Character and Repeat-Offender Sentencing

Abstract Repeat offenders receive longer sentences than first in virtually every modern jurisdiction. Such prior-record enhancements are politically popular. Scholars more divided, especially regarding severe enhancements. Retributivists have long disagreed about which enhancements, if any, morally justifiable and on what basis. This article advances the debate, offering lessons for retributivists all sides. I address an intuitive argument that justifies terms of character. has been caricatured dismissed, with defenders preferring character-independent arguments. reconstruct assumes recidivism constitutes evidence culpability-aggravating character traits. The seems at least coherent, inferentially valid, intuitively plausible. then raise see as real threats to argument, neither conceptual nor normative, but empirical. identify some formal features requires To support such traits must also correlate properly criminal records. One place look characterizations traits, correlation, is criminology, theories criminogenesis criminality. conclude arguments cannot be although their thorough evaluation awaits answers complex empirical questions.