The Effects of Prior Convictions on Sentence Severity

Abstract

This chapter explores the degree to which a higher criminal history score increases the severity of recommended and imposed sentences in U.S. guidelines systems. The impact of criminal history on sentence severity is measured in several ways. One set of measures assesses the extent to which a high criminal history score translates into increased sentencing severity—by causing the offender to be recommended for immediate commitment to prison, and/or by increasing the duration of the recommended prison or other custodial sentence. Other measures of prior record enhancement magnitude relate to the criminal history formula itself—the components of the score and the way in which each component is weighted. These rules determine how quickly offenders acquire a high score, triggering the most severe impacts, and they also determine which offenders are most likely to receive high scores. The chapter concludes with proposals for regulating the magnitude of prior record enhancements.