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On the Disutility and Discounting of Imprisonment and the Theory of Deterrence

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A. Mitchell Polinsky
Steven Shavell

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Abstract

This article studies the implications for the theory of deterrence of (a) the manner in" which individuals' disutility from imprisonment varies with the length of the imprisonment" term; and (b) discounting of the future disutility and future public costs of imprisonment. Two" questions are addressed: Is deterrence enhanced more by increasing the length of imprisonment" terms or instead by raising the likelihood of imposing imprisonment? What is the optimal" combination of the severity and probability of imprisonment sanctions?"

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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 6259.

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Date of creation: Nov 1997
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Handle: RePEc:nbr:nberwo:6259

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K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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  1. Richard Boylan & Cheryl Xiaoning Long, 2000. "Size, Monitoring and Plea Rate: An Examination of United States Attorneys," Econometric Society World Congress 2000 Contributed Papers 0089, Econometric Society. [Downloadable!]
  2. Horst Entorf, 2007. "Evaluation des Maßregelvollzugs: Grundzüge einer Kosten-Nutzen-Analyse," Darmstadt Discussion Papers in Economics 183, Institut für Volkswirtschaftslehre (Department of Economics), Technische Universität Darmstadt (Darmstadt University of Technology). [Downloadable!]
  3. Horst Entorf & Susanne Meyer, 2004. "Kosten und Nutzen des Strafvollzuges: Grundlagen im Rahmen einer rationalen Kriminalpolitik," Darmstadt Discussion Papers in Economics 129, Institut für Volkswirtschaftslehre (Department of Economics), Technische Universität Darmstadt (Darmstadt University of Technology). [Downloadable!]
  4. Johann Graf Lambsdorff & Mathias Nell, 2007. "Fighting Corruption with Asymmetric Penalties and Leniency," cege – Center for European, Governance and Economic Development Research Discussion Papers 59, cege – Center for European, Governance and Economic Development Research, University of Goettingen (Germany).. [Downloadable!]
  5. Avner Bar-Ilan & Bruce Sacerdote, 2001. "The Response to Fines and Probability of Detection in a Series of Experiments," NBER Working Papers 8638, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
  6. Daniel Kessler & Steven D. Levitt, 1998. "Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation," NBER Working Papers 6484, National Bureau of Economic Research, Inc. [Downloadable!] (restricted)
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  7. Alon Harel & Uzi Segal, 1999. "Criminal Law and Behavioral Law and Economics: Observations on the Neglected Role of Uncertainty in Deterring Crime," Berkeley Olin Program in Law & Economics, Working Paper Series 1014, Berkeley Olin Program in Law & Economics. [Downloadable!]
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  8. Dhammika Dharmapala & Nuno Garoupa, 2002. "Penalty Enhancement for Hate Crimes: An Economic Analysis," Working papers 2002-12, University of Connecticut, Department of Economics. [Downloadable!]
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  9. Alexander Klein, 2000. "Jail or Fine - Let Them Choose," Econometric Society World Congress 2000 Contributed Papers 0337, Econometric Society. [Downloadable!]
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