Previous Convictions and the Sentencing Process

Julian V. Roberts, Fellow of Worcester College and Professor of Criminology and Assistant Director, Centre for Criminology, University of Oxford

Mardi 4 décembre 2007 
11h45 à 13h00 
CICC, 3150, rue Jean-Brillant, local C-4141

Résumé de la conférence : All jurisdictions, whether developed, developing, or "transitional" in nature consider an offender’s previous convictions when determining the sentence to be imposed for his current conviction. This practice thus unites sentencers across the common and civil law worlds. In light of the importance of previous convictions, it is not surprising that a substantial scholarly literature has developed which focuses on a range of issues. Retributive sentencing theorists are divided: some assign an important role to previous convictions, while to others such a policy is anathema. The just deserts perspective allows for a very limited use of prior convictions. The debate among theorists has degenerated into a theoretical stand-off, with the various advocates re-affirming their positions while calling into question the wisdom of opposing views. In this presentation I shall summarise empirical research exploring public and offenders' attitudes to this sentencing policy. I shall also propose a retributive rationale for the practice of considering an offender's record.