This book addresses one of the oldest and most contested questions in the field of criminal sentencing: Should an offender's previous convictions affect the sentence, and how? As well, 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 offense? 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 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/Wales and Sweden - is also examined in detail. This book is invaluable reading for members of the criminal bar and academics who teach the law of evidence.

Product Description: This book is about the principle of proportionality--the principle that a sentence should be proportionate to the seriousness of the offense committed. Although the principle has often been discussed, this book breaks new ground by examining more fully the detailed arguments for the theory and for applying it to a range of situations including young offenders, dangerous offenders and socially deprived offenders...read more

Product Description: The Institute of Criminology at the University of Cambridge recently undertook a comprehensive study of the literature on criminal deterrence, concentrating on recent research. The result, published in this book, examines the popular claim that deterrence works...read more

Product Description: This new edition offers students of law, legal philosophy, and criminology a selection of the best available readings on the moral and philosophical issues in sentencing theory. All chapters have been revised brought up-to-date. (view table of contents, read Amazon.com's description)

Product Description: This anthology of essays and documents on criminal sentencing in both the American and British legal systems reflects major current ideas about sentencing theory and policy. The book contains seven chapters, each with an introduction by one of the volume editors and a bibliography of suggested further readings...read more