Sentencing recidivist offenders: a challenge for proportionality
There is very few social problems that create as much public interest as the issue of crime and the treatment of criminals
An even more bothersome problem of the authorities is one of the more vexing problems faced by authorities in the criminal justice system is the presence of certain individuals who have previously been convicted and have served their sentence but appear seem quite likely to commit further, serious crimes when they are released from prison, especially those that comprise of violence towards member of the public. What’s even more troublesome is what can be said to future victims or surviving family members of victims who the authorities failed to protect as …show more content…
The federal sentencing guidelines, for example, are based on a grid with offence levels along the vertical axis and criminal history scores along the horizontal axis. There are 43 offence levels, and the applicable level in each case must be calculated according to the detailed and often cumbersome terms of the Guidelines Manual. However, the sentence which an offender eventually receives will also be determined by his or her previous record. Along the horizontal axis are six criminal history categories and, again, the Guidelines Manual prescribes the method by which a criminal history score should be calculated. The presumptive sentence is to be found at the intersection of the two. The important point for present purposes is that the sentence range to which an offender is subject can vary significantly depending on criminal history score. For example, an offender whose offence level is calculated at 21 (which would be typical for, say, possession of child pornography), will be liable to prison sentence in the range of 37 to 46 months if he has a criminal history score of 1 or less whereas he will be liable to 77 to 96 months if he has the highest criminal history score of 6. Thus, a substantial number of previous convictions can double the punishment to which a first- or second-time offender would be …show more content…
For example, the Criminal Law (Sexual Offences) Act 2006 which allows for harsher penalties to be imposed for perons who are reconvicted of the offence now known as defilement of a child under the age of 17 years. S. 3 of the Misuse of Drugs Act 1977 allows for similar harsher punishments for those who are found in possession of drugs.
Since changes were introduced in 2006, repeat violations of s. 15A or s. 15B of the Misuse of Drugs Act 1977 were harsher punishments are also imposed. For a first time conviction under s.15A or s.15B of the Act carries a possible minimum sentence of 10 years’ imprisonment with the possibility of a lesser penalty in exceptional circumstances a second or subsequent conviction carries a mandatory minimum sentence of 10 years’
There is very few social problems that create as much public interest as the issue of crime and the treatment of criminals
An even more bothersome problem of the authorities is one of the more vexing problems faced by authorities in the criminal justice system is the presence of certain individuals who have previously been convicted and have served their sentence but appear seem quite likely to commit further, serious crimes when they are released from prison, especially those that comprise of violence towards member of the public. What’s even more troublesome is what can be said to future victims or surviving family members of victims who the authorities failed to protect as …show more content…
The federal sentencing guidelines, for example, are based on a grid with offence levels along the vertical axis and criminal history scores along the horizontal axis. There are 43 offence levels, and the applicable level in each case must be calculated according to the detailed and often cumbersome terms of the Guidelines Manual. However, the sentence which an offender eventually receives will also be determined by his or her previous record. Along the horizontal axis are six criminal history categories and, again, the Guidelines Manual prescribes the method by which a criminal history score should be calculated. The presumptive sentence is to be found at the intersection of the two. The important point for present purposes is that the sentence range to which an offender is subject can vary significantly depending on criminal history score. For example, an offender whose offence level is calculated at 21 (which would be typical for, say, possession of child pornography), will be liable to prison sentence in the range of 37 to 46 months if he has a criminal history score of 1 or less whereas he will be liable to 77 to 96 months if he has the highest criminal history score of 6. Thus, a substantial number of previous convictions can double the punishment to which a first- or second-time offender would be …show more content…
For example, the Criminal Law (Sexual Offences) Act 2006 which allows for harsher penalties to be imposed for perons who are reconvicted of the offence now known as defilement of a child under the age of 17 years. S. 3 of the Misuse of Drugs Act 1977 allows for similar harsher punishments for those who are found in possession of drugs.
Since changes were introduced in 2006, repeat violations of s. 15A or s. 15B of the Misuse of Drugs Act 1977 were harsher punishments are also imposed. For a first time conviction under s.15A or s.15B of the Act carries a possible minimum sentence of 10 years’ imprisonment with the possibility of a lesser penalty in exceptional circumstances a second or subsequent conviction carries a mandatory minimum sentence of 10 years’