Richard S Frase
Biographic Data
| ID | 6251460 |
|---|---|
| NAME | Richard S Frase |
| GIVEN NAMES | Richard S |
| FAMILY NAME | Frase |
| SIGNATURE | FRASE R S |
| AFFILIATIONS | University of Minnesota |
| VERIFIED | No |
| TOTAL WORKS | 11 |
| TOTAL CITATIONS | 53 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1997 |
| LATEST PUBLICATION YEAR | 2019 |
| H-INDEX | 4 |
Paying for the Past: The Case Against Prior Record Sentence Enhancements
Virtually all modern sentencing systems consider the offender’s prior record to be an important determinant of the form and severity of punishment, often carrying more weight than the crime being sentenced. Repeat offenders “pay for their past,” even though they have already been punished for their prior crimes. And the majority of sentenced offenders have at least one prior conviction. This topic thus lies at the heart of the sentencing process;…
Forty Years of American Sentencing Guidelines: What Have We Learned
Since 1980, 22 state and federal jurisdictions have adopted sentencing guidelines. Nineteen still have them. No two systems are alike. Experience suggests that any well-designed system requires five core features: a permanent, balanced, independent, and adequately funded sentencing commission; typical-case presumptive sentences and departure criteria; a hybrid sentencing theory that recognizes both retributive and crime control purposes; balance …
Prior Record Enhancements at Sentencing: Unsettled Justifications and Unsettling Consequences
The consequences of a person’s prior crimes remain after the debt to society is paid and the sentence is discharged. While the practice of using prior convictions to enhance the severity of sentence imposed is universal, prior record enhancements (PREs) play a particularly important role in US sentencing, and especially in guidelines jurisdictions. In grid-based guidelines, criminal history constitutes one of the two dimensions of the grid. The e…
Principles and Procedures for Sentencing of Multiple Current Offenses
This chapter discusses the sentencing principles and procedures for multiple current offenses. It examines a seeming paradox: when multiple crimes are sentenced at one time or close together in time (simultaneous offenses), they are often sentenced much less harshly than when the same crimes are sentenced over a longer period of time (sequential offenses). Sequential offenses almost always receive penalties that are, in effect, fully cumulative (…
A Measure of Tolerance: Public Attitudes on Sentencing Enhancements for Old and Juvenile Prior Records
Sentencing policies routinely assign harsher punishment on repeat offenders, yet we know little about public attitudes toward recidivist sentencing premiums—beyond the predictable finding that people are more punitive when the offender is a recidivist. We conducted a survey to explore public reaction to two key inquiries: (1) whether older priors should carry less weight at new sentencing hearings and (2) whether juvenile priors should be counted…
Theories of Proportionality and Desert
What Explains Persistent Racial Disproportionality in Minnesota’s Prison and Jail Populations
Racial disparity in prison and jail populations, measured by the ratio of black to white per capita incarceration rates, varies substantially from state to state. To understand these variations, researchers must examine disparity at earlier stages of the criminal process and also racial differences in socioeconomic status that help explain disparity in cases entering the system. Researchers must adjust disparity ratios to correct for limitations …
The Apprendi‐blakely Cases: Sentencing Reform Counter Revolution
Recent Supreme Court decisions have extended jury trial rights and beyond‐reasonable‐doubt proof standards to certain sentence‐enhancement facts. The first two cases, Apprendi v. New Jersey and Ring v. Arizona , were narrow in scope and relatively uncontroversial. But Blakely v. Washington marked a substantial expansion of the rationale and scope of Apprendi , and threatened to invalidate entire sentencing reform systems, both legally‐binding gui…
Sentencing Guidelines in Minnesota, 1978-2003
Minnesota's guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980. Sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the guidelines remain simple to understand and apply. However…
Sentencing and Sanctions in Western Countries
This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. The volume consists of approximately ten essays. Six consider sentencing policy strategies and practices in major western countries, including Australia, England/Wales, Germany, the Netherlands, Switzerland, and the United States. Each is written by a recognized expert from that part of the world. The…
