Public Opinion, Criminal Record, and the Sentencing Process

Abstract

An offender's criminal record is a powerful determinant of sentence severity in almost all criminal justice systems. State and federal sentencing guidelines accord a central role to criminal record, which is the second most important factor after crime seriousness. As well, most states have recidivist statutes such as “three strikes and you're out,” which prescribe swinging penalties for recidivist offenders. Although a great deal of research has examined public perceptions of sentencing and crime seriousness, little work has addressed the question of public support for criminal record as an aggravating factor in the sentencing process. This article reviews the limited research on this question. It would appear that the public supports a limited use of criminal history information, although there is little public enthusiasm for statutes or guidelines that impose sentences the severity of which clearly violates principles of desert.

Paying for the crimes of their children: Public support of parental responsibility

“…General polls might not be able to provide detailed information because they were difficult to interpret with any consistent precision (Roberts, 1996). For instance, the public greatly endorsed recidivist statutes (i.e., ''Three Strikes and You're Out'' laws) when asked about broad, single-item questions concerning these laws (88.4 percent either strongly supported or somewhat supported these laws).…”

To execute or not to execute? Examining public support for capital punishment of sex offenders

“…A number of studies have found that those who believe that certain offenders are at increased risk of recidivism endorse higher levels of support for capital punishment (e.g., Roberts, 1996;Tyler, 1997). This tendency, according to Roberts (1996, p. 493), reflects a public willingness to "punish recidivist offenders for defiance of authority."…”

Public preferences for sentencing purposes: What difference does offender age, criminal history and offence type make?

“…Despite the importance of prior history in sentencing practice, as Roberts (1996Roberts ( , 2008b has observed, we know little about the extent to which people support the relevance of offence history as a consideration in sentencing and on what grounds they consider offence history to be relevant. Previous research would suggest that the public is more likely to endorse harsher sentences in instances of repeat offending (e.g.…”