Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0010
Richard S. Frase, Julian V. Roberts
{"title":"The Long Arm of the Law","authors":"Richard S. Frase, Julian V. Roberts","doi":"10.1093/OSO/9780190254001.003.0010","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0010","url":null,"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.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115218355","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0006
Richard S. Frase, Julian V. Roberts, Rhys Hester
{"title":"The Effects of Prior Convictions on Sentence Severity","authors":"Richard S. Frase, Julian V. Roberts, Rhys Hester","doi":"10.1093/OSO/9780190254001.003.0006","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0006","url":null,"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.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116247039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0004
Richard S. Frase, Julian V. Roberts
{"title":"What Other Factors Indicate High or Low Recidivism Risk?","authors":"Richard S. Frase, Julian V. Roberts","doi":"10.1093/OSO/9780190254001.003.0004","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0004","url":null,"abstract":"If prior record enhancements are justified as a way to manage offender risk, policymakers need to consider other, non-record risk factors that may improve risk-prediction accuracy. This chapter examines the limited extent to which guidelines systems have incorporated such factors—usually as a ground for departure or other adjustment after the recommended sentence has been determined based on current offense and prior record. The chapter summarizes the offense factors and non-criminal-history offender factors, such as the offender’s current age and criminal thinking patterns, that criminological research has found to be good predictors of the risk of re-offending, and that are often included in widely used risk assessment instruments such as the Salient Factor Score, CSRA, and LSI-R. Very few of these non-record risk factors have been given a formal role in guidelines sentencing. The chapter argues that judges should be allowed to consider some of these factors, especially older age.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124722785","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0002
Richard S. Frase, Julian V. Roberts
{"title":"Retributivist Perspectives on an Offender’s Criminal or Crime-Free Past","authors":"Richard S. Frase, Julian V. Roberts","doi":"10.1093/OSO/9780190254001.003.0002","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0002","url":null,"abstract":"Proponents of retribution (Just Deserts) as a punishment rationale sharply disagree about whether repeat offenders are more culpable for a new offense, in comparison to offenders with little or no prior record. Some retributivists assert that prior convictions should have no bearing on the offender’s culpability and deserved punishment for his latest offense. Other retributivists argue that first offenders are less culpable and deserve sentence mitigation; some of these writers would extend a lesser degree of mitigation to offenders with only a minor record. A third group of retributivists views prior crimes as an aggravating factor, justifying steady increases in punishment severity as offenders acquire more convictions. This chapter critiques each of these three approaches. It argues that first offenders deserve substantial mitigation, that sentence severity should rise only modestly with additional convictions, and that such enhancements must be “capped” to preserve proportionality to the crime being sentenced.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125909840","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0011
Richard S. Frase, Julian V. Roberts
{"title":"Problematic Components Found in Many Criminal History Formulas","authors":"Richard S. Frase, Julian V. Roberts","doi":"10.1093/OSO/9780190254001.003.0011","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0011","url":null,"abstract":"The focus of this chapter is on five components of criminal history scores that lack strong justification from the perspective of recidivism risk, retribution, or both rationales. These components are: juvenile court adjudications, misdemeanor convictions, the offender’s “custody status” when committing the offense being sentenced (whether he was incarcerated or on some form of criminal justice release), weighting prior felony convictions according to their severity ranking or other seriousness indicator, and the policy in some jurisdictions of according extra weight to prior offenses that were similar to the offense being sentenced (“patterning” premiums). The chapter then presents data from Minnesota, showing how the inclusion of the first four of these score components greatly increases the frequency and duration of recommended and imposed prison terms. The chapter concludes that criminal history scores should not routinely include any of these five problematic components, although judges might consider them as potential aggravating factors.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134241691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0012
Richard S. Frase, Julian V. Roberts
{"title":"The Model Regime","authors":"Richard S. Frase, Julian V. Roberts","doi":"10.1093/OSO/9780190254001.003.0012","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0012","url":null,"abstract":"This chapter outlines a model regime of prior record enhancement (PRE), designed to promote more rational, parsimonious, and humane sentences. It provides general principles and specific rules reflecting what is known about PRE justifications, costs, benefits, and adverse consequences. The principles specify which punishment purposes justify PRE, while also recognizing the overarching importance of maintaining proportionality to conviction offense seriousness, ensuring that PREs are necessary and cost-effective, minimizing racial disparities and imprisonment of aging and nonviolent offenders, avoiding interference with offender efforts at desistance, and striking a reasonable balance between rule and discretion. The model’s PRE counting rules exclude juvenile and misdemeanor priors, convictions more than 10 years old, upweighting of felonies based on their severity or similarity, and custody status points. First offenders receive substantial sentence mitigation, after which PRE magnitude increases modestly and is capped. High-history offenders are punished no more than twice as severely as first offenders.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122025409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0009
