Paying for the Past : the Case Against Prior Record Sentence Enhancements.
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Paying for the Past : the Case Against Prior Record Sentence Enhancements.

Paying for the Past examines the neglected but critically important topic of sentence enhancements based on prior convictions in the United States. Most sentenced offenders have a prior record, and in many cases that record carries more weight at sentencing than the new crime being punished. Drawing...

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Bibliographic Details
Main Author: Roberts, Julian V.
Corporate Author: Oxford Scholarship Online
Other Authors: Frase, Richard S.
Format: Online Book
Language:English
Published: Oxford : Oxford University Press USA - OSO, 2019.
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Access:Online version
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Table of Contents:
  • Cover; Paying for thePast; Copyright; Summary of Contents; Contents; Preface; Acknowledgments; Introduction: Prior Record Sentencing Enhancements in Context; A. Varieties of Prior Record Enhancement (PRE); B. Justifying Criminal History Enhancements at Sentencing: Risk or Retribution?; C. Validation of Criminal History Enhancements; D. Negative Consequences of Substantial Prior Record Sentence Enhancements; E. Plan of the Volume; 1. Retributivist Perspectives on an Offender's Criminal or Crime-​Free Past
  • A. Elements of Retributive Theory Generally, and Its Relation to Prior Record EnhancementsB. The Exclusionary Model; C. Theories Justifying Sentence Mitigation for Offenders with No Priors, or Only aFew; D. Theories Justifying Sentence Aggravation due to Prior Convictions; 2. Prior Record and the Risk of Recidivism; A. Criminal History and Recidivism Risk: A Critical Policy Issue That Is Ripe for Review; B. How Guidelines Criminal History Rules Have Incorporated Risk Factors; C. Research on Criminal History as a Predictor of Re-​offending
  • D. Fit between Increments in Recidivism Risk and Increments in Guidelines Prison TermsE. The Importance of Giving Judges Power to Individualize Prior Record Enhancements; F. The Critical Need for Further Research; 3. What Other Factors Indicate High or Low Recidivism Risk?; A. Non-​criminal-​history Risk Factors and Assessments Found in Existing Guidelines Systems; B. Risk Factors Recognized in Criminological Research but Not in Most Guidelines; C. Factors Included in Risk Assessment Instruments; D. Recommendations for Further Research and Sentencing Policy Change
  • 4. Are Record-​Based Enhancements a Cost-​Effective and Fair Way to Reduce Crime?A. Crime-​Preventive Benefits of Increased Sentence Severity; B. Ethical Objections and Legal Barriers to Risk-​Based Sentence Enhancements; 5. The Effects of Prior Convictions on Sentence Severity (Co-​author: Rhys Hester); A. Measuring the Impact of Criminal History Scores on Sentence Severity; B. Aspects of Criminal History Formulas That Generate High Criminal History Scores; C. Our Reform Proposals; 6. Adverse Impacts on Offense-​Based Proportionality and Prison-​Use Priorities (Co-​author: Rhys Hester)
  • A. Decreasing the Proportionality of Sentence Severity Relative to Offense SeverityB. Undercutting the Goal of Reserving Prison Beds for Offenders Committing Violent Crimes; C. Sending More Aging and Other Low-​Risk Offenders to Prison; D. Our Proposals; 7. Disproportionate Impacts on Minority Offenders (Co-​author: Rhys Hester); A. The Problem of Disproportionate Minority Confinement; B. How Criminal History Enhancements Contribute to Prison Racial Disproportionality; C. Our Proposals; 8. Impacts of Criminal History Enhancements on Prison Bed Needs and Costs (Co-​author: Rhys Hester)