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British Journal of Criminology Advance Access originally published online on March 18, 2008
British Journal of Criminology 2008 48(4):468-481; doi:10.1093/bjc/azn017
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The British Journal of Criminology 48:468-481 (2008)
© The Author 2008. Published by Oxford University Press on behalf of the Centre for Crime and Justice Studies (ISTD). All rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org

Punishing Persistence

Explaining the Enduring Appeal of the Recidivist Sentencing Premium

Julian V. Roberts*

* Centre of Criminology, University of Oxford, Manor Road Building, Manor Road, Oxford OX1 3UQ, UK; julian.roberts{at}crim.ox.ac.uk.


  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.


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