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Wrongful convictions and the punishment of attempts

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  • Mungan, Murat C.

Abstract

This article presents economic models of law enforcement where the punishment of attempts leads to an increased risk of wrongful convictions. Consideration of these risks weakens the case for punishing attempts. Specifically, attempts ought to be punished less frequently than suggested in previous literature, and even when the punishment of attempts is desirable, they typically ought to be punished less severely than accomplished crimes. Purely deterrence related rationales as well as rationales based on costs associated with wrongful convictions support this conclusion. The presence of wrongful conviction costs also implies that a degree of under-deterrence is optimal and that incomplete attempts ought to typically be punished less severely than complete attempts.

Suggested Citation

  • Mungan, Murat C., 2015. "Wrongful convictions and the punishment of attempts," International Review of Law and Economics, Elsevier, vol. 42(C), pages 79-87.
    • Handle: RePEc:eee:irlaec:v:42:y:2015:i:c:p:79-87
    DOI: 10.1016/j.irle.2015.01.001
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    References listed on IDEAS

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    1. Shavell, Steven, 1990. "Deterrence and the Punishment of Attempts," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 435-466, June.
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    4. Matteo Rizzolli & Luca Stanca, 2012. "Judicial Errors and Crime Deterrence: Theory and Experimental Evidence," Journal of Law and Economics, University of Chicago Press, vol. 55(2), pages 311-338.
    5. Chu, C. Y. Cyrus & Hu, Sheng-cheng & Huang, Ting-yuan, 2000. "Punishing repeat offenders more severely," International Review of Law and Economics, Elsevier, vol. 20(1), pages 127-140, March.
    6. Png, I. P. L., 1986. "Optimal subsidies and damages in the presence of judicial error," International Review of Law and Economics, Elsevier, vol. 6(1), pages 101-105, June.
    7. Murat C. Mungan & Jonathan Klick, 2014. "Forfeiture of Illegal Gains, Attempts, and Implied Risk Preferences," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 137-153.
    8. Antonio Nicita & Matteo Rizzolli, 2014. "In Dubio Pro Reo. Behavioral Explanations of Pro-defendant Bias in Procedures," CESifo Economic Studies, CESifo Group, vol. 60(3), pages 554-580.
    9. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
    10. Murat C. Mungan, 2011. "A Utilitarian Justification for Heightened Standards of Proof in Criminal Trials," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 167(2), pages 352-370, June.
    11. Nuno Garoupa & Matteo Rizzolli, 2012. "Wrongful Convictions Do Lower Deterrence," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 224-231, June.
    12. Friedman, David D, 1991. "Impossibility, Subjective Probability, and Punishment for Attempts," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 179-186, January.
    13. Matteo Rizzolli & Margherita Saraceno, 2013. "Better that ten guilty persons escape: punishment costs explain the standard of evidence," Public Choice, Springer, vol. 155(3), pages 395-411, June.
    14. Henrik Lando, 2006. "Does Wrongful Conviction Lower Deterrence?," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 327-337, June.
    15. Louis Kaplow, 2011. "On the Optimal Burden of Proof," Journal of Political Economy, University of Chicago Press, vol. 119(6), pages 1104-1140.
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    Cited by:

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    2. Ikeda Yasuhiro & Mori Daisuke, 2015. "Can Decoupling Punitive Damages Deter an Injurer’s Harmful Activity?," Review of Law & Economics, De Gruyter, vol. 11(3), pages 513-528, November.

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    More about this item

    Keywords

    Type-I errors; Attempts; Wrongful convictions; Judicial errors; Crime and deterrence; Optimal sanctions;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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