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| Author | : Richard S. Frase |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 337 |
| Release | : 2019-08 |
| Genre | : Law |
| ISBN | : 0190254009 |
Download Paying for the Past Book in PDF, ePub and Kindle
All modern sentencing systems, in the US and beyond, consider the offender's prior record to be an important determinant of the form and severity of punishment for subsequent offences. Repeat offenders receive harsher punishments than first offenders, and offenders with longer criminal records are punished more severely than those with shorter records. Yet the vast literature on sentencing policy, law, and practice has generally overlooked the issue of prior convictions, even though this is the most important sentencing factor after the seriousness of the crime. In Paying for the Past, Richard S. Frase and Julian V. Roberts provide a critical and systematic examination of current prior record enhancements under sentencing guidelines across the US. Drawing on empirical data and analyses of guidelines from a number of jurisdictions, they illustrate different approaches to prior record enhancements and the differing outcomes of those approaches. Roberts and Frase demonstrate that most prior record enhancements generate a range of adverse outcomes at sentencing. Further, the pervasive justifications for prior record enhancement, such as the repeat offender's assumed higher risk of reoffending or greater culpability, are uncertain and have rarely been subjected to critical appraisal. The punitive sentencing premiums for repeat offenders prescribed by US guidelines cannot be justified on grounds of prevention or retribution. Shining a light on a neglected but critically important topic, Paying for the Past examines the costs of prior record enhancements for repeat offenders and offers model guidelines to help reduce racial disparities and reallocate criminal justice resources for jurisdictions who use sentence enhancements.
| Author | : United States Sentencing Commission |
| Publisher | : |
| Total Pages | : 68 |
| Release | : 1988-10 |
| Genre | : Sentences (Criminal procedure) |
| ISBN | : |
Download Guidelines Manual Book in PDF, ePub and Kindle
| Author | : Traci Burch |
| Publisher | : University of Chicago Press |
| Total Pages | : 266 |
| Release | : 2013-08-21 |
| Genre | : Political Science |
| ISBN | : 022606509X |
Download Trading Democracy for Justice Book in PDF, ePub and Kindle
The United States imprisons far more people, total and per capita, and at a higher rate than any other country in the world. Among the more than 1.5 million Americans currently incarcerated, minorities and the poor are disproportionately represented. What’s more, they tend to come from just a few of the most disadvantaged neighborhoods in the country. While the political costs of this phenomenon remain poorly understood, it’s become increasingly clear that the effects of this mass incarceration are much more pervasive than previously thought, extending beyond those imprisoned to the neighbors, family, and friends left behind. For Trading Democracy for Justice, Traci Burch has drawn on data from neighborhoods with imprisonment rates up to fourteen times the national average to chart demographic features that include information about imprisonment, probation, and parole, as well as voter turnout and volunteerism. She presents powerful evidence that living in a high-imprisonment neighborhood significantly decreases political participation. Similarly, people living in these neighborhoods are less likely to engage with their communities through volunteer work. What results is the demobilization of entire neighborhoods and the creation of vast inequalities—even among those not directly affected by the criminal justice system. The first book to demonstrate the ways in which the institutional effects of imprisonment undermine already disadvantaged communities, Trading Democracy for Justice speaks to issues at the heart of democracy.
| Author | : Julian V Roberts |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 335 |
| Release | : 2014-10-01 |
| Genre | : Law |
| ISBN | : 1782256067 |
Download Previous Convictions at Sentencing Book in PDF, ePub and Kindle
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.
| Author | : Lia Matera |
| Publisher | : Fawcett |
| Total Pages | : 212 |
| Release | : 1992 |
| Genre | : Fiction |
| ISBN | : 9780345374455 |
Download Prior Convictions Book in PDF, ePub and Kindle
Willa Jansson is a cynical ex-radical who worked in an L.A. corporate law firm for a year and has the scars to prove it. Back home in San Francisco, her still activist parents ask her to do a favor for an ex-boyfriend's new girlfriend. And she quickly becomes embroiled in a case of conflicting interests, slow-dying passions, and political grudges that can kill....
| Author | : The City Law School |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 367 |
| Release | : 2014-08-28 |
| Genre | : Law |
| ISBN | : 0198714408 |
Download Criminal Litigation and Sentencing Book in PDF, ePub and Kindle
Criminal Litigation & Sentencing gives the reader a detailed understanding of the key laws, rules, and procedures underpinning the criminal justice system from arrest and charge of a suspect, to trial, sentencing, and appeal. Prosecution cases in the magistrates', Crown, youth, and appellant courts are each fully covered.
