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Criminal Law and Behavioral Law and Economics: Observations on the Neglected Role of Uncertainty in Deterring Crime

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Author Info
Harel, Alon
Segal, Uzi

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Abstract

Criminal sanctions are usually public, stable and predictable. In contrast, the practices governing the determination of the probability of detection and conviction reinforce uncertainty. We invoke psychological insights to illustrate that criminals prefer a scheme in which the size of the sentence is uncertain while the probability of detection and conviction is certain. Consequently, the choice to increase certainty with respect to the size of the sentence and to decrease certainty with respect to the probability of detection and conviction can be justified on the grounds that such a scheme is disfavored by criminals and consequently has better deterrent effects. Copyright 1999 by Oxford University Press.

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Publisher Info
Article provided by Oxford University Press in its journal American Law and Economics Review.

Volume (Year): 1 (1999)
Issue (Month): 1-2 (Fall)
Pages: 276-312
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Handle: RePEc:oup:amlawe:v:1:y:1999:i:1-2:p:276-312

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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
  1. Bebchuk, Lucian Arye & Kaplow, Louis, 1993. "Optimal sanctions and differences in individuals' likelihood of avoiding detection," International Review of Law and Economics, Elsevier, vol. 13(2), pages 217-224, June. [Downloadable!] (restricted)
  2. Schmeidler, David, 1989. "Subjective Probability and Expected Utility without Additivity," Econometrica, Econometric Society, vol. 57(3), pages 571-87, May. [Downloadable!] (restricted)
  3. Kahneman, Daniel & Tversky, Amos, 1979. "Prospect Theory: An Analysis of Decision under Risk," Econometrica, Econometric Society, vol. 47(2), pages 263-91, March. [Downloadable!] (restricted)
  4. A. Mitchell Polinsky & Steven Shavell, 1997. "On the Disutility and Discounting of Imprisonment and the Theory of Deterrence," NBER Working Papers 6259, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  5. Karni, Edi & Schmeidler, David, 1991. "Utility theory with uncertainty," Handbook of Mathematical Economics, in: W. Hildenbrand & H. Sonnenschein (ed.), Handbook of Mathematical Economics, edition 1, volume 4, chapter 33, pages 1763-1831 Elsevier. [Downloadable!] (restricted)
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Cited by:
(explanations, Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.)

  1. Nuno Garoupa, 2003. "Behavioral Economic Analysis of Crime: A Critical Review," European Journal of Law and Economics, Springer, vol. 15(1), pages 5-15, January. [Downloadable!] (restricted)
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