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OverviewThis latest volume in the Penal Theory and Penal Ethics series addresses one of the oldest and most contested questions in the field of criminal sentencing: should an offender's previous convictions affect the sentence? 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 offence? 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, as befits a volume in the series, 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 and Wales, and Sweden) is also examined in detail. Full Product DetailsAuthor: Julian V Roberts (University of Oxford, UK) , Andreas von Hirsch (University of Cambridge, UK (Emeritus)) , Andrew Ashworth, QC , Petter AspPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Volume: 4 Dimensions: Width: 15.60cm , Height: 2.10cm , Length: 23.40cm Weight: 0.560kg ISBN: 9781849460422ISBN 10: 1849460426 Pages: 268 Publication Date: 12 July 2010 Audience: College/higher education , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: Manufactured on demand ![]() We will order this item for you from a manufactured on demand supplier. Table of Contents1 Proportionality and the Progressive Loss of Mitigation: Some Further Reflections Andrew von Hirsch 2 First-Offender Sentencing Discounts: Exploring the Justifications 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: Reflections on Theory and Practice Martin Wasik 10 The Role of Previous Convictions in England and Wales Estella Baker and Andrew Ashworth x Contents 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 IndexReviewsthe experiences, developments and points of view in other countries, as described in this book, are very valuable to us J.A.W. Lensing Trema Straftoemetingsbulletin Nr 1, 2011 In Previous Convictions at Sentencing Roberts and Von Hirsch have brought together a selection of leading thinkers to illuminate an aspect of punishment theory and practice that has largely remained in the shadows despite its obvious importance. An attractive feature of the book, in addition to the thoughtful and penetrating analyses that it contains, is the vigorous exchange of views that takes place between its covers. The editors have not shied away from including perspectives that are at odds with their own, or from revising and reformulating their views, or indeed from finding fault with each other's conclusions. This internal dialogue helps to expose where further critical inquiry would yield the greatest return. Ian O'Donnell Punishment & Society 2011 In Previous Convictions at Sentencing Roberts and Von Hirsch have brought together a selection of leading thinkers to illuminate an aspect of punishment theory and practice that has largely remained in the shadows despite its obvious importance. An attractive feature of the book, in addition to the thoughtful and penetrating analyses that it contains, is the vigorous exchange of views that takes place between its covers. The editors have not shied away from including perspectives that are at odds with their own, or from revising and reformulating their views, or indeed from finding fault with each other's conclusions. This internal dialogue helps to expose where further critical inquiry would yield the greatest return. Ian O'Donnell Punishment & Society 2011 the experiences, developments and points of view in other countries, as described in this book, are very valuable to usJ.A.W. LensingTrema StraftoemetingsbulletinNr 1, 2011In Previous Convictions at Sentencing Roberts and Von Hirsch have brought together a selection of leading thinkers to illuminate an aspect of punishment theory and practice that has largely remained in the shadows despite its obvious importance. An attractive feature of the book, in addition to the thoughtful and penetrating analyses that it contains, is the vigorous exchange of views that takes place between its covers. The editors have not shied away from including perspectives that are at odds with their own, or from revising and reformulating their views, or indeed from finding fault with each other's conclusions. This internal dialogue helps to expose where further critical inquiry would yield the greatest return.Ian O'DonnellPunishment & Society2011 Author InformationJulian Roberts is Professor of Criminology at the University of Oxford and a Fellow of Worcester College. Andrew von Hirsch is Honorary Professor of Penal Theory and Penal Law at the University of Cambridge and an Honorary Fellow of Wolfson College. Tab Content 6Author Website:Countries AvailableAll regions |