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Let the Punishment Fit the Criminal

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  • Donna, Javier
  • Espin Sanchez, Jose

Abstract

We investigate the role of punishment progressivity and individual characteristics in the determination of crime. To analyze welfare implications we model individuals’ re- sponse to judges’ optimal punishment in a dynamic setting. We introduce two distinctive features motivated by our empirical setting. First, judges rarely imposes maximum pun- ishment for first time offenders. Instead, we observe low fines (or just a warning) even when crime detection technology is efficient and punishment is not costly. We account for this by allowing an unobservable (to the judge) individual state to be correlated with a public signal (the environment). This generates an optimal punishment that is conditional on individual observables. Second, judges punishments follow a progressive system: con- ditioning on type, recidivists are punished harsher than first-time offenders for the same crime. We account for these dynamics by introducing a persistent unobservable (to the judge) component. Judges update their beliefs about individuals depending on whether they committed a crime in the previous period; this gives rise to progressivity in the opti- mal punishment system. For the empirical analysis we examine a novel trial data set from a self-governed community of farmers in Southern Spain. We find that judges vary the degree of imposed punishments based on individual characteristics—such as when victims or accused have a Don honorific title indicating they are wealthy. Recidivists are punished harsher than first time offenders.

Suggested Citation

  • Donna, Javier & Espin Sanchez, Jose, 2014. "Let the Punishment Fit the Criminal," MPRA Paper 67003, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:67003
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    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. Donna, Javier & Espin-Sanchez, Jose, 2014. "Complements and Substitutes in Sequential Auctions: The Case of Water Auctions," MPRA Paper 55079, University Library of Munich, Germany.
    3. Garrido, Samuel, 2011. "Fixed-rent contracts and investment incentives. A comparative analysis of English tenant right," Explorations in Economic History, Elsevier, vol. 48(1), pages 66-82, January.
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    Cited by:

    1. Donna, Javier & Espin-Sanchez, Jose, 2014. "Complements and Substitutes in Sequential Auctions: The Case of Water Auctions," MPRA Paper 55079, University Library of Munich, Germany.

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    More about this item

    Keywords

    Auctions; Contracts; Crime; Fines; Punishment;
    All these keywords.

    JEL classification:

    • C13 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods and Methodology: General - - - Estimation: General
    • D44 - Microeconomics - - Market Structure, Pricing, and Design - - - Auctions
    • 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
    • L14 - Industrial Organization - - Market Structure, Firm Strategy, and Market Performance - - - Transactional Relationships; Contracts and Reputation

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