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Public Opinion, Criminal Record, and the Sentencing Process

An offender's criminal record is a powerful determinant of sentence severity in almost all criminal justice systems. State and federal sentencing guidelines accord a central role to criminal record, which is the second most important factor after crime seriousness. As well, most states have rec...

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Bibliographic Details
Published in:The American behavioral scientist (Beverly Hills) 1996-02, Vol.39 (4), p.488-499
Main Author: ROBERTS, JULIAN V.
Format: Article
Language:English
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Summary:An offender's criminal record is a powerful determinant of sentence severity in almost all criminal justice systems. State and federal sentencing guidelines accord a central role to criminal record, which is the second most important factor after crime seriousness. As well, most states have recidivist statutes such as “three strikes and you're out,” which prescribe swinging penalties for recidivist offenders. Although a great deal of research has examined public perceptions of sentencing and crime seriousness, little work has addressed the question of public support for criminal record as an aggravating factor in the sentencing process. This article reviews the limited research on this question. It would appear that the public supports a limited use of criminal history information, although there is little public enthusiasm for statutes or guidelines that impose sentences the severity of which clearly violates principles of desert.
ISSN:0002-7642
1552-3381
DOI:10.1177/0002764296039004011