Multiple Offenders and the Question of Desert
This chapter advances the proposition that while multiple offenders are more culpable than single-crime offenders and should thus be treated differently, multiple offenders should not be punished to such an extent that the state ends up treating an offender who has committed multiple offenses more harshly or in the same way as those who have committed more serious offenses, given the message each punishment communicates about the character defects about the recipient of the punishment. Following this principle would likely result in a presumption in favor of concurrent sentencing or at least “bulk discounts,” where even if an offender is guilty of committing multiple offenses, the punishment for each additional offense is smaller than that for the first offense. This chapter further argues that the practice of bulk discounts for multiple offenders is consistent with the practice of imposing the recidivist premium on those who, after having been convicted and punished, continue to reoffend.