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Punishing Persistant Offenders

Punishing Persistant Offenders Exploring Community and Offender Perspectives

Author: Julian V. Roberts
Publisher: Oxford University Press
ISBN: 9780199283897
Published In: February 2008
Format: Hardback , 304 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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.

Readership: Scholars or criminology and criminal justice, and practitioners or judges with an interest in crime and sentencing, and in the public perception of crime and punishment.

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

Julian V. Roberts, Professor of Criminology, University of Oxford