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Escalating Penalties for Repeat Offenders

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  • Winand Emons

    (University of Bern)

Abstract

Agents may commit a crime twice. The act is inefficient so that the agents are to be deterred. Even if an agent is law abiding, they may still commit the act accidentally. The agents are wealth constrained. The government seeks to minimize the probability of apprehension. If the benefit from the crime is small, the optimal sanction scheme is decreasing in the number of offenses. In contrast, if the benefit is large, sanctions are increasing in the number of offenses. Increasing sanctions do not make the criminal track less attractive; they make honesty more attractive.

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Paper provided by American Law & Economics Association in its series American Law & Economics Association Annual Meetings with number 1005.

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Handle: RePEc:bep:alecam:1005

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  1. Winand Emons, 2004. "Subgame-Perfect Punishment for Repeat Offenders," Economic Inquiry, Western Economic Association International, vol. 42(3), pages 496-502, July.
  2. A. Mitchell Polinsky & Steven Shavell, 1999. "The Economic Theory of Public Enforcement of Law," NBER Working Papers 6993, National Bureau of Economic Research, Inc.
  3. Baik, Kyung Hwan & Kim, In-Gyu, 2001. "Optimal punishment when individuals may learn deviant values," International Review of Law and Economics, Elsevier, vol. 21(3), pages 271-285, September.
  4. Stigler, George J, 1970. "The Optimum Enforcement of Laws," Journal of Political Economy, University of Chicago Press, vol. 78(3), pages 526-36, May-June.
  5. Garoupa, Nuno, 1997. " The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-95, September.
  6. Rubinstein, Ariel, 1980. "On an anomaly of the deterrent effect of punishment," Economics Letters, Elsevier, vol. 6(1), pages 89-94.
  7. Emons, Winand, 2003. "A note on the optimal punishment for repeat offenders," International Review of Law and Economics, Elsevier, vol. 23(3), pages 253-259, September.
  8. Burnovski, Moshe & Safra, Zvi, 1994. "Deterrence effects of sequential punishment policies: Should repeat offenders be more severely punished?," International Review of Law and Economics, Elsevier, vol. 14(3), pages 341-350, September.
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Cited by:
  1. Loss, Frederic & Malavolti-Grimal, Estelle & Verge, Thibaud & Berges-Sennou, Fabian, 2008. "European competition policy modernization: From notifications to legal exception," European Economic Review, Elsevier, vol. 52(1), pages 77-98, January.
  2. Langlais, Eric, 2009. "les criminels aiment-ils le risque ?
    [Are criminals risk-seeking individulas ?]    ," MPRA Paper 14892, University Library of Munich, Germany.
  3. Alfred Endres & Bianca Rundshagen, 2012. "Escalating penalties: a supergame approach," Economics of Governance, Springer, vol. 13(1), pages 29-49, March.
  4. Tim Friehe, 2009. "Escalating penalties for repeat offenders: a note on the role of information," Journal of Economics, Springer, vol. 97(2), pages 165-183, June.

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