The Long Arm of the Law

Abstract

This chapter examines the question of whether and when prior convictions from many years past should no longer be considered at sentencing. The chapter first surveys the varying “look-back” and crime-free “gap” rules found in American guidelines systems, noting that many jurisdictions have no look-back limits for some or all offenders. This discussion also examines the question of when the look-back “clock” starts to run, in applying each of the existing rules—that date could be as early as the date of the prior sentencing, or as late as discharge from probation or parole. The chapter then considers the ways in which different approaches to look-back relate to the punishment rationales—offender risk and culpability—that are thought to justify criminal history enhancements. It also presents a summary of recent research surveying public opinion about the desirability and formulation of look-back limits. The chapter concludes with proposals to limit look-back.