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Malice Aforethought

Author

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  • Curry Philip A.

    (Department of Economics, University of Waterloo, Hagey Hall of the Humanities 200 University Ave W, Waterloo, ON N2L 3G1, Canada)

Abstract

This paper examines why criminal intent matters in sentencing. In particular, it considers two types of crimes, opportunistic and premeditated. Opportunistic crimes are ones that present themselves to a criminal and can be deterred if the victim makes it too costly for the criminal through private property protection. Premeditated crimes are ones sought out by the criminal, and the effect of private property protection is simply to displace crime. This difference between deterrence and displacement leads to the result that it is optimal to punish premeditated crimes more. The extent to which this is true, however, lies in the response by potential victims. If victims protect themselves from premeditated crimes in ways that also protect them from opportunistic ones, then the difference in penalties is relatively less.

Suggested Citation

  • Curry Philip A., 2017. "Malice Aforethought," Review of Law & Economics, De Gruyter, vol. 13(1), pages 1-18, March.
    • Handle: RePEc:bpj:rlecon:v:13:y:2017:i:1:p:18:n:3
    DOI: 10.1515/rle-2015-0032
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    References listed on IDEAS

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    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Louis Hotte & Tanguy Van Ypersele, 2008. "Individual protection against property crime: decomposing the effects of protection observability," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 41(2), pages 537-563, May.
    3. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    4. Philip A. Curry & Matthew Doyle, 2016. "Integrating Market Alternatives Into The Economic Theory Of Optimal Deterrence," Economic Inquiry, Western Economic Association International, vol. 54(4), pages 1873-1883, October.
    5. Bruno Decreuse & Steeve Mongrain & Tanguy van Ypersele, 2022. "Property crime and private protection allocation within cities: Theory and evidence," Economic Inquiry, Western Economic Association International, vol. 60(3), pages 1142-1163, July.
    6. Giles Atkinson & Andrew Healey & Susana Mourato, 2005. "Valuing the costs of violent crime: a stated preference approach," Oxford Economic Papers, Oxford University Press, vol. 57(4), pages 559-585, October.
    7. Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-366, June.
    8. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 55-67, National Bureau of Economic Research, Inc.
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    Cited by:

    1. Philip A. Curry & Matthew Doyle, 2012. "Social Welfare and the Benefits to Crime," Working Papers 1205, University of Waterloo, Department of Economics, revised Jul 2012.

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    More about this item

    Keywords

    crime; private property protection; criminal intent;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • D60 - Microeconomics - - Welfare Economics - - - General

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