Toward a Theoretical and Practical Model for Multiple-Offense Sentencing
This chapter examines the conflicting positions regarding the sentencing of multiple offenders and proposes a theoretical and practical model for multiple-offense sentencing within the framework of desert theory. It begins with a discussion of desert theory and its two major dimensions of offense seriousness: the harm caused and the culpability of the offender. It then describes several sentencing practices in an attempt to better understand the way that bulk discounts operate. It also explores a number of normative propositions that support the concept of a discount in multiple-offense sentencing, focusing on the absence of normative breaks and overall proportionality based on living standard analysis. Finally, it considers two empirically derived propositions: first, that there is a considerable degree of connectedness between the offenses comprising a multiple-offense case, and second, that there is a continuum in criminal conduct.