SSRN Home Search and Download Papers Browse Abstract and Paper Submission Subscribe to Networks View Briefcase Top Papers Top Authors Top Institutions

 

Abstract

 
 

Footnotes (272)

Beta

 


 


Download | Share | Email | Add to Briefcase | Buy Hard Copy

Why are Only Bad Acts Good Sentencing Factors?

Carissa Byrne Hessick
Arizona State, Sandra Day O'Connor College of Law



Boston University Law Review, Vol. 88, 2008

Abstract:     
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.

Keywords: punishment, sentencing, recidivism, good works, veterans, mitigation, aggravation

Accepted Paper Series

Date posted: June 10, 2008 ; Last revised: July 22, 2008

Suggested Citation

Hessick, Carissa Byrne, Why are Only Bad Acts Good Sentencing Factors?. Boston University Law Review, Vol. 88, 2008. Available at SSRN: http://ssrn.com/abstract=1141522


Export to: Export Citation What's this?

Contact Information

Carissa Byrne Hessick (Contact Author)
Arizona State, Sandra Day O'Connor College of Law ( email )
Box 877906
Tempe, AZ 85287-7906
United States
480-965-2007 (Fax)
Feedback to SSRN (Beta)


Paper statistics
Abstract Views: 634
Downloads: 97
Download Rank: 80,471
Footnotes: 272

© 2009 Social Science Electronic Publishing, Inc. All Rights Reserved. Terms of Use  Privacy Policy
This page was served by apollo2 in 0.110 seconds.