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Optimal Imprisonment with General Enforcement of Law

Author

Listed:
  • D’Antoni Massimo

    (University of Siena, Siena, Italy)

  • Friehe Tim

    (University of Marburg, Marburg, Germany)

  • Tabbach Avraham

    (Tel-Aviv University, Tel Aviv, Israel)

Abstract

We study the optimal use of imprisonment when enforcement efforts are general (i.e. when the probability of detection is common for a range of acts). In contrast to the conventional wisdom that optimal imprisonment rises with the act’s harmfulness and is equal to the maximum level only for the most harmful acts, we show that – when the distribution of criminal benefits exhibits a standard monotone hazard rate – optimal imprisonment can only be zero or maximal. Thus, having general as opposed to specific enforcement effort does not alter the fact that only extreme sanction levels should optimally be employed.

Suggested Citation

  • D’Antoni Massimo & Friehe Tim & Tabbach Avraham, 2023. "Optimal Imprisonment with General Enforcement of Law," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 23(2), pages 537-545, April.
    • Handle: RePEc:bpj:bejeap:v:23:y:2023:i:2:p:537-545:n:12
    DOI: 10.1515/bejeap-2022-0420
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    References listed on IDEAS

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    1. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 2, number 2.
    2. Nuno Garoupa, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    3. Shavell, Steven, 1991. "Specific versus General Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 99(5), pages 1088-1108, October.
    4. Kaplow, Louis, 1990. "A note on the optimal use of nonmonetary sanctions," Journal of Public Economics, Elsevier, vol. 42(2), pages 245-247, July.
    5. Diamond, Peter A, 1998. "Optimal Income Taxation: An Example with a U-Shaped Pattern of Optimal Marginal Tax Rates," American Economic Review, American Economic Association, vol. 88(1), pages 83-95, March.
    6. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
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    More about this item

    Keywords

    imprisonment; general enforcement; maximal sanctions;
    All these keywords.

    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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