Recidivist

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Recidivist

 

a person who commits a crime after having been previously convicted of a criminal act. In view of their great social danger, recidivists bear increased criminal responsibility. Under Soviet law, if a person is deemed a recidivist, he faces various legal consequences. A recidivist may not be released on surety (poruki) and for certain types of recidivists limitations have been placed on the application of conditional early release and the substitution of a milder sentence (for example, the Criminal Code of the RSFSR, arts. 53–531)• If a recidivist has been previously sentenced to deprivation of freedom, he will ordinarily serve his sentence for the new crime in a strict-regime colony (this does not apply to convicted women).

Under certain conditions, the court may deem a guilty person an especially dangerous recidivist. Examples include (1) a person previously sentenced to deprivation of freedom for a particularly dangerous crime against the state or for one of the other grave crimes enumerated in the law who again commits one of these crimes and is sentenced to deprivation of freedom for at least five years and (2) a person sentenced to deprivation of freedom twice before, in any sequence, for especially dangerous state crimes or other grave crimes (also enumerated) who again commits any of these crimes and is sentenced to deprivation of freedom for a period of more than three years.

When considering the question of whether a person should be deemed an especially dangerous recidivist, the court takes into account the degree of social danger of the crimes committed, the motives, the character of the guilty person, and the circumstances of the case. In view of the increased social danger of especially dangerous recidivists, the criminal code prescribes harsher punishment for such recidivists than for persons who have committed a crime for the first time. Conditional early release and the substitution of a milder sentence may not be applied to an especially dangerous recidivist.

References in periodicals archive ?
10) In the Illinois pilot, recidivists were more likely to have prior arrests for speeding, failure to yield/stop, improper lane rage, and seatbelt or child safety violations, as well as being nearly twice as likely as first-time offenders to have at least one prior collision on their driving record.
1999) would indicate that recidivists are characterized by high P (low restraint) and low N (low distress).
118) He also cited numbers that show that recidivists served an average of 3 to 4 additional years, and that 25-years-to-life sentences such as Ewing's usually are reserved for much more serious criminals such as first-degree murderers.
8) However, recidivists are treated more harshly because their prior convictions are said to disentitle them from the leniency that is normally accorded to a first offender.
Researchers concluded that for the purpose of predicting future criminality, the most likely juvenile recidivists were those whose first referrals involved truancy, burglary, motor vehicle theft, or robbery.
Nor do studies demonstrating that a quarter or more of young black males have some kind of criminal record prove a violent black disposition, since many of the offenses are for substance abuse and other nonviolent or even victimless crimes, while many of the violent crimes perpetrated by blacks are the work of a core group of recidivists who account for a disproportionately large share of the offenses.
59) Between 1880 and 1920, recidivists accounted for more than 70% of the female prisoner population, compared with one-third to one-half of the male.
Her concentration on recidivists also sheds greater light on women and blacks who were over-represented as minor offenders in part because of their inability to pay fines to avoid jail terms.
But judges rarely express reluctance to convict a repeat burglar merely because jail does not deter recidivists from resuming their crimes.
Part II Testing Grounds: Antitrust recidivists as rights crusaders: fashioning producer rights in Europe
Amnesty for aliens with criminal histories and/or recidivists risks public safety
In between wonderful full-color images of preliminary sketches, drafts, schematics, mock-ups and before and after photos, architect Krier voices the eternal lament of the artist who is impeded at every level by soulless bureaucrats, well-meaning but misguided recidivists and jealous colleagues.