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Differentiating Between First And Repeat Offenses

Author

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  • BRYAN C. McCANNON

Abstract

"I present a model where a regulator monitors compliance with a policy by a population of individuals, some of whom repeatedly prefer to violate the policy, while others only occasionally want to experiment. I show that the regulator can use sanctions, contingent on past violations of the policy, to differentiate between the agents and to improve welfare. Such punishment plans arise frequently in practice. As a result, a regulator prefers investing in enforcement rather than use maximal sanctions. "("JEL "K42, K14, L51) Copyright (c) 2008 Western Economic Association International.

Suggested Citation

  • BRYAN C. McCANNON, 2009. "Differentiating Between First And Repeat Offenses," Contemporary Economic Policy, Western Economic Association International, vol. 27(1), pages 76-85, January.
  • Handle: RePEc:bla:coecpo:v:27:y:2009:i:1:p:76-85
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    File URL: http://www.blackwell-synergy.com/doi/abs/10.1111/j.1465-7287.2008.00111.x
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    References listed on IDEAS

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    1. Polinsky, A Mitchell & Shavell, Steven, 1992. "Enforcement Costs and the Optimal Magnitude and Probability of Fines," Journal of Law and Economics, University of Chicago Press, vol. 35(1), pages 133-148, April.
    2. Polinsky, A Mitchell & Shavell, Steven, 1991. "A Note on Optimal Fines When Wealth Varies among Individuals," American Economic Review, American Economic Association, vol. 81(3), pages 618-621, June.
    3. Miceli Thomas J. & Bucci Catherine, 2005. "A Simple Theory of Increasing Penalties for Repeat Offenders," Review of Law & Economics, De Gruyter, vol. 1(1), pages 71-80, April.
    4. Emons, Winand, 2007. "Escalating penalties for repeat offenders," International Review of Law and Economics, Elsevier, vol. 27(2), pages 170-178.
    5. 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.
    6. Shavell, Steven, 1987. "The Optimal Use of Nonmonetary Sanctions as a Deterrent," American Economic Review, American Economic Association, vol. 77(4), pages 584-592, September.
    7. Shavell, Steven, 1992. "A note on marginal deterrence," International Review of Law and Economics, Elsevier, vol. 12(3), pages 345-355, September.
    8. Craswell, Richard & Calfee, John E, 1986. "Deterrence and Uncertain Legal Standards," Journal of Law, Economics, and Organization, Oxford University Press, vol. 2(2), pages 279-303, Fall.
    9. Kobayashi, Bruce H. & Lott, John Jr., 1992. "Low-probability-high-penalty enforcement strategies and the efficient operation of the plea-bargaining system," International Review of Law and Economics, Elsevier, vol. 12(1), pages 69-77, March.
    10. Leung, Siu Fai, 1995. "Dynamic Deterrence Theory," Economica, London School of Economics and Political Science, vol. 62(245), pages 65-87, February.
    11. 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.
    12. 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.
    13. Wilde, Louis L., 1992. "Criminal choice, nonmonetary sanctions and marginal deterrence: A normative analysis," International Review of Law and Economics, Elsevier, vol. 12(3), pages 333-344, September.
    14. Kolstad, Charles D & Ulen, Thomas S & Johnson, Gary V, 1990. "Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?," American Economic Review, American Economic Association, vol. 80(4), pages 888-901, September.
    15. repec:wsi:igtrxx:v:04:y:2002:i:01:n:s0219198902000550 is not listed on IDEAS
    16. Kaplow, Louis, 1992. "The optimal probability and magnitude of fines for acts that definitely are undesirable," International Review of Law and Economics, Elsevier, vol. 12(1), pages 3-11, March.
    17. Franzoni, Luigi Alberto, 1999. "Negotiated Enforcement and Credible Deterrence," Economic Journal, Royal Economic Society, vol. 109(458), pages 509-535, October.
    18. Kambhu, John, 1989. "Regulatory Standards, Noncompliance and Enforcement," Journal of Regulatory Economics, Springer, vol. 1(2), pages 103-114, June.
    19. John Kambhu, 1989. "Regulatory standards, noncompliance and enforcement," Research Paper 8902, Federal Reserve Bank of New York.
    20. Nash, John, 1991. "To make the punishment fit the crime: The theory and statistical estimation of a multi-period optimal deterrence model," International Review of Law and Economics, Elsevier, vol. 11(1), pages 101-110, May.
    21. Davis, Michael L, 1988. "Time and Punishment: An Intertemporal Model of Crime," Journal of Political Economy, University of Chicago Press, vol. 96(2), pages 383-390, April.
    22. Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-366, June.
    23. Burnovski, Moshe & Safra, Zvi, 1994. "Deterrence effects of sequential punishment policies: Should repeat offenders be more severely punished?," International Review of Law and Economics, Elsevier, vol. 14(3), pages 341-350, September.
    24. Susumu Imai & Hajime Katayama & Kala Krishna, 2006. "Crime and Young Men: The Role of Arrest, Criminal Experience, and Heterogeneity," NBER Working Papers 12221, National Bureau of Economic Research, Inc.
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    Citations

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    Cited by:

    1. Anderson, Lisa R. & DeAngelo, Gregory & Emons, Winand & Freeborn, Beth & Lang, Hannes, 2015. "Penalty Structures and Deterrence in a Two-Stage Model: Experimental Evidence," CEPR Discussion Papers 10576, C.E.P.R. Discussion Papers.
    2. repec:bla:scotjp:v:64:y:2017:i:5:p:467-482 is not listed on IDEAS
    3. Stan Miles & Derek Pyne, 2015. "Deterring repeat offenders with escalating penalty schedules: a Bayesian approach," Economics of Governance, Springer, vol. 16(3), pages 229-250, August.
    4. Thomas J. Miceli, 2012. "Escalating Interest in Escalating Penalties," Working papers 2012-08, University of Connecticut, Department of Economics.
    5. repec:bla:ecinqu:v:55:y:2017:i:4:p:1833-1867 is not listed on IDEAS

    More about this item

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • L51 - Industrial Organization - - Regulation and Industrial Policy - - - Economics of Regulation

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