Recidivist


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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
For the purposes of this study, a recidivist was defined as one who reoffended or committed an act of violence after being declared a state patient.
Comparison of Aggression Differences Among Nonoffender, Onset-Offender, and Recidivist Groups
4) An ANOVA was performed to validate the hypothesis of the predicted model: the predictor variable ("recidivism209") should discriminate between the recidivist and non-recidivist inmates.
The cohort was comprised of 619 primaries and 267 recidivists. 'Psychoactive Substance Use' and 'Disorders of Adult Personality and Behavior' categories were related to recidivism, whereas 'Organic Mental Disorders', 'Mood Disorders', and 'Stress-related Disorders' were related to primary offenders.
"He has shown time and time again that he is unable to curb his criminal appetite and after 23 years of criminal acts as a juvenile and as an adult, he has made no progress in his `rehabilitation.' The criminal acts for which he was convicted on March 12, 2013, clearly speak of a career recidivist who merits severe punishment and lengthy incarceration to protect the public," Mr.
Recidivist laws, which punish repeat offenders more harshly than first-time offenders, have existed in America since the nineteenth century.
This study also reveals that 731 (67.8%) offenders in the comparison group are recidivist offenders and 347 (32.2%) offenders are not recidivist offenders.
The letter, from President Barack Obama's counterterrorism advisor John Brennan, acknowledges that the "intelligence community assesses that 20 percent of detainees transferred from Guantanamo are confirmed or suspected of recidivist activity."
Clinicians working with recidivist driving-under-the-influence populations should consider evaluating these offenders for bipolar disorder, Dr.
Peter Wishlade, defending, said Pattison was a pleasant young man, but a "classic recidivist" who was convicted for the home burglaries because he confessed to the police.
For the typical innocent defendant in the typical case--which I will demonstrate is a recidivist facing petty charges--the best resolution is generally a quick plea in exchange for a light, bargained-for sentence.
Contributors of these 16 articles show how far we have come by addressing the psychology of violent crimes on an international scale, including the apparent normalcy in behavior characteristics of sadistic serial killers, compulsive repetitive offenders' behavioral patterns and motivational dynamics, juvenile serial sex offenders, recidivist homicide offenders, sensational and extreme interests in adolescents, and the effects of a combination of narcissism, sadism and loneliness.