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Deterred or Detained? A Unified Model of Criminal Punishment

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  • Miceli Thomas J.

    (University of Connecticut)

Abstract

The standard economic model of crime since Becker (1968) is primarily concerned with deterrence, but actual punishment policies appear to rely on imprisonment to a greater extent than is prescribed by that model. One reason may be the incapacitation function of prison. The model developed in this paper seeks to incorporate incapacitation into the standard model. A key finding of the hybrid model is that when prison is the only form of punishment and the probability of apprehension is fixed, incapacitation can result in a longer or a shorter optimal prison term compared to the deterrence-only model. Other aspects of the standard model are studied within the context of the hybrid model.

Suggested Citation

  • Miceli Thomas J., 2012. "Deterred or Detained? A Unified Model of Criminal Punishment," Review of Law & Economics, De Gruyter, vol. 8(1), pages 1-20, March.
    • Handle: RePEc:bpj:rlecon:v:8:y:2012:i:1:n:1
    DOI: 10.1515/1555-5879.1603
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    1. 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.
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    Cited by:

    1. Ullman, Darin F., 2016. "Locked and not loaded: First time offenders and state ignition interlock programs," International Review of Law and Economics, Elsevier, vol. 45(C), pages 1-13.
    2. Cain Michael, 2016. "An Economic Assessment of Criminal Behaviour," Review of Law & Economics, De Gruyter, vol. 12(1), pages 77-94, March.

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    More about this item

    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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