IDEAS home Printed from https://ideas.repec.org/a/ucp/jpolec/v102y1994i5p1039-66.html
   My bibliography  Save this article

Marginal Deterrence in Enforcement of Law

Author

Listed:
  • Mookherjee, Dilip
  • Png, I P L

Abstract

The authors characterize optimal enforcement in a setting in which individuals can select among various levels of some activity, all of which are monitored at the same rate but may be prosecuted and punished at varying rates. For less harmful acts, marginal expected penalties ought to fall short of marginal harms caused. Indeed, some range of very minor acts should be legalized. For more harmful acts, whether marginal expected penalties should fall short of or exceed marginal harms depends on the balance between monitoring and prosecution/punishment costs. The authors also explore how the optimal enforcement policy varies with changes in these costs. Copyright 1994 by University of Chicago Press.

Suggested Citation

  • 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.
    • Handle: RePEc:ucp:jpolec:v:102:y:1994:i:5:p:1039-66
    DOI: 10.1086/261963
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/261963
    File Function: full text
    Download Restriction: Access to full text is restricted to subscribers. See http://www.journals.uchicago.edu/JPE for details.
    File URL: https://libkey.io/10.1086/261963?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    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. Polinsky, A. Mitchell & Shavell, Steven, 1984. "The optimal use of fines and imprisonment," Journal of Public Economics, Elsevier, vol. 24(1), pages 89-99, June.
    3. Dickens, William T & Katz, Lawrence F & Lang, Kevin & Summers, Lawrence H, 1989. "Employee Crime and the Monitoring Puzzle," Journal of Labor Economics, University of Chicago Press, vol. 7(3), pages 331-347, July.
    4. Russell Cooper, 1984. "On Allocative Distortions in Problems of Self-Selection," RAND Journal of Economics, The RAND Corporation, vol. 15(4), pages 568-577, Winter.
    5. Srinagesh, Padmanabhan & Bradburd, Ralph & Koo, Hui-Wen, 1992. "Bidirectional Distortion in Self-Selection Problems," Journal of Industrial Economics, Wiley Blackwell, vol. 40(2), pages 223-228, June.
    6. James Andreoni, 1991. "Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?," RAND Journal of Economics, The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
    7. Roger B. Myerson, 1981. "Optimal Auction Design," Mathematics of Operations Research, INFORMS, vol. 6(1), pages 58-73, February.
    8. 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.
    9. Eric Maskin & John Riley, 1984. "Monopoly with Incomplete Information," RAND Journal of Economics, The RAND Corporation, vol. 15(2), pages 171-196, Summer.
    10. Wilde, Louis L., 1992. "Criminal choice, nonmonetary sanctions and marginal deterrence: A normative analysis," International Review of Law and Economics, Elsevier, vol. 12(3), pages 333-344, September.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Rosario Crino & Giovanni Immordino & Gülen Karakoç-Palminteri & Salvatore Piccolo, 2018. "Fighting Mobile Crime," CSEF Working Papers 504, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.
    2. 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.
    3. Eide, Erling & Rubin, Paul H. & Shepherd, Joanna M., 2006. "Economics of Crime," Foundations and Trends(R) in Microeconomics, now publishers, vol. 2(3), pages 205-279, December.
    4. Crinò, Rosario & Immordino, Giovanni & Piccolo, Salvatore, 2019. "Marginal deterrence at work," Journal of Economic Behavior & Organization, Elsevier, vol. 166(C), pages 586-612.
    5. Rosario Crinó & Giovanni Immordino & Salvatore Piccolo, 2021. "Criminal mobility, fugitives, and extradition rules," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 23(1), pages 69-104, February.
    6. Nøstbakken, Linda, 2008. "Fisheries law enforcement--A survey of the economic literature," Marine Policy, Elsevier, vol. 32(3), pages 293-300, May.
    7. Harold Houba & Evgenia Motchenkova & Quan Wen, 2018. "Legal Principles in Antitrust Enforcement," Scandinavian Journal of Economics, Wiley Blackwell, vol. 120(3), pages 859-893, July.
    8. Pascal Courty & Li Hao, 2000. "Sequential Screening," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 67(4), pages 697-717.
    9. Thomas J. Miceli, 2018. "On proportionality of punishments and the economic theory of crime," European Journal of Law and Economics, Springer, vol. 46(3), pages 303-314, December.
    10. BRYAN C. McCANNON, 2009. "Differentiating Between First And Repeat Offenses," Contemporary Economic Policy, Western Economic Association International, vol. 27(1), pages 76-85, January.
    11. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    12. Parikshit Ghosh, 2009. "Making the Punishment Fit the Crime or Taliban Justice? Optimal Penalties without Commitment," Working Papers id:2014, eSocialSciences.
    13. Levitt, Steven D, 1998. "Why Do Increased Arrest Rates Appear to Reduce Crime: Deterrence, Incapacitation, or Measurement Error?," Economic Inquiry, Western Economic Association International, vol. 36(3), pages 353-372, July.
    14. Matthews, Steven & Moore, John, 1987. "Monopoly Provision of Quality and Warranties: An Exploration in the Theory of Multidimensional Screening," Econometrica, Econometric Society, vol. 55(2), pages 441-467, March.
    15. Marceau, Nicolas & Mongrain, Steeve, 1999. "Dissuader le crime : un survol," L'Actualité Economique, Société Canadienne de Science Economique, vol. 75(1), pages 123-147, mars-juin.
    16. Philip A. Curry & Steeve Mongrain, 2008. "What you don't see can't hurt you: an economic analysis of morality laws," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 41(2), pages 583-594, May.
    17. Levitt, Steven D., 1997. "Incentive compatibility constraints as an explanation for the use of prison sentences instead of fines," International Review of Law and Economics, Elsevier, vol. 17(2), pages 179-192, June.
    18. Rasmusen, Eric, 1995. "How optimal penalties change with the amount of harm," International Review of Law and Economics, Elsevier, vol. 15(1), pages 101-108, January.
    19. DeAngelo, Gregory & Gee, Laura Katherine, 2018. "Peers or Police? Detection and Sanctions in the Provision of Public Goods," IZA Discussion Papers 11540, Institute of Labor Economics (IZA).
    20. Kessler, Daniel P & Levitt, Steven D, 1999. "Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 343-363, April.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jpolec:v:102:y:1994:i:5:p:1039-66. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Journals Division (email available below). General contact details of provider: https://www.journals.uchicago.edu/JPE .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.