Sentencing Principles in Theory and Practice
In Norval Morris's "limiting retributivist" theory of punishment, considerations of "just deserts" set upper and occasionally lower limits on sentencing severity. Other purposes, including general deterrence, considerations of equality, and "parsimony," provide the necessary "fine-tuning." Proponents of just deserts, such as Andrew von Hirsch, give much greater weight to retributive and equality values and would allow almost no role for other sen…
Sentencing Guidelines in Minnesota, 1978-2003
Minnesota's guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980. Sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the guidelines remain simple to understand and apply. However…
What Explains Persistent Racial Disproportionality in Minnesota’s Prison and Jail Populations
Racial disparity in prison and jail populations, measured by the ratio of black to white per capita incarceration rates, varies substantially from state to state. To understand these variations, researchers must examine disparity at earlier stages of the criminal process and also racial differences in socioeconomic status that help explain disparity in cases entering the system. Researchers must adjust disparity ratios to correct for limitations …
Prior Record Enhancements at Sentencing: Unsettled Justifications and Unsettling Consequences
The consequences of a person’s prior crimes remain after the debt to society is paid and the sentence is discharged. While the practice of using prior convictions to enhance the severity of sentence imposed is universal, prior record enhancements (PREs) play a particularly important role in US sentencing, and especially in guidelines jurisdictions. In grid-based guidelines, criminal history constitutes one of the two dimensions of the grid. The e…
The Apprendi‐blakely Cases: Sentencing Reform Counter Revolution
Recent Supreme Court decisions have extended jury trial rights and beyond‐reasonable‐doubt proof standards to certain sentence‐enhancement facts. The first two cases, Apprendi v. New Jersey and Ring v. Arizona , were narrow in scope and relatively uncontroversial. But Blakely v. Washington marked a substantial expansion of the rationale and scope of Apprendi , and threatened to invalidate entire sentencing reform systems, both legally‐binding gui…
Sentencing Principles in Theory and Practice
In Norval Morris's "limiting retributivist" theory of punishment, considerations of "just deserts" set upper and occasionally lower limits on sentencing severity. Other purposes, including general deterrence, considerations of equality, and "parsimony," provide the necessary "fine-tuning." Proponents of just deserts, such as Andrew von Hirsch, give much greater weight to retributive and equality values and would allow almost no role for other sen…
Forty Years of American Sentencing Guidelines: What Have We Learned
Since 1980, 22 state and federal jurisdictions have adopted sentencing guidelines. Nineteen still have them. No two systems are alike. Experience suggests that any well-designed system requires five core features: a permanent, balanced, independent, and adequately funded sentencing commission; typical-case presumptive sentences and departure criteria; a hybrid sentencing theory that recognizes both retributive and crime control purposes; balance …
A Measure of Tolerance: Public Attitudes on Sentencing Enhancements for Old and Juvenile Prior Records
Sentencing policies routinely assign harsher punishment on repeat offenders, yet we know little about public attitudes toward recidivist sentencing premiums—beyond the predictable finding that people are more punitive when the offender is a recidivist. We conducted a survey to explore public reaction to two key inquiries: (1) whether older priors should carry less weight at new sentencing hearings and (2) whether juvenile priors should be counted…
Sentencing Principles in Theory and Practice
In Norval Morris's "limiting retributivist" theory of punishment, considerations of "just deserts" set upper and occasionally lower limits on sentencing severity. Other purposes, including general deterrence, considerations of equality, and "parsimony," provide the necessary "fine-tuning." Proponents of just deserts, such as Andrew von Hirsch, give much greater weight to retributive and equality values and would allow almost no role for other sen…
Sentencing and Sanctions in Western Countries
This collection of original essays surveys the evolution of sentencing policies and practices in Western countries over the past twenty-five years. The volume consists of approximately ten essays. Six consider sentencing policy strategies and practices in major western countries, including Australia, England/Wales, Germany, the Netherlands, Switzerland, and the United States. Each is written by a recognized expert from that part of the world. The…
