Citation

Roberts JV. Br. J. Criminol. 2008; 48(4): 468-481.

Copyright

(Copyright © 2008, Centre for Crime and Justice Studies, Publisher Oxford University Press)

DOI

10.1093/bjc/azn017

PMID

unavailable

Abstract

All jurisdictions--whether common or civil law--punish repeat offenders more severely. In this sense, the Recidivist Sentencing Premium is as universal as the principle of proportionality. Retributive sentencing theorists fall into two camps: one group rejects the use of previous convictions at sentencing while the second assigns a very limited role for criminal antecedents. This article explores the issue and proposes a culpability-based justification for considering previous convictions at sentencing. According to this proposal, previous convictions justify more severe treatment in the way that premeditation is used as an aggravating circumstance. Offenders who plan their crimes and offenders with previous convictions should be considered more blameworthy and hence worthy of harsher punishments. This model is considered with reference to community views of sentencing.