Multiple-Offense Sentencing
This chapter offers some additional thoughts on the subject of multiple-offense sentencing. It discusses John Taurek’s indeterminacy thesis and its plausibility with regards to multiple-count cases. It then considers two desert-based limiting principles applicable to multiple-offense situations: normative breaks and overall proportionality. It also examines the possibility of utilizing a heuristic model, an example of which is Martin Borgeke’s scheme for scaling multiple offenses. Finally, it highlights the limitations of desert theory and argues that it may not be able to assist us all the way in developing a sentencing doctrine for multiple offenders.