Sentencing Guidelines in Minnesota, 1978-2003
Minnesota's guidelines, related sentencing laws, and charging and sentencing practices have evolved considerably since 1980. Sentencing has been coordinated with available correctional resources, avoiding prison overcrowding and ensuring that space is available to hold the most serious offenders; "truth in sentencing" has been achieved; custodial sanctions have been used sparingly; and the guidelines remain simple to understand and apply. However…
The Apprendi‐blakely Cases: Sentencing Reform Counter Revolution
Recent Supreme Court decisions have extended jury trial rights and beyond‐reasonable‐doubt proof standards to certain sentence‐enhancement facts. The first two cases, Apprendi v. New Jersey and Ring v. Arizona , were narrow in scope and relatively uncontroversial. But Blakely v. Washington marked a substantial expansion of the rationale and scope of Apprendi , and threatened to invalidate entire sentencing reform systems, both legally‐binding gui…
What Explains Persistent Racial Disproportionality in Minnesota’s Prison and Jail Populations
Racial disparity in prison and jail populations, measured by the ratio of black to white per capita incarceration rates, varies substantially from state to state. To understand these variations, researchers must examine disparity at earlier stages of the criminal process and also racial differences in socioeconomic status that help explain disparity in cases entering the system. Researchers must adjust disparity ratios to correct for limitations …
Theories of Proportionality and Desert
Principles and Procedures for Sentencing of Multiple Current Offenses
This chapter discusses the sentencing principles and procedures for multiple current offenses. It examines a seeming paradox: when multiple crimes are sentenced at one time or close together in time (simultaneous offenses), they are often sentenced much less harshly than when the same crimes are sentenced over a longer period of time (sequential offenses). Sequential offenses almost always receive penalties that are, in effect, fully cumulative (…
A Measure of Tolerance: Public Attitudes on Sentencing Enhancements for Old and Juvenile Prior Records
Sentencing policies routinely assign harsher punishment on repeat offenders, yet we know little about public attitudes toward recidivist sentencing premiums—beyond the predictable finding that people are more punitive when the offender is a recidivist. We conducted a survey to explore public reaction to two key inquiries: (1) whether older priors should carry less weight at new sentencing hearings and (2) whether juvenile priors should be counted…
Prior Record Enhancements at Sentencing: Unsettled Justifications and Unsettling Consequences
The consequences of a person’s prior crimes remain after the debt to society is paid and the sentence is discharged. While the practice of using prior convictions to enhance the severity of sentence imposed is universal, prior record enhancements (PREs) play a particularly important role in US sentencing, and especially in guidelines jurisdictions. In grid-based guidelines, criminal history constitutes one of the two dimensions of the grid. The e…
Paying for the Past: The Case Against Prior Record Sentence Enhancements
Virtually all modern sentencing systems consider the offender’s prior record to be an important determinant of the form and severity of punishment, often carrying more weight than the crime being sentenced. Repeat offenders “pay for their past,” even though they have already been punished for their prior crimes. And the majority of sentenced offenders have at least one prior conviction. This topic thus lies at the heart of the sentencing process;…
Forty Years of American Sentencing Guidelines: What Have We Learned
Since 1980, 22 state and federal jurisdictions have adopted sentencing guidelines. Nineteen still have them. No two systems are alike. Experience suggests that any well-designed system requires five core features: a permanent, balanced, independent, and adequately funded sentencing commission; typical-case presumptive sentences and departure criteria; a hybrid sentencing theory that recognizes both retributive and crime control purposes; balance …
Law (11 works) · Political science (11 works) · Criminal Justice and Corrections Analysis (9 works) · Computer Science (7 works) · Law (7 works) · Psychology (7 works) · Criminology (6 works) · Sentence (6 works) · Sentencing guidelines (6 works) · Criminal Law and Evidence (5 works)