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Previous Convictions at Sentencing

Previous Convictions at Sentencing Theoretical and Applied Perspectives

Author: Julian V Roberts; Andrew von Hirsch
Publisher: Hart Publishing
ISBN: 9781849466844
Published In: July 2014
Format: Paperback , 268 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Julian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College.
Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the University of Cambridge and an Honorary Fellow of Wolfson College.

This collection is welcome as it offers insights into the problems facing sentencers and penologists in taking past convictions into account
Susan Easton
Criminal Law Review
2011

The editors and contributors tackle a particularly thorny issue in this elegant 256-page text: Should an offender's previous convictions affect sentence?.. Professors Roberts and von Hirsch address with signal skill the question of just deserts and proportionality, the progressive loss of mitigation, the issues of first offender discounts.. and the question of deserved punishment when recidivism is demonstrated
Judge G. Renaud
Criminal law Quarterly
Volume 59

the experiences, developments and points of view in other countries, as described in this book, are very valuable to us
J.A.W. Lensing
Trema Straftoemetingsbulletin
Nr 1, 2011

In Previous Convictions at Sentencing Roberts and Von Hirsch have brought together a selection of leading thinkers to illuminate an aspect of punishment theory and practice that has largely remained in the shadows despite its obvious importance. An attractive feature of the book, in addition to the thoughtful and penetrating analyses that it contains, is the vigorous exchange of views that takes place between its covers. The editors have not shied away from including perspectives that are at odds with their own, or from revising and reformulating their views, or indeed from finding fault with each other's conclusions. This internal dialogue helps to expose where further critical inquiry would yield the greatest return.
Ian O'Donnell
Punishment & Society
2011