| Author | : Brandon L. Garrett |
| Publisher | : Harvard University Press |
| Total Pages | : 376 |
| Release | : 2011-08-04 |
| Genre | : Art |
| ISBN | : 0674060989 |
Download Convicting the Innocent Book in PDF, ePub and Kindle
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
| Author | : James B. Jacobs |
| Publisher | : Harvard University Press |
| Total Pages | : 412 |
| Release | : 2015-02-09 |
| Genre | : Social Science |
| ISBN | : 067496716X |
Download The Eternal Criminal Record Book in PDF, ePub and Kindle
For 60 million Americans a criminal record overshadows everything else about their identity. Citizens have a right to know when someone around them represents a threat. But convicted persons have rights too. James Jacobs examines the problem of erroneous records and proposes ways to eliminate discrimination for those who have been rehabilitated.
| Author | : Margaret Fitzgerald O'Reilly |
| Publisher | : Springer |
| Total Pages | : 300 |
| Release | : 2018-11-23 |
| Genre | : Social Science |
| ISBN | : 1137596627 |
Download Uses and Consequences of a Criminal Conviction Book in PDF, ePub and Kindle
This book examines the increasing retention and use of previous criminal record information, within and beyond the criminal justice system. There remains a misconception that once an offender has served the penalty for an offence, his or her dealings with the law and legal system in relation to that offence is at an end. This book demonstrates that in fact the criminal record lingers and permeates facets of the person's life far beyond the de jure sentence. Criminal records are relied upon by key decision makers at all stages of the formal criminal process, from the police to the judiciary. Convictions can affect areas of policing, bail, trial procedure and sentencing, which the author discusses. Furthermore, with the increasing intensifying of surveillance techniques in the interests of security, ex-offenders are monitored more closely post release and these provisions are explored here. Even beyond the formal criminal justice system, individuals can continue to experience many collateral consequences of a conviction whereby access to employment, travel and licenses (among other areas of social activity) can be limited as a consequence of disclosure requirements. Overall, this book examines the perpetual nature of criminal convictions through the evolution of criminal record use, focussing on the Irish perspective, and also considers the impact from a broader international perspective.
| Author | : United States Sentencing Commission |
| Publisher | : Government Printing Office |
| Total Pages | : 44 |
| Release | : 2017-04-12 |
| Genre | : Law |
| ISBN | : 9780160938573 |
Download The Past Predicts The Future: Criminal History and Recidivism of Federal Offenders Book in PDF, ePub and Kindle
The focus of this report is the 25,431 U.S. citizen federal offenders released from prison or placed on probation in calendar year 2005. Recidivism refers to a person's relapse into criminal behavior, often after the person receives sanctions or undergoes interventions for a previous crime. Recidivism is typically measured by criminal acts that resulted in the re-arrest, re-conviction, and/or re-incarceration of the offender over a specified period of time. Recent developments, particularly public attention to the size of the federal prison population and the cost of incarceration have refocused the Commission's interest on the recidivism of federal offenders. This report takes into account chapters four and two of the Guidelines Manual (ISBN: 9780160934896) in establishing the Commission's methods for evaluation. Scoring points for evaluation of the study group, and criminal history category identification. The Appendix comprised of tables and figures section offers the Study group's offender race, median age, re-conviction rates, re-incarceration rates, offenses categories, and more. Related products: United States Sentencing Commission Guidelines Manual 2016 is available here: https://bookstore.gpo.gov/products/sku/052-070-07703-4 Alternative Sentencing in the Federal Criminal Justice System is available here: https://bookstore.gpo.gov/products/sku/052-070-07686-1?ctid=1103 Federal Probation: A Journal of Correctional Philosophy and Practice print subscription available here: https://bookstore.gpo.gov/products/sku/727-001-00000-0?ctid= Take Charge of Your Future: Get the Education and Training You Need can be found here: https://bookstore.gpo.gov/products/sku/065-000-01446-7 Federal Rules of Criminal Procedure, December 1, 2016 is available here: https://bookstore.gpo.gov/products/federal-rules-criminal-procedure-2016
