches towards punishing crime, all Western jurisdictions punish repeat offenders more harshly (a practice known as the recidivist sentencing premium) . For many repeat offenders, their previous convictions have more impact on the penalty they receive than the seriousness of their current crime. Why do we punish recidivists more harshly? Some sentencing theorists argue that offenders should be punished only for the crimes they commit - not for the crimes committed and paid for in the past. From this perspective, punishing repeat offenders more severely amounts to double punishment. Having been punished once for an offence, the recidivist will pay for the crime again every time he re-offends. Is this fair?
This volume explores the nature and consequences of the recidivist sentencing premium on both the theoretical and empirical levels. It begins by exploring the justifications for treating repeat offenders more harshly, and then provides examples of the practice from a number of jurisdictions including England and Wales, Canada, and the United States. Particular attention is paid to the views of two important groups: convicted offenders and the general public. If offenders believe that the recidivist sentencing premium is unjustified, they are less likely to accept the legitimacy of the justice system. As for members of the public, it is important to know whether this key element of the sentencing process is consistent with community views.
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For many repeat offenders, previous convictions have more impact on their penalty than the seriousness of their current crime. Why do we punish reoffense more harshly? Should offenders be punished only for crimes they commit and not for crimes committed and paid for in the past? How does this practice affect the views of offenders and the public?
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1. Paying for the Past: The Recidivist Premium ; 2. Reductivist Sentencing Perspectives and the role of previous convictions ; 3. Retributive Approaches to Previous Convictions ; 4. The Enhanced Culpability Model ; 5. Role of Previous Convictions: Representative Sentencing Frameworks ; 6. The view from the dock: Perceptions of sentenced officers ; 7. Sentenced Individuals Reactions to the Recidivist Sentencing Premium ; 8. The Individuals' Reactions to the Recidivist Sentencing Premium ; 9. The Intuitive Sentencer: Public Attitudes to Prior Offending ; 10. Explaining Public Attitudes: The Intuitive Sentencer and the Intuitive Psychologist ; Appendices
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The first work to examine both the theory and empirical evidence surrounding the nature and consequences of sentencing repeat offenders more harshly
Explores sentencing policy in a variety of jurisdictions including England and Wales, Canada, and the United States
Presents new research into the attitudes to punishment of both offenders and the general public
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Julian Roberts is Professor of Criminology at the University of Oxford and has been conducting research in the area of sentencing since 1983. In the 1980s he worked for a Royal Commission on Sentencing and he has been teaching sentencing to students, criminal justice professionals and judges ever since. Roberts' other principal area of research is public attitudes to criminal justice, including sentencing. He is the Editor of the European Journal of Criminology and
Associate Editor of the Canadian Journal of Criminology and Criminal Justice.
Les mer
The first work to examine both the theory and empirical evidence surrounding the nature and consequences of sentencing repeat offenders more harshly
Explores sentencing policy in a variety of jurisdictions including England and Wales, Canada, and the United States
Presents new research into the attitudes to punishment of both offenders and the general public
Les mer
Produktdetaljer
ISBN
9780199283897
Publisert
2008
Utgiver
Vendor
Oxford University Press
Vekt
503 gr
Høyde
222 mm
Bredde
144 mm
Dybde
21 mm
Aldersnivå
G, UU, UP, 01, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
298
Forfatter