Previous convictions in sentencing deliberations – A critical analysis into the justifications of recidivist sentencing premiums

McInern, Chantelle. (2022). Previous convictions in sentencing deliberations – A critical analysis into the justifications of recidivist sentencing premiums. University of Galway Law Review, 1, 13-34.

Abstract

The paradigm case in criminal sentencing is not the first-time offender guilty of a lone offence.1 Though the majority of theoretical literature focalizes around the “first-timer”, 2 the most prevalent offender in sentencing deliberations is, in fact, the recidivist.3 Despite the preponderance of previous convictions (PC) and predominance of multiple-offenders in criminal law,4 there is a notable chasm of academic writing around the concept, and consequentially, a remarked paucity on the substantive impact of PCs on sentencing calculations.5 However, as Ingram6 & Roberts7 separately denote, the consideration of previous criminal behaviour has existed since the 16th century, upon a move from a solely infractionbased sentencing model to one encircling assessments on the offender’s character.8 Throughout the developmental history of sentencing the recidivist, and as early as the era of Grotius9 , two foundational principles continue to compete for primacy in punishment, philosophically and in practice;10 the doctrine of retributivism, and the consequentialist, crime-control based principle of prevention.11

Publisher

University of Galway

Rights

CC BY-NC-ND

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School of Law (Scholarly Articles)