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Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment

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  • Thomas J. Miceli
  • Kathleen Segerson

Abstract

Standard models of law enforcement involve the apprehension and punishment of a single suspect, but in many contexts, punishment is imposed on an entire group known to contain the offender. The advantages of group punishment are that the offender is punished with certainty and detection costs are saved. The disadvantage is that innocent individuals are punished. We compare individual and group punishment when social welfare depends on fairness (or retribution) and when it depends on deterrence. We show that group punishment may dominate in the former case if the detection technology is ineffective but never in the latter case. The results broadly reflect the actual use of group punishment in ancient and modern law.

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  • Thomas J. Miceli & Kathleen Segerson, 2007. "Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 81-106, January.
  • Handle: RePEc:ucp:jlstud:v:36:y:2007:p:81-106
    DOI: 10.1086/509274
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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. Nuno Garoupa, 2000. "Corporate criminal law and organization incentives: a managerial perspective," Managerial and Decision Economics, John Wiley & Sons, Ltd., vol. 21(6), pages 243-252.
    3. Segerson, Kathleen, 1988. "Uncertainty and incentives for nonpoint pollution control," Journal of Environmental Economics and Management, Elsevier, vol. 15(1), pages 87-98, March.
    4. Unknown, 1998. "Research Updates," Journal of Food Distribution Research, Food Distribution Research Society, vol. 29(1), pages 1-17, February.
    5. Parisi, Francesco & Dari-Mattiacci, Giuseppe, 2004. "The rise and fall of communal liability in ancient law," International Review of Law and Economics, Elsevier, vol. 24(4), pages 489-505, December.
    6. Bengt Holmstrom, 1982. "Moral Hazard in Teams," Bell Journal of Economics, The RAND Corporation, vol. 13(2), pages 324-340, Autumn.
    7. Varian, H.R., 1989. "Monitoring Agents With Other Agents," Papers 89-18, Michigan - Center for Research on Economic & Social Theory.
    8. Xepapadeas, A. P., 1991. "Environmental policy under imperfect information: Incentives and moral hazard," Journal of Environmental Economics and Management, Elsevier, vol. 20(2), pages 113-126, March.
    9. Dhammika Dharmapala & Nuno Garoupa, 2004. "Penalty Enhancement for Hate Crimes: An Economic Analysis," American Law and Economics Review, Oxford University Press, vol. 6(1), pages 185-207.
    10. Shavell, Steven, 1985. "Uncertainty over Causation and the Determination of Civil Liability," Journal of Law and Economics, University of Chicago Press, vol. 28(3), pages 587-609, October.
    11. Eric Rasmusen, 1987. "Moral Hazard in Risk-Averse Teams," RAND Journal of Economics, The RAND Corporation, vol. 18(3), pages 428-435, Autumn.
    12. Polinsky, Mitchell & Shavell, Steven, 1979. "The Optimal Tradeoff between the Probability and Magnitude of Fines," American Economic Review, American Economic Association, vol. 69(5), pages 880-891, December.
    13. Arlen, Jennifer, 1994. "The Potentially Perverse Effects of Corporate Criminal Liability," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 832-867, June.
    14. Peter S. Menell, 1991. "The Limitations of Legal Institutions for Addressing Environmental Risks," Journal of Economic Perspectives, American Economic Association, vol. 5(3), pages 93-113, Summer.
    15. 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.
    16. 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.
    17. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May.
    18. ., 1998. "Methodology of Scientific Research Programmes," Chapters, in: John B. Davis & D. W. Hands & Uskali Mäki (ed.), The Handbook of Economic Methodology, chapter 70, Edward Elgar Publishing.
    19. Harris, John R, 1970. "On the Economics of Law and Order," Journal of Political Economy, University of Chicago Press, vol. 78(1), pages 165-174, Jan.-Feb..
    20. Williamson, Oliver E, 1983. "Credible Commitments: Using Hostages to Support Exchange," American Economic Review, American Economic Association, vol. 73(4), pages 519-540, September.
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    2. Mourad Ali & Patrick Rio, 2009. "Deterrence vs. Efficiency To Regulate Nonpoint Source Pollution," Working Papers 09-22, LAMETA, Universtiy of Montpellier, revised Dec 2009.
    3. Nicklisch, Andreas & Köke, Sonja & Lange, Andreas, 2016. "Is Adversity a School of Wisdom? Experimental Evidence on Cooperative Protection Against Stochastic Losses," VfS Annual Conference 2016 (Augsburg): Demographic Change 145716, Verein für Socialpolitik / German Economic Association.
    4. Friedel Bolle, 2021. "Deterrence by Collective Punishment May Work against Criminals but Never against Freedom Fighters," Games, MDPI, vol. 12(2), pages 1-15, May.
    5. Andrew W. Bausch, 2014. "Evolving intergroup cooperation," Computational and Mathematical Organization Theory, Springer, vol. 20(4), pages 369-393, December.
    6. Thomas J. Miceli, 2013. "Collective Responsibility," Working papers 2013-23, University of Connecticut, Department of Economics.
    7. Rodriguez, Luz A. & Pfaff, Alexander & Velez, Maria Alejandra, 2019. "Graduated stringency within collective incentives for group environmental compliance: Building coordination in field-lab experiments with artisanal gold miners in Colombia," Journal of Environmental Economics and Management, Elsevier, vol. 98(C).
    8. Fatas, Enrique & Morales, Antonio J. & Ubeda, Paloma, 2010. "Blind justice: An experimental analysis of random punishment in team production," Journal of Economic Psychology, Elsevier, vol. 31(3), pages 358-373, June.
    9. Rousseau, Sandra, 2009. "The use of warnings in the presence of errors," International Review of Law and Economics, Elsevier, vol. 29(3), pages 191-201, September.
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    13. Katrin Hussinger & Maikel Pellens, 2019. "Scientific misconduct and accountability in teams," PLOS ONE, Public Library of Science, vol. 14(5), pages 1-12, May.

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    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

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