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Detection avoidance and deterrence: some paradoxical arithmetics

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  • Langlais, Eric

Abstract

This paper extends Malik's (1990) analysis to the case where criminals' avoidance efforts and public expenditures in the detection of criminals are strategic complements in the aggregate technology of control of illegal behaviours. In this set up, we show that whenever criminals' avoidance efforts are more sensitive to the frequency than to the severity of sanctions, it is always socially efficient to set the fine at the maximal possible level. However, several paradoxical consequences occur: there may exist overdeterrence at optimum; more repressive policies lead to less arrestations of offenders while more crimes may be committed; at the same time, the society may be closer to the first best number of crimes.

Suggested Citation

  • Langlais, Eric, 2006. "Detection avoidance and deterrence: some paradoxical arithmetics," MPRA Paper 1148, University Library of Munich, Germany, revised 10 Dec 2006.
    • Handle: RePEc:pra:mprapa:1148
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    References listed on IDEAS

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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. Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
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    7. Garoupa, Nuno, 2001. "Optimal magnitude and probability of fines," European Economic Review, Elsevier, vol. 45(9), pages 1765-1771, October.
    8. Lewin, Jeff L. & Trumbull, William N., 1990. "The social value of crime?," International Review of Law and Economics, Elsevier, vol. 10(3), pages 271-284, December.
    9. Neilson, William S. & Winter, Harold, 1997. "On criminals' risk attitudes," Economics Letters, Elsevier, vol. 55(1), pages 97-102, August.
    10. Neilson, William S, 1998. "Optimal Punishment Schemes with State-Dependent Preferences," Economic Inquiry, Western Economic Association International, vol. 36(2), pages 266-271, April.
    11. 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.
    12. Nuno Garoupa, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    13. Bebchuk, Lucian Arye & Kaplow, Louis, 1993. "Optimal sanctions and differences in individuals' likelihood of avoiding detection," International Review of Law and Economics, Elsevier, vol. 13(2), pages 217-224, June.
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    Cited by:

    1. Mungan, Murat C. & Samuel, Andrew, 2019. "Mimicking, errors, and the optimal standard of proof," Economics Letters, Elsevier, vol. 174(C), pages 18-21.
    2. Eric Langlais, 2009. "On the Ambiguous Effects of Repression," Annals of Economics and Statistics, GENES, issue 93-94, pages 327-348.
    3. Jensen, Sissel & Kvaløy, Ola & Olsen, Trond E. & Sorgard, Lars, 2013. "Crime and punishment: When tougher antitrust enforcement leads to higher overcharge," Discussion Paper Series in Economics 4/2013, Norwegian School of Economics, Department of Economics.
    4. Tim Friehe & Thomas J. Miceli, 2018. "On the role of the exclusionary rule for optimal law enforcement effort," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 20(5), pages 757-767, October.
    5. Tim Friehe & Thomas J. Miceli, 2017. "On Punishment Severity and Crime Rates," American Law and Economics Review, Oxford University Press, vol. 19(2), pages 464-485.
    6. Chopard, Bertrand & Langlais, Eric, 2009. "Défaut de paiement stratégique et loi sur les défaillances d'entreprises [Strategic default and bankruptcy law]," MPRA Paper 14366, University Library of Munich, Germany.
    7. Friehe, Tim & Utikal, Verena, 2018. "Intentions under cover – Hiding intentions is considered unfair," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 73(C), pages 11-21.
    8. Wielhouwer, Jacco L., 2013. "When is public enforcement of insider trading regulations effective?," International Review of Law and Economics, Elsevier, vol. 34(C), pages 52-60.
    9. Buechel, Berno & Feess, Eberhard & Muehlheusser, Gerd, 2020. "Optimal law enforcement with sophisticated and naïve offenders," Journal of Economic Behavior & Organization, Elsevier, vol. 177(C), pages 836-857.
    10. Florian Baumann & Tim Friehe, 2014. "Regulating harmless activity to fight crime," Journal of Economics, Springer, vol. 113(1), pages 79-95, September.
    11. Friehe, Tim, 2009. "Precaution v. avoidance: A comparison of liability rules," Economics Letters, Elsevier, vol. 105(3), pages 214-216, December.
    12. Dechenaux, Emmanuel & Samuel, Andrew, 2014. "Announced vs. surprise inspections with tipping-off," European Journal of Political Economy, Elsevier, vol. 34(C), pages 167-183.
    13. Ken Yahagi, 2018. "Private law enforcement with competing groups," Economics of Governance, Springer, vol. 19(3), pages 285-297, August.

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    More about this item

    Keywords

    deterrence; avoidance activities; optimal enforcement of law;
    All these keywords.

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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