Criminal History

Abstract

Criminal history refers to a criminal offender's prior conviction record, particularly in the context of sentencing that offender for a new offense. Judges in all jurisdictions have long used prior record as one of the primary determinants of an offender's punishment, and sentencing guidelines now formally build prior record into sentencing outcomes. However, the theoretical justification for enhancing sentences on the basis of prior convictions is disputed, and scholars are increasingly recognizing that prior record premiums may have negative impacts on important policy outcomes such as racial disparities, the aging prison population, proportionality in sentencing, and optimal prison resource allocation. An examination of how guidelines in various jurisdictions formulate prior record enhancements and how those formulations vary highlights ways in which criminal history enhancements may be modified to balance sentencing goals.