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Deterrence and Incapacitation Models of Criminal Punishment: Can the Twain Meet?

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Author Info
Thomas J. Miceli (University of Connecticut)

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Abstract

The standard economic model of crime focuses on the goal of deterrence, but actual punishment schemes, most notably recent three-strikes laws, seem to rely more on imprisonment than is prescribed by that model. One explanation is that prison also serves an incapacitation function. The current paper seeks to develop an economic model of law enforcement that combines the deterrence and incapacitation motives for criminal punishment. The resulting hybrid model retains the rationality assumption that is the basis of the pure deterrence model, but assumes that offenders face repeated criminal opportunities over their lifetimes. In this setting, deterrence and incapacitation emerge naturally as complementary motivations for imposing criminal punishment.

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File URL: http://www.econ.uconn.edu/working/2009-25.pdf
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Publisher Info
Paper provided by University of Connecticut, Department of Economics in its series Working papers with number 2009-25.

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Length: 39 pages
Date of creation: Aug 2009
Date of revision:
Handle: RePEc:uct:uconnp:2009-25

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Related research
Keywords: Deterrence; incapacitation; law enforcement; prison;

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

This paper has been announced in the following NEP Reports:

References listed on IDEAS
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  1. Levitt, Steven D. & Miles, Thomas J., 2007. "Empirical Study of Criminal Punishment," Handbook of Law and Economics, Elsevier. [Downloadable!] (restricted)
  2. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May. [Downloadable!] (restricted)
  3. Thomas J. Miceli & Catherine Bucci, 2005. "A Simple Theory of Increasing Penalties for Repeat Offenders," Review of Law & Economics, Berkeley Electronic Press, vol. 1(1). [Downloadable!]
  4. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, Elsevier. [Downloadable!] (restricted)
  5. 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)
  6. 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. [Downloadable!] (restricted)
  7. 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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  8. Lott, John R, Jr, 1987. "Should the Wealthy Be Able to "Buy Justice"?," Journal of Political Economy, University of Chicago Press, vol. 95(6), pages 1307-16, December. [Downloadable!] (restricted)
  9. 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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  10. 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. [Downloadable!] (restricted)
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  11. Shavell, Steven, 1987. "A Model of Optimal Incapacitation," American Economic Review, American Economic Association, vol. 77(2), pages 107-10, May.
  12. 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)
  13. 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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This page was last updated on 2009-11-24.


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