Why are Only Bad Acts Good Sentencing Factors?

69 Pages Posted: 10 Jun 2008 Last revised: 8 Aug 2013

See all articles by Carissa Byrne Hessick

Carissa Byrne Hessick

University of North Carolina School of Law; Prosecutors and Politics Project

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

Suggested Citation

Hessick, Carissa Byrne, Why are Only Bad Acts Good Sentencing Factors?. Boston University Law Review, Vol. 88, 2008, University of Utah College of Law Research Paper No. 38, Available at SSRN: https://ssrn.com/abstract=1141522

Carissa Byrne Hessick (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

Prosecutors and Politics Project ( email )

University of North Carolina
Chapel Hill, NC
United States

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