Richard S. Frase, Julian V. Roberts, Rhys Hester
{"title":"Impacts of Criminal History Enhancements on Prison Bed Needs and Costs","authors":"Richard S. Frase, Julian V. Roberts, Rhys Hester","doi":"10.1093/OSO/9780190254001.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0009","url":null,"abstract":"This chapter shows how sentencing data can be used to quantify the substantial fiscal impacts of high-magnitude criminal history enhancements, overall and with respect to the problematic aspects of those enhancements identified and discussed in previous chapters. It uses data from Minnesota and several other states as examples because of the excellent sentencing data available for those states. The chapter first examines the total fiscal impact (added bed needs and costs) that results from the sentence-enhancing effects of criminal history on prison commitment and prison duration decisions. It then quantifies the fiscal impacts of the identified problematic aspects of prior record enhancements: disproportionately severe prison durations imposed on high history offenders, imprisonment of nonviolent offenders recommended for prison solely because of their elevated criminal history scores, imprisonment of aging offenders who are recommended for prison due to their high history scores, and racially disparate sentences that result from criminal history enhancements.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127732861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0003
Richard S. Frase, Julian V. Roberts
{"title":"Prior Record and the Risk of Recidivism","authors":"Richard S. Frase, Julian V. Roberts","doi":"10.1093/OSO/9780190254001.003.0003","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0003","url":null,"abstract":"It is generally assumed that prior convictions provide a useful proxy for the offender’s risk of committing further crimes, and as a general proposition that assumption is well supported by research. But as this chapter shows, there is much less research on how well particular prior record formulas predict recidivism risk. This chapter identifies the elements of guidelines criminal history scores that appear to be designed to measure risk, reviews the limited research assessing the accuracy of criminal history scores and score components as predictors of subsequent offending, and examines the closeness of fit between predicted increases in risk, as the criminal history score rises, and the increments in sentence severity that are prescribed by grid-based guidelines systems. The chapter also argues against the use of rigid prior record enhancement formulas, and in favor of giving judges power to adjust sentences to take into account case-specific variations in recidivism risk.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127223503","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0007
Richard S. Frase, Julian V. Roberts, Rhys Hester
{"title":"Adverse Impacts on Offense-Based Proportionality and Prison-Use Priorities","authors":"Richard S. Frase, Julian V. Roberts, Rhys Hester","doi":"10.1093/OSO/9780190254001.003.0007","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0007","url":null,"abstract":"This chapter shows how powerful criminal history enhancements undermine important goals of guidelines reforms. First, these enhancements undermine the goal of making punishment severity proportional to the seriousness of the offense for which the offender is being sentenced; if prior record receives more weight in sentencing, conviction offense seriousness receives less weight. Second, these enhancements counteract the goal of reserving expensive prison beds for offenders convicted of violent crimes—powerful criminal history enhancements shift the balance of prison admissions and inmate stocks toward property, drug, and other nonviolent offenders. Third, prior record enhancements change the composition of prison populations by risk level—older offenders often have more prior convictions but declining recidivism risks, so criminal history enhancements increase the number of aging, low-risk prison inmates. The formulaic nature of such enhancements also over-predicts the risk level of some younger offenders. The chapter concludes with proposals for limiting these adverse effects.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129103598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Paying for the PastPub Date : 2019-08-12DOI: 10.1093/OSO/9780190254001.003.0008
Richard S. Frase, Julian V. Roberts, Rhys Hester
{"title":"Disproportionate Impacts on Minority Offenders","authors":"Richard S. Frase, Julian V. Roberts, Rhys Hester","doi":"10.1093/OSO/9780190254001.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780190254001.003.0008","url":null,"abstract":"Sentencing enhancements based on the offender’s prior conviction record are a major contributor to racial disproportionalities in prison populations, since racial minorities tend to have more extensive criminal records. After briefly reviewing the larger problem of disproportionate minority confinement in the United States, and the serious negative consequences of such disparities, this chapter examines data from several states on the ways in which racial differences in prior conviction records and other factors cause disproportionate minority confinement. The chapter focuses on black-to-white disparities, since blacks are the largest nonwhite group in most states and there is more detailed criminal justice data on them than for most other nonwhite groups. But the available data on Hispanics and Native Americans reveals disparities that are sometimes as great as for blacks. The chapter concludes with proposals for revising criminal history enhancement rules that have the largest and least defensible disparate impacts on nonwhite offenders.","PeriodicalId":301321,"journal":{"name":"Paying for the Past","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130237700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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