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On the Perils of Commitment to Punishment when Criminals Are Strategic

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Listed:
  • Shaun Larcom
  • Mare Sarr

Abstract

For some crimes the perpetrator can be detected costlessly but can be apprehended only at significant cost or not at all for some period of time. To deter strategic behavior in the period between detection and apprehension, authorities may wish to commit themselves to punishing the perpetrator once apprehended, regardless of his behavior or threats. However, we show that such efforts at commitment to ex post punishment may induce worse behavior and that it selects potential criminals of a worse type. We show that when law enforcement authorities cannot commit themselves perfectly, it is dangerous for them to try to commit, as it may invoke a strategic response that can worsen the situation. When law enforcement authorities do increase their commitment to punish such offenders, it is likely to lead to fewer but more gruesome crimes.

Suggested Citation

  • Shaun Larcom & Mare Sarr, 2018. "On the Perils of Commitment to Punishment when Criminals Are Strategic," The Journal of Legal Studies, University of Chicago Press, vol. 47(2), pages 391-418.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/698458
    DOI: 10.1086/698458
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    References listed on IDEAS

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    1. Mats Persson & Claes-Henric Siven, 2007. "The Becker Paradox And Type I Versus Type Ii Errors In The Economics Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 48(1), pages 211-233, February.
    2. Lohmann, Susanne, 1992. "Optimal Commitment in Monetary Policy: Credibility versus Flexibility," American Economic Review, American Economic Association, vol. 82(1), pages 273-286, March.
    3. Ramey, Garey, 1996. "D1 Signaling Equilibria with Multiple Signals and a Continuum of Types," Journal of Economic Theory, Elsevier, vol. 69(2), pages 508-531, May.
    4. Shavell, Steven, 1992. "A note on marginal deterrence," International Review of Law and Economics, Elsevier, vol. 12(3), pages 345-355, September.
    5. Baker, Scott & Mezzetti, Claudio, 2001. "Prosecutorial Resources, Plea Bargaining, and the Decision to Go to Trial," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 149-167, April.
    6. Choné, Philippe & Linnemer, Laurent, 2010. "Optimal litigation strategies with observable case preparation," Games and Economic Behavior, Elsevier, vol. 70(2), pages 271-288, November.
    7. Konstantin Sonin, 2008. "A Theory of Brinkmanship, Conflicts, and Commitments," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 24(1), pages 163-183, May.
    8. Detotto, Claudio & McCannon, Bryan C. & Vannini, Marco, 2015. "Evidence of marginal deterrence: Kidnapping and murder in Italy," International Review of Law and Economics, Elsevier, vol. 41(C), pages 63-67.
    9. Thomas D. Jeitschko & Byung-Cheol Kim, 2013. "Signaling, Learning, and Screening Prior to Trial: Informational Implications of Preliminary Injunctions," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 29(5), pages 1085-1113, October.
    10. Andrew F. Daughety & Jennifer F. Reinganum, 2016. "Informal Sanctions on Prosecutors and Defendants and the Disposition of Criminal Cases," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 32(2), pages 359-394.
    11. Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-1066, October.
    12. Amy Farmer & Paul Pecorino, 2013. "Discovery and Disclosure with Asymmetric Information and Endogenous Expenditure at Trial," The Journal of Legal Studies, University of Chicago Press, vol. 42(1), pages 223-247.
    13. In-Koo Cho & David M. Kreps, 1987. "Signaling Games and Stable Equilibria," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 102(2), pages 179-221.
    14. Detotto Claudio & Vannini Marco & McCannon Bryan C., 2014. "Understanding Ransom Kidnappings and Their Duration," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 14(3), pages 1-23, July.
    15. Shavell Steven & Spier Kathryn E., 2002. "Threats Without Binding Commitment," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 2(1), pages 1-11, January.
    16. Philippe Choné & Laurent Linnemer, 2008. "Optimal Litigation Strategies with Signaling and Screening," Working Papers 2008-16, Center for Research in Economics and Statistics.
    17. Jennifer F. Reinganum & Louise L. Wilde, 1986. "Settlement, Litigation, and the Allocation of Litigation Costs," RAND Journal of Economics, The RAND Corporation, vol. 17(4), pages 557-566, Winter.
    18. 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.
    19. Kydland, Finn E & Prescott, Edward C, 1977. "Rules Rather Than Discretion: The Inconsistency of Optimal Plans," Journal of Political Economy, University of Chicago Press, vol. 85(3), pages 473-491, June.
    20. Escribà -Folch, Abel & Wright, Joseph, 2015. "Human Rights Prosecutions and Autocratic Survival," International Organization, Cambridge University Press, vol. 69(2), pages 343-373, April.
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