Previous Convictions
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Previous Convictions At Sentencing
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Author : Julian V Roberts
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-10-01
Previous Convictions At Sentencing written by Julian V Roberts and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-01 with Law categories.
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.
Uses And Consequences Of A Criminal Conviction
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Author : Margaret Fitzgerald O'Reilly
language : en
Publisher: Springer
Release Date : 2018-11-23
Uses And Consequences Of A Criminal Conviction written by Margaret Fitzgerald O'Reilly and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-23 with Social Science categories.
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.
Paying For The Past
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Author : Richard S. Frase
language : en
Publisher: Oxford University Press, USA
Release Date : 2019-08
Paying For The Past written by Richard S. Frase and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08 with Law categories.
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.
Fundamental Rights And Legal Consequences Of Criminal Conviction
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Author : Sonja Meijer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-06-27
Fundamental Rights And Legal Consequences Of Criminal Conviction written by Sonja Meijer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Law categories.
The legal position of convicted offenders is complex, as are the social consequences that can result from a criminal conviction. After they have served their sentences, custodial or not, convicted offenders often continue to be subject to numerous restrictions, in many cases indefinitely, due to their criminal conviction. In short, criminal convictions can have adverse legal consequences that may affect convicted offenders in several aspects of their lives. In turn, these legal consequences can have broader social consequences. Legal consequences are often not formally part of the criminal law, but are regulated by different areas of law, such as administrative law, constitutional law, labour law, civil law, and immigration law. For this reason, they are often obscured from judges as well as from defendants and their legal representatives in the courtroom. The breadth, severity and longevity and often hidden nature of these restrictions raises the question of whether offenders' fundamental rights are sufficiently protected. This book explores the nature and extent of the legal consequences of criminal convictions in Europe, Australia and the USA. It addresses the following questions: What legal consequences can a criminal conviction have? How do these consequences affect convicted offenders? And how can and should these consequences be limited by law?
Previous Convictions And Criminal Record
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Author : Mimi Kamariah Abdul Majid (Dato')
language : en
Publisher:
Release Date : 1998
Previous Convictions And Criminal Record written by Mimi Kamariah Abdul Majid (Dato') and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Criminal records categories.
Previous Convictions Sentence And Reconviction
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Author : Great Britain. Home Office
language : en
Publisher:
Release Date : 1979
Previous Convictions Sentence And Reconviction written by Great Britain. Home Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with categories.
Previous Convictions
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Author : A.A. Gill
language : en
Publisher: Hachette UK
Release Date : 2010-10-07
Previous Convictions written by A.A. Gill and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-07 with Travel categories.
The second collection of travel writing (and other essays) by Britain's funniest and most feared critic. A.A. Gill is probably the most read columnist in Britain. Every weekend he entertains readers of the Sunday Times with his biting observations on television and his unsparing, deeply knowledgeable restaurant reviews. Even those who want to hate him agree: A. A. Gill is hopelessly, painfully funny. He is one of a tiny band of must-read journalists and it is always a disappointment when the words 'A. A. Gill is Away' appear at the foot of his column. This second book is a further collection of those absences; 22 travel pieces and essays on other subjects that belie his reputation as a mere style journalist and master of vitriol. This is writing of the highest quality and ambition.
Explaining Criminal Careers
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Author : John F. MacLeod
language : en
Publisher: Oxford University Press
Release Date : 2012-08-23
Explaining Criminal Careers written by John F. MacLeod and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-23 with Law categories.
This is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Explaining Criminal Careers presents a simple but influential theory of crime, conviction and reconviction. The assumptions of the theory are derived directly from a detailed analysis of cohort samples extracted from the Home Office Offenders Index - a unique database which contains records of all criminal (standard list) convictions in England and Wales since 1963. In particular, the theory explains the well-known Age/Crime curve. Based on the idea that there are only three types of offenders, who commit crimes at either high or low (constant) rates and have either a high or low (constant) risk of reoffending, this simple theory makes exact quantitative predictions about criminal careers and age-crime curves. Purely from the birth-rate over the second part of the 20th century, the theory accurately predicts (to within 2%) the prison population contingent on a given sentencing policy. The theory also suggests that increasing the probability of conviction after each offence is the most effective way of reducing crime, although there is a role for treatment programmes for some offenders. The authors indicate that crime is influenced by the operation of the Criminal Justice System and that offenders do not 'grow out' of crime as commonly supposed; they are persuaded to stop or decide to stop after (repeated) convictions, with a certain fraction of offenders desisting after each conviction. Simply imprisoning offenders will not reduce crime either by individual deterrence or by incapacitation. With comprehensive explanations of the formulae used and complete mathematical appendices allowing for individual interpretations and further development of the theory, Explaining Criminal Careers represents an innovative and meticulous investigation into criminal activity and the influences behind it. With clear policy implications and a wealth of original and significant discussions, this book marks a ground-breaking chapter in the criminological debate surrounding criminal careers.
Deserved Criminal Sentences
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Author : Andreas von Hirsch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-09
Deserved Criminal Sentences written by Andreas von Hirsch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.
This book provides an accessible and systematic restatement of the desert model for criminal sentencing by one of its leading academic exponents. The desert model emphasises the degree of seriousness of the offender's crime in deciding the severity of his punishment, and has become increasingly influential in recent penal practice and scholarly debate. It explains why sentences should be based principally on crime-seriousness, and addresses, among other topics, how a desert-based penalty scheme can be constructed; how to gauge punishments' seriousness and penalties' severity; what weight should be given to an offender's previous convictions; how non-custodial sentences should be scaled; and what leeway there might be for taking other factors into account, such as an offender's need for treatment. The volume will be of interest to all those working in penal theory and practice, criminal sentencing and the criminal law more generally.
Previous Convictions
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Author : Cyril Connolly
language : en
Publisher:
Release Date : 1963
Previous Convictions written by Cyril Connolly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1963 with Books categories.