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Previous Convictions at Sentencing - Theoretical and Applied Perspectives (Hardcover)
Loot Price: R3,398
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Previous Convictions at Sentencing - Theoretical and Applied Perspectives (Hardcover)
Series: Studies in Penal Theory and Penal Ethics
Expected to ship within 10 - 15 working days
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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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