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Deterrence, Incapacitation, and Repeat Offenders

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Author Info
Thomas J. Miceli (University of Connecticut)

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Abstract

This paper develops an economic model of criminal enforcement that combines the goals of deterrence and incapacitation. Potential offenders commit an initial criminal act if the present value of net private gains is positive. A fraction of these offenders become habitual and commit further crimes immediately upon release from their initial prison term (if any). The optimal punishment scheme in this setting generally involves a finite prison term for first-time offenders (based on the goal of deterrence), and an infinite (life) sentence for repeat offenders (based on the goal of incapacitation).

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File URL: http://www.econ.uconn.edu/working/2008-44.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Working papers with number 2008-44.

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Length: 21 pages
Date of creation: Oct 2008
Date of revision:
Handle: RePEc:uct:uconnp:2008-44

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Related research
Keywords: Deterrence; incapacitation; prison; repeat offenders;

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Find related papers by JEL classification:
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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  1. Thomas J. Miceli & Catherine Bucci, 2004. "A Simple Theory of Increasing Penalties for Repeat Offenders," Working papers 2004-39, University of Connecticut, Department of Economics. [Downloadable!]
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  2. Gary S. Becker, 1968. "Crime and Punishment: An Economic Approach," Journal of Political Economy, University of Chicago Press, vol. 76, pages 169. [Downloadable!] (restricted)
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  3. Ehrlich, Isaac, 1981. "On the Usefulness of Controlling Individuals: An Economic Analysis of Rehabilitation, Incapacitation, and Deterrence," American Economic Review, American Economic Association, vol. 71(3), pages 307-22, June. [Downloadable!] (restricted)
  4. Chu, C. Y. Cyrus & Hu, Sheng-cheng & Huang, Ting-yuan, 2000. "Punishing repeat offenders more severely," International Review of Law and Economics, Elsevier, vol. 20(1), pages 127-140, March. [Downloadable!] (restricted)
  5. Kessler, Daniel P & Levitt, Steven D, 1999. "Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation," Journal of Law & Economics, University of Chicago Press, vol. 42(1), pages 343-63, April.
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  6. 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. [Downloadable!] (restricted)
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  7. Davis, Michael L, 1988. "Time and Punishment: An Intertemporal Model of Crime," Journal of Political Economy, University of Chicago Press, vol. 96(2), pages 383-90, April. [Downloadable!] (restricted)
  8. Loury, Glenn C, 1979. "Market Structure and Innovation," The Quarterly Journal of Economics, MIT Press, vol. 93(3), pages 395-410, August. [Downloadable!] (restricted)
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  9. Shavell, Steven, 1987. "A Model of Optimal Incapacitation," American Economic Review, American Economic Association, vol. 77(2), pages 107-10, May.
  10. Mitchell Polinsky, A. & Rubinfeld, Daniel L., 1991. "A model of optimal fines for repeat offenders," Journal of Public Economics, Elsevier, vol. 46(3), pages 291-306, December. [Downloadable!] (restricted)
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