Why are Only Bad Acts Good Sentencing Factors?
Carissa Byrne Hessick
University of Utah - S.J. Quinney College of Law
Boston University Law Review, Vol. 88, 2008
University of Utah College of Law Research Paper No. 38
Few pieces of information play a larger role in determining a criminal offender's sentence than her prior criminal history. The notion that an offender's prior bad acts ought to be considered an aggravating sentencing factor enjoys near-universal acceptance. But fewer jurisdictions appear to consider an offender's prior good acts (such as honorable military service or charitable works) as a mitigating factor at sentencing. This Article discusses the potential relationship between aggravating and mitigating sentencing factors. It also explores whether, in light of the overwhelming consensus that a prior bad act is aggravating, there is a principled reason that a sentencing system could fail to treat a prior good act as mitigating.
Number of Pages in PDF File: 69
Keywords: punishment, sentencing, recidivism, good works, veterans, mitigation, aggravationAccepted Paper Series
Date posted: June 10, 2008 ; Last revised: August 8, 2013
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