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Repeat offenders: If they learn, we punish them more severely

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  • Mungan, Murat C.

Abstract

Many legal systems are designed to punish repeat offenders more severely than first time offenders. However, existing economic literature generally offers either mixed or qualified results regarding optimal punishment of repeat offenders. This paper analyzes optimal punishment schemes in a two period model, where the social planner announces possibly different sanctions for offenders based on their detection history. When offenders learn how to evade the detection mechanism employed by the government, escalating punishments can be optimal. The contributions of this paper can be listed as follows: First, it identifies and formalizes a source which may produce a marginal effect in the direction of punishing repeat offenders more severely, namely learning. Next, it identifies conditions under which the tendency in legal systems to punish repeat offenders more severely is justified. Overall, the findings suggest that traditional variables identified so far in the literature are not the only relevant ones in deciding how repeat offenders should be punished, and that learning dynamics should also be taken into account.

Suggested Citation

  • Mungan, Murat C., 2010. "Repeat offenders: If they learn, we punish them more severely," International Review of Law and Economics, Elsevier, vol. 30(2), pages 173-177, June.
    • Handle: RePEc:eee:irlaec:v:30:y:2010:i:2:p:173-177
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    References listed on IDEAS

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    Cited by:

    1. Saori Chiba & Kaiwen Leong, 2016. "Behavioral Economics of Crime Rates and Punishment Levels," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 172(4), pages 727-754, December.
    2. Yahagi, Ken & Yamaguchi, Yohei, 2023. "Law enforcement with rent-seeking government under voting pressure," International Review of Law and Economics, Elsevier, vol. 73(C).
    3. Lisa R. Anderson & Gregory DeAngelo & Winand Emons & Beth Freeborn & Hannes Lang, 2017. "Penalty Structures And Deterrence In A Two-Stage Model: Experimental Evidence," Economic Inquiry, Western Economic Association International, vol. 55(4), pages 1833-1867, October.
    4. Simundza Daniel, 2016. "When Should Governments Reveal Criminal Histories?," Review of Law & Economics, De Gruyter, vol. 12(2), pages 311-331, July.
    5. Mohamad Khattar Awad & Bashar Zogheib & Hamed M.K. Alazemi, 2016. "On the optimality of escalating penalties for repeat offences against the academic honour code," Applied Economics, Taylor & Francis Journals, vol. 48(7), pages 553-562, February.
    6. Echazu, Luciana & Nocetti, Diego, 2019. "Understanding risky behaviors during adolescence: A model of self-discovery through experimentation," International Review of Law and Economics, Elsevier, vol. 57(C), pages 12-21.
    7. Baumann, Florian & Friehe, Tim, 2012. "Self-report to self-control? A note," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 41(5), pages 727-729.
    8. Hajime Shimao & Mayuko Nakamaru, 2013. "Strict or Graduated Punishment? