Criminal Justice in Canada: : A Reader, Second Edition

Roberts, Julian V.

Harcourt Brace, Canada

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.

Paying for the Past: The Case Against Prior Record Sentence Enhancements

Politics & Social Sciences

Frase, Richard S.

Social Sciences

Oxford University Press

Although criminal justice systems vary greatly around the world, one theme has emerged in all western jurisdictions in recent years: a rise in both the rhetoric and practice of severe punishment at a time when public opinion has played a pivotal role in sentencing policy and reforms. Despite the differences among jurisdictions, startling commonalities exist among the five countries-the U.K., USA, Canada, Australia, and New Zealand--surveyed here. Drawing on the results of representative opinion surveys and other research tools the authors map public attitudes towards crime and punishment across countries and explore the congruence between public views and actual policies. Co-authored by four distinguished sentencing policy experts, Penal Populism and Public Opinion is a clarion call for limiting the influence of penal populism and instituting more informed, research- based sentencing policies across the western world.

Penal Populism and Public Opinion: Lessons from Five Countries (Studies in Crime and Public Policy)

Literature & Fiction

Stalans, Loretta J.

Indermaur, David

Hough, Mike

World Literature

Sentencing Guidelines and Commissions: Comparative Perspectives (Studies in Crime and Public Policy)

Freiberg, Arie

Hester, Rhys

The criminal justice system is wide ranging; from the crimes themselves and policing to the sentencing of offenders and prisons. In this Very Short Introduction Julian V. Roberts draws upon the latest research and current practices from a number of different countries around the world. Focusing on the adversarial model of justice found in common law countries such as the United States, United Kingdom, Canada, and Australia, he discusses topics such as the uses of imprisonment, the effects of capital punishment, and the purposes of sentencing. Considering the role of the victim throughout the criminal justice system, as well as public knowledge and attitudes towards criminal justice, Roberts critically assesses the way in which the system functions and its importance around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Criminal Justice: A Very Short Introduction (Very Short Introductions)

Despite very diverse approaches towards punishing crime, all Western jurisdictions punish repeat offenders more harshly (a practice known as the recidivist sentencing premium) . For many repeat offenders, their previous convictions have more impact on the penalty they receive than the seriousness of their current crime. Why do we punish recidivists more harshly? Some sentencing theorists argue that offenders should be punished only for the crimes they commit - not for the crimes committed and paid for in the past. From this perspective, punishing repeat offenders more severely amounts to double punishment. Having been punished once for an offence, the recidivist will pay for the crime again every time he re-offends. Is this fair?  This volume explores the nature and consequences of the recidivist sentencing premium on both the theoretical and empirical levels. It begins by exploring the justifications for treating repeat offenders more harshly, and then provides examples of the practice from a number of jurisdictions including England and Wales, Canada, and the United States. Particular attention is paid to the views of two important groups: convicted offenders and the general public. If offenders believe that the recidivist sentencing premium is unjustified, they are less likely to accept the legitimacy of the justice system. As for members of the public, it is important to know whether this key element of the sentencing process is consistent with community views.

Punishing Persistent Offenders: Exploring Community and Offender Perspectives (Clarendon Studies in Criminology)

The politics of criminal sentencing has recently crystallized around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

Sentencing Guidelines: Exploring the English Model

ASHWORTH, ANDREW

Criminal Law

The Virtual Prison: Community Custody and the Evolution of Imprisonment (Cambridge Studies in Criminology)

The last twenty five years have seen dramatic rises in the prison populations of most industrialised nations. Unable to keep up with increased numbers of convicted offenders, governments and criminal justice systems have been seeking new ways to control and punish offenders. One sanction adopted in Canada and some parts of Europe and the US is community custody which attempts to recreate the punitive nature of prison but without incarceration. This book analyzes the effectiveness of this approach and explores its implications for offenders and society as a whole. It demonstrates that if properly conceived and administered, community custody can reduce the number of prison admissions and at the same time promote multiple goals of sentencing. So that offenders given community custody orders are punished yet also given the opportunity to change their lives in ways that would be impossible if they were in prison. Julian V. Roberts has been working in the area of sentencing and public opinion for over twenty years. He is Editor of The Canadian Journal of Criminology and Criminal Justice and has written and co-edited ten books.

Cambridge University Press

The last twenty five years have seen dramatic rises in the prison populations of most industrialised nations. Unable to keep up with increased numbers of convicted offenders, governments and criminal justice systems have been seeking new ways to control and punish offenders. One sanction adopted in Canada and some parts of Europe and the US is community custody which attempts to recreate the punitive nature of prison but without incarceration. This book analyzes the effectiveness of this approach and explores its implications for offenders and society as a whole. It demonstrates that if properly conceived and administered, community custody can reduce the number of prison admissions and at the same time promote multiple goals of sentencing. So that offenders given community custody orders are punished yet also given the opportunity to change their lives in ways that would be impossible if they were in prison. Julian V. Roberts has been working in the area of sentencing and public opinion for over twenty years. He is Editor of The Canadian Journal of Criminology and Criminal Justice and has written and co-edited ten books.

Criminal justice in Canada: A reader

Harcourt Canada, Limited

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