The Bitch Threatens, but Seldom Bites
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Authors
Cook, William J.
Issue Date
1975
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION
Habitual criminals are nothing more than individuals who in the eyes of the court are making a habit of criminal activity. To the criminologist and sociologist the habitual criminal may represent a failure of penal institutions. But to the average person the habitual criminal's very existence may indicate the courts' inability to protect society. This latter line of reasoning is especially popular at times when "law and order" is said to be non-existent or at least uncommon. In both good and bad times the public, including these persons who have frequent contact with the courts, assumes that multiple offenders receive longer sentences than persons found guilty of their first or second offense. It is also assumed that persons convicted of violent crimes will receive longer sentences than individuals committing nonviolent offenses. Another widely held belief is that habitual offender laws are nothing more than a hammer to induce guilty pleas. It is thought that those defendants who do not have the habitual offender law (the "bitch") filed against them still receive sentences commensurate with those who do get the "bitch" when the judge sentences on the basis of past criminal record.
Habitual criminals are nothing more than individuals who in the eyes of the court are making a habit of criminal activity. To the criminologist and sociologist the habitual criminal may represent a failure of penal institutions. But to the average person the habitual criminal's very existence may indicate the courts' inability to protect society. This latter line of reasoning is especially popular at times when "law and order" is said to be non-existent or at least uncommon. In both good and bad times the public, including these persons who have frequent contact with the courts, assumes that multiple offenders receive longer sentences than persons found guilty of their first or second offense. It is also assumed that persons convicted of violent crimes will receive longer sentences than individuals committing nonviolent offenses. Another widely held belief is that habitual offender laws are nothing more than a hammer to induce guilty pleas. It is thought that those defendants who do not have the habitual offender law (the "bitch") filed against them still receive sentences commensurate with those who do get the "bitch" when the judge sentences on the basis of past criminal record.
Description
Citation
8 Creighton L. Rev. 893(1974-1975)
Publisher
Creighton University School of Law