| Description |
1 online resource (337 pages) |
| 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 |
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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 |
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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 |
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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) |
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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) |
| Summary |
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 on empirical data and rules from a number of jurisdictions, Richard S. Frase and Julian V. Roberts assess the use of prior record enhancements, their justification, and how they contribute to racial disparities and mass incarceration |
| Notes |
A. Total Fiscal Impacts due to Increased Prison Commitments and Longer Prison Terms |
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Print version record |
| Subject |
Sentences (Criminal procedure) -- Social aspects -- United States
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Recidivists -- Legal status, laws, etc. -- United States
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Recidivists -- Legal status, laws, etc.
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Sentences (Criminal procedure) -- Social aspects
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United States
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| Form |
Electronic book
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| Author |
Frase, Richard S
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| ISBN |
9780190254018 |
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0190254017 |
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