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On Probation: An Experimental Analysis

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  • Christoph Engel
  • Heike Hennig‐Schmidt
  • Bernd Irlenbusch
  • Sebastian Kube

Abstract

Does probation pay a double dividend? Society saves the cost of incarceration, and convicts preserve their liberty. But does probation also reduce the risk of recidivism? In a meta‐study we show that the field evidence is inconclusive. Moreover, it struggles with an identification problem: those put on probation are less likely to recidivate in the first place. We therefore complement the existing field evidence with a novel lab experiment that isolates the definitional feature of probation: the first sanction is conditional on being sanctioned again during the probation period. We find that probationers are more likely to recidivate (i.e., to reduce their contributions to a joint project), that punishment cost is higher, efficiency lower, and inequity higher. While experimental subjects are on probation, they increase their contributions to a joint project. However, once the probation period expires, they reduce their contributions. While in the aggregate these two effects almost cancel out, critically, those not punished themselves trust the institution less if punishment does not become immediately effective.

Suggested Citation

  • Christoph Engel & Heike Hennig‐Schmidt & Bernd Irlenbusch & Sebastian Kube, 2015. "On Probation: An Experimental Analysis," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(2), pages 252-288, June.
  • Handle: RePEc:wly:empleg:v:12:y:2015:i:2:p:252-288
    DOI: 10.1111/jels.12072
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    1. Gneezy, Uri & Rustichini, Aldo, 2000. "A Fine is a Price," The Journal of Legal Studies, University of Chicago Press, vol. 29(1), pages 1-17, January.
    2. Armin Falk & James J. Heckman, 2009. "Lab Experiments are a Major Source of Knowledge in the Social Sciences," Working Papers 200935, Geary Institute, University College Dublin.
    3. Randi Hjalmarsson, 2009. "Juvenile Jails: A Path to the Straight and Narrow or to Hardened Criminality?," Journal of Law and Economics, University of Chicago Press, vol. 52(4), pages 779-809, November.
    4. Arlen, Jennifer & Spitzer, Matthew & Talley, Eric, 2002. "Endowment Effects within Corporate Agency Relationships," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 1-37, January.
    5. Francesco Drago & Roberto Galbiati & Pietro Vertova, 2009. "The Deterrent Effects of Prison: Evidence from a Natural Experiment," Journal of Political Economy, University of Chicago Press, vol. 117(2), pages 257-280, April.
    6. Ostrom, Elinor & Walker, James & Gardner, Roy, 1992. "Covenants with and without a Sword: Self-Governance Is Possible," American Political Science Review, Cambridge University Press, vol. 86(2), pages 404-417, June.
    7. Jennifer Arlen & Matthew Spitzer & Eric Talley, "undated". "Endowment Effects Within Corporate Agency Relationships," Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy Working Paper Series yale_lepp-1016, Yale Law School John M. Olin Center for Studies in Law, Economics, and Public Policy.
    8. David Masclet & Charles Noussair & Steven Tucker & Marie-Claire Villeval, 2003. "Monetary and Nonmonetary Punishment in the Voluntary Contributions Mechanism," American Economic Review, American Economic Association, vol. 93(1), pages 366-380, March.
    9. Michael McKee & Rudy Santore & Joel Shelton, 2007. "Contingent Fees, Moral Hazard, and Attorney Rents: A Laboratory Experiment," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 253-273, June.
    10. Dickson, Eric S & Shepsle, Kenneth A, 2001. "Working and Shirking: Equilibrium in Public-Goods Games with Overlapping Generations of Players," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(2), pages 285-318, October.
    11. Ernst Fehr & Simon Gächter, 2002. "Altruistic punishment in humans," Nature, Nature, vol. 415(6868), pages 137-140, January.
    12. Urs Fischbacher, 2007. "z-Tree: Zurich toolbox for ready-made economic experiments," Experimental Economics, Springer;Economic Science Association, vol. 10(2), pages 171-178, June.
    13. Simon Gachter & Ernst Fehr, 2000. "Cooperation and Punishment in Public Goods Experiments," American Economic Review, American Economic Association, vol. 90(4), pages 980-994, September.
    14. Nikos Nikiforakis & Hans-Theo Normann, 2008. "A comparative statics analysis of punishment in public-good experiments," Experimental Economics, Springer;Economic Science Association, vol. 11(4), pages 358-369, December.
    15. R. Isaac & James Walker & Susan Thomas, 1984. "Divergent evidence on free riding: An experimental examination of possible explanations," Public Choice, Springer, vol. 43(2), pages 113-149, January.
    16. Kristoffel Grechenig & Andreas Nicklisch & Christian Thöni, 2010. "Punishment despite Reasonable Doubt – A Public Goods Experiment with Uncertainty over Contributions," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2010_11, Max Planck Institute for Research on Collective Goods.
    17. Cohen, Ben-Zion & Eden, Ruth & Lazar, Amnon, 1991. "The efficacy of probation versus imprisonment in reducing recidivism of serious offenders in Israel," Journal of Criminal Justice, Elsevier, vol. 19(3), pages 263-270.
    18. Greiner, Ben, 2004. "An Online Recruitment System for Economic Experiments," MPRA Paper 13513, University Library of Munich, Germany.
    19. Falk, Armin & Fischbacher, Urs, 2002. ""Crime" in the lab-detecting social interaction," European Economic Review, Elsevier, vol. 46(4-5), pages 859-869, May.
    20. George Loewenstein & Don A. Moore, 2004. "When Ignorance Is Bliss: Information Exchange and Inefficiency in Bargaining," The Journal of Legal Studies, University of Chicago Press, vol. 33(1), pages 37-58, January.
    21. Croson, Rachel & Johnston, Jason Scott, 2000. "Experimental Results on Bargaining Under Alternative Property Rights Regimes," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 16(1), pages 50-73, April.
    22. Druckman, James N, 2001. "Using Credible Advice to Overcome Framing Effects," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 17(1), pages 62-82, April.
    23. Steven D. Levitt & John A. List, 2007. "What Do Laboratory Experiments Measuring Social Preferences Reveal About the Real World?," Journal of Economic Perspectives, American Economic Association, vol. 21(2), pages 153-174, Spring.
    24. Manfred Milinski & Bettina Rockenbach, 2008. "Punisher pays," Nature, Nature, vol. 452(7185), pages 297-298, March.
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    Cited by:

    1. Bruno S. Frey, 2011. "Punishment – and Beyond," Contemporary Economics, University of Economics and Human Sciences in Warsaw., vol. 5(2), June.

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    More about this item

    JEL classification:

    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior
    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
    • 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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