Disentangling the criminal record: dimensions of criminal history at sentencing

• In Event: Judicial Discretion in the Sentencing Process 1.

Abstract

It has been known for a long time (Casey and Spohn, 1974) that the chosen measure of criminal record affects the effects on sentencing ascribed to criminal history. Despite this, surprisingly little research into the variables affecting the sentence has relied on more complex forms of operationalising past convictions. Drawing on Wasik (2010) we operationalise criminal history through the following dimensions: (i) multitude of previous offences, (ii) recency of previous offences, (iii) relative seriousness to the current offence, (iv) similarity to the current offence, and (v) previously incurred punishment.

Each dimension is identified for each individual intersection of case and offender within a very large dataset of Czech criminal records spanning several decades. This information is combined with a relatively detailed set of case-level information, which is used to acquire control variables. The effect of individual dimensions is tested using multivariate regressions against sentencing outcomes, including the in/out decision and incarceration length.

The results disentangle the previously observed very strong effect of past convictions on sentencing outcomes in Czechia and identify the comparative explanatory power of the various dimensions of criminal history within a discretionary continental sentencing paradigm.

Author

• Martin Košatka, Charles University, Faculty of Law