Guidance, Guidelines and Criminal Record (From Sentencing Reform - Guidance or Guidelines?, P 105-125, 1987, Martin Wasik and Ken Pease, eds. See NCJ-103986)

• NCJ Number: 103992
• Author(s): M Wasik
• Date Published: 1987
• Length: 21 pages
• Sale Source: Marcel Dekker, Inc
• Language: English
• Country: United Kingdom

Annotation

This paper examines factors potentially relevant in linking a defendant's previous record with the sentence for the current offense, with reference to the British sentencing context.

Abstract

Eight factors in prior criminal record are likely to be perceived by the sentencer as relevant to the current sentencing. They are the number of previous convictions, the similarity of previous offenses to the current offense, the frequency of reoffending, the seriousness of previous offenses, previous sentences, the length of time between previous offenses and the current offense, defendant's age at previous convictions, and previous record as allowing character inference. The emphasis given each of these factors depends on whether the sentencer or sentencing system intends to protect society from an habitual serious offender (prediction) or to assess culpability in the current offense in the context of prior offenses (just deserts). Some writers have argued that a strict just deserts theory does not permit the introduction of criminal history factors into sentencing, since the sentence must be tailored only to the severity of the current offense. Andrew von Hirsch, a proponent of the just deserts view, argues, however, that previous criminal history introduces culpability into the current offense, since the offender has persisted in criminal behavior after having been previously punished. Criminal history factors particularly relevant under this view are the number and similarity of previous convictions as well as the time between current and past offenses. 38 references.