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 It might be outdated or ideologically biased.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 ?
I now consider whether there is any justifiable basis for punishing recidivists more severely.
Officials expressed an unwillingness to confine women separately in the belief that it was detrimental to women's more social and dependent natures.(14) Although there was an attempt to keep recidivist women in separate cells,(15) association was the norm in women's institutions, particularly in prisons which had insufficient space for individual facilities.
* Patients who were made involuntary mental health care users after their first charge and then a state patient on the second charge were not categorised as recidivists. Once again, this decision was made based on the limited information available in the clinical notes.
The effective study sample comprised 227 male migrant youth (106 nonoffenders, 78 onset-offenders, and 43 recidivists; [M.sub.age] = 18.51 years, SD = 2.07).
A penalty should mean something, and it should get the recidivists' attention."
(32) Recidivists are also considered more culpable offenders because they are on notice and have experience with the justice system.
However, one thing that can be emphasized is that these peculiarities allow a fair comparison between youngsters enduring their first incarceration and recidivists, thus raising the possibility of examining the role of certain disorders in the classification of criminal leanings, within the context of Brazilian culture.
(181) This result is even more perplexing in light of Ewing, in which the Supreme Court stated: "In weighing the gravity of [the recidivist's] offense, [courts] must place on the scales not only his current felony, but also his long history of felony recidivism." (182) In California, the bottom line is that two recidivists with identical criminal histories overall can receive vastly different prison sentences.
Ambitious, but achievable, and it would be entirely wrong to portray the global automotive industry as dyed-in-the-wool recidivists determined to resist change at any cost.
The topics include steps towards desistance among male young adult recidivists, understanding marginalized young people's criminal careers, moving from risks to strengths as the basis for a model of offender resettlement, a qualitative longitudinal approach to transition from prison to everyday life, and white-collar offenders' anticipation of release from prison.
It is these ordinary people, who are struggling daily to make ends meet, who will be coughing up to subsidise the cushy lives of wrongdoers and recidivists.