Abstract
Virtually every state has a statute providing special penalties for repeat criminal offenders. These statutes assess a higher penalty against offenders with a history of continuing misconduct. Some statutes criminalize a person's status as an habitual criminal. Many others require an enhanced penalty for criminal conduct when the offender has engaged in misconduct unrelated to the criminal episode charged. The accused may have engaged in the misconduct hours or years before committing the primary offense. Penalty enhancement statutes establish one penalty for the primary offense and a second greater penalty for unrelated specified misconduct. This Note is concerned primarily with penalty enhancement statutes, although the analysis is often applicable to habitual criminal statutes.
Recommended Citation
Prince, David S.
(1989)
"Enhancing Penalties by Admitting "Bad Character" Evidence During the Guilt Phase of Criminal Trials - State v. Bishop,"
Utah Law Review: Vol. 1989:
No.
4, Article 7.
Available at:
https://dc.law.utah.edu/ulr/vol1989/iss4/7