Jump to ContentJump to Main Navigation

You are looking at 1-20 of 26 items

  • Keywords: criminal history x
Clear All Modify Search

View:

The Problem of Enhancements for Prior or Multiple Current Convictions

Richard S. Frase

in Just Sentencing: Principles and Procedures for a Workable System

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199757862
eISBN:
9780199979547
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199757862.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines one of the most difficult and important problems of sentencing theory and practice—sentencing enhancements based on prior or multiple current convictions. It first refutes ... More


The Effects of Prior Convictions on Sentence Severity

Richard S. Frase, Julian V. Roberts, and Rhys Hester

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0006
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter explores the degree to which a higher criminal history score increases the severity of recommended and imposed sentences in U.S. guidelines systems. The impact of criminal history on ... More


Prior Record and the Risk of Recidivism

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0003
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

It is generally assumed that prior convictions provide a useful proxy for the offender’s risk of committing further crimes, and as a general proposition that assumption is well supported by research. ... More


Disproportionate Impacts on Minority Offenders

Richard S. Frase, Julian V. Roberts, and Rhys Hester

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0008
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

Sentencing enhancements based on the offender’s prior conviction record are a major contributor to racial disproportionalities in prison populations, since racial minorities tend to have more ... More


Problematic Components Found in Many Criminal History Formulas

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0011
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

The focus of this chapter is on five components of criminal history scores that lack strong justification from the perspective of recidivism risk, retribution, or both rationales. These components ... More


Effectof Employer Access to Criminal History Data on the Labor Market Outcomes of Ex-Offenders and Non-Offenders

Keith Finlay

in Studies of Labor Market Intermediation

Published in print:
2009
Published Online:
February 2013
ISBN:
9780226032887
eISBN:
9780226032900
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226032900.003.0004
Subject:
Economics and Finance, Econometrics

This chapter examines how expanded employer access to criminal history data influences the labor market outcomes of ex-offenders and nonoffenders. The research design used in this chapter is similar ... More


Role of Previous Convictions: Representative Sentencing Frameworks

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter reviews some of the different ways in which criminal history information influences sentencing decisions. Particular attention is paid to England and Wales since this jurisdiction has ... More


Introduction: Prior Record Sentencing Enhancements in Context

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0001
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter provides an overview of the book, including the following major topics: why this neglected topic is so important; the ubiquity of prior record enhancement in modern sentencing systems, ... More


What Other Factors Indicate High or Low Recidivism Risk?

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0004
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

If prior record enhancements are justified as a way to manage offender risk, policymakers need to consider other, non-record risk factors that may improve risk-prediction accuracy. This chapter ... More


Adverse Impacts on Offense-Based Proportionality and Prison-Use Priorities

Richard S. Frase, Julian V. Roberts, and Rhys Hester

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0007
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter shows how powerful criminal history enhancements undermine important goals of guidelines reforms. First, these enhancements undermine the goal of making punishment severity proportional ... More


Impacts of Criminal History Enhancements on Prison Bed Needs and Costs

Richard S. Frase, Julian V. Roberts, and Rhys Hester

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0009
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter shows how sentencing data can be used to quantify the substantial fiscal impacts of high-magnitude criminal history enhancements, overall and with respect to the problematic aspects of ... More


Writing More Inclusive Histories of International Criminal Law: Lessons from the Slave Trade and Slavery

Emily Haslam

in The New Histories of International Criminal Law: Retrials

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198829638
eISBN:
9780191868153
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198829638.003.0008
Subject:
Law, Criminal Law and Criminology

Historical master-narratives of international criminal law rest on a series of exclusions. Although there is growing recognition of the need to develop more inclusive histories of international ... More


The Model Regime

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0012
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter outlines a model regime of prior record enhancement (PRE), designed to promote more rational, parsimonious, and humane sentences. It provides general principles and specific rules ... More


Explaining Public Attitudes: The Intuitive Sentencer and the Intuitive Psychologist

Roberts Julian V

in Punishing Persistent Offenders: Exploring Community and Offender Perspectives

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199283897
eISBN:
9780191700262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283897.003.0009
Subject:
Law, Criminal Law and Criminology

Establishing that the public reject a policy which excludes consideration of an offender's previous convictions at sentencing is insufficient; we need to better understand the psychology and ... More


The Long Arm of the Law: Look-Back Provisions

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0010
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the question of whether and when prior convictions from many years past should no longer be considered at sentencing. The chapter first surveys the varying “look-back” and ... More


Sentencing Disparity and Mass Incarceration

Rhys Hester

in A System of Pleas: Social Sciences Contributions to the Real Legal System

Published in print:
2019
Published Online:
March 2019
ISBN:
9780190689247
eISBN:
9780190689278
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190689247.003.0009
Subject:
Psychology, Forensic Psychology

This chapter examines how the system of pleas impacts two areas that receive special attention in criminal justice: (1) sentencing disparities and (2) mass incarceration. The first section discusses ... More


Introduction: Grounding Criminal Law: Foundational Texts in Comparative-Historical Perspective

Markus D Dubber

in Foundational Texts in Modern Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199673612
eISBN:
9780191751745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199673612.003.0001
Subject:
Law, Criminal Law and Criminology, Legal History

This introduction lays out the book’s animating idea: to contribute to the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and, at the same ... More


The Birth of the New Justice: The Internationalization of Crime and Punishment, 1919-1950

Mark Lewis

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199660285
eISBN:
9780191757716
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660285.001.0001
Subject:
History, European Modern History, Political History

The Birth of the New Justice explains the history of plans for ad hoc and permanent international criminal courts and new international criminal laws to repress aggressive war, war ... More


Are Record-Based Enhancements a Cost-Effective and Fair Way to Reduce Crime?

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0005
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

Even if a guidelines criminal history score, other prior record formula, or some combination of record and non-record factors accurately reflects the offender’s recidivism risk, sentence enhancements ... More


Retributivist Perspectives on an Offender’s Criminal or Crime-Free Past

Richard S. Frase and Julian V. Roberts

in Paying for the Past: The Case Against Prior Record Sentence Enhancements

Published in print:
2019
Published Online:
August 2019
ISBN:
9780190254001
eISBN:
9780190254025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190254001.003.0002
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

Proponents of retribution (Just Deserts) as a punishment rationale sharply disagree about whether repeat offenders are more culpable for a new offense, in comparison to offenders with little or no ... More


View: