Previous Convictions at Sentencing

Julian 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.

This collection is welcome as it offers insights into the problems facing sentencers and penologists in taking past convictions into account Susan Easton Criminal Law Review 2011 The editors and contributors tackle a particularly thorny issue in this elegant 256-page text: Should an offender's previous convictions affect sentence?.. Professors Roberts and von Hirsch address with signal skill the question of just deserts and proportionality, the progressive loss of mitigation, the issues of first offender discounts. and the question of deserved punishment when recidivism is demonstrated Judge G. Renaud Criminal law Quarterly Volume 59 the 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

• 1 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 Index