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Paying for the Past - The Case Against Prior Record Sentence Enhancements (Hardcover)
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Paying for the Past - The Case Against Prior Record Sentence Enhancements (Hardcover)
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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.
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