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Punishment as Defiance: Deterrence and Perverse Effects in the Case of Expressive Crime

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  • Martin A. Leroch

Abstract

Expressive crime contrasts with instrumental crime in that delinquents do not seek material benefits. Law breakers are motivated by the desire to ‘make a statement’, possibly against majority attitudes in the society. Fighting expressive crime is complicated by this fact in that increasing intervention may have counter effects. In this article, I present a model of expressive crime. Delinquents are motivated to perform the illegal action because it transmits a signal. If the punishment associated with the crime affects the value of this signal positively, an increase in punishment may serve as defiance, and not as deterrence. Accordingly, the number of law violations may increase if those defied outnumber the deterred. Throughout the analysis, I refer to the case of graffiti spraying in Germany. It has been argued that this case offers an example for an increase in law violations after an increase in available punishment. This claim is discussed with reference to available data. Implications for other forms of expressive crime are drawn. (JEL codes: K14, K42, D03)

Suggested Citation

  • Martin A. Leroch, 2014. "Punishment as Defiance: Deterrence and Perverse Effects in the Case of Expressive Crime," CESifo Economic Studies, CESifo Group, vol. 60(3), pages 581-598.
  • Handle: RePEc:oup:cesifo:v:60:y:2014:i:3:p:581-598.
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    File URL: http://hdl.handle.net/10.1093/cesifo/ift009
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    Cited by:

    1. Koji Domon & Alessandro Melcarne & Giovanni B. Ramello, 2019. "Digital piracy in Asian countries," Economia e Politica Industriale: Journal of Industrial and Business Economics, Springer;Associazione Amici di Economia e Politica Industriale, vol. 46(1), pages 117-135, March.

    More about this item

    JEL classification:

    • 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
    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles

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