Previous Convictions at Sentencing: Theoretical and Applied Perspectives

This latest volume in the Penal Theory and Penal Ethics series addresses one of the oldestquestions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? 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.

1 Proportionality and the Progressive Loss of Mitigation: Some Further Reflections Andrew von Hirsch 2 First-Offender Sentencing Discounts: Exploring the Justifi cations Julian V Roberts 3 Recidivism, Retributivism, and the Lapse Theory of Previous Convictions Jesper Ryberg 4 Repeat Offenders and the Question of Desert Youngjae Lee 5 `More to Apologise For': Can We Find a Basis for the Recidivist Premium in a Communicative Theory of Punishment? Chris Bennett 6 The Questionable Relevance of Previous Convictions to Punishments for Later Crimes Michael Tonry 7 Prior-conviction Sentencing Enhancements: Rationales and Limits Based on Retributive and Utilitarian Proportionality Principles and Social Equality Goals Richard S Frase 8 The Illusion of Proportionality: Desert and Repeat Offenders Kevin R Reitz 9 Dimensions of Criminal History: Refl ections on Theory and Practice Martin Wasik 10 The Role of Previous Convictions in England and Wales Estella Baker and Andrew Ashworth 11 Previous Convictions and Proportionate Punishment under Swedish Law Petter Asp 12 Assessing the Impact of a Recidivist Sentencing Premium on Crime and Recidivism Rates Lila Kazemian