Abstract
This chapter examines the multiple-conviction paradox, in which punishments of people convicted of multiple offenses are often discounted if sentences are imposed at one time but enhanced if imposed at different times. A bulk discount characterizes sentencing for concurrent convictions. A recidivist premium attaches to successive convictions. The chapter first reviews empirical data to show that the multiple-conviction paradox is the central issue that normative accounts of punishment must adequately address. It then discusses efforts by theorists to justify the bulk discount before proposing a framework for addressing the multiple-offense paradox within just sentencing systems that integrates principled considerations with blameworthiness and crime prevention. This approach favors parsimonious and human capital–enhancing punishments.
Original language | English (US) |
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Title of host publication | Sentencing for Multiple Crimes |
Publisher | Oxford University Press |
Pages | 241-265 |
Number of pages | 25 |
ISBN (Electronic) | 9780190607609 |
DOIs | |
State | Published - Jan 1 2017 |
Keywords
- Blameworthiness
- Bulk discount
- Concurrent convictions
- Crime prevention
- Multiple offenses
- Multiple-conviction paradox
- Punishment
- Recidivist premium
- Successive convictions