Abstract
This article addresses the question of how multiple offenders – that is, offenders who have committed more than one crime before they are apprehended – should be punished from a retributivist point of view. Two theories are evaluated, both defending the view that there should be a bulk discount for multiple offending. According to the first theory, a bulk discount follows from the idea of a punishment ceiling for types of crimes and the principle of parsimony in punishing. According to the second, the discount follows from a certain view on mercy. However, it is argued that both theories suffer from theoretical flaws and that they are also insufficient in practical terms. That is, they fail to provide a basis for the making of decisions about how multiple-offence cases should be dealt with by the criminal justice system.
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Ryberg, J. Retributivism and Multiple Offending. Res Publica 11, 213–233 (2005). https://doi.org/10.1007/s11158-005-3522-8
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DOI: https://doi.org/10.1007/s11158-005-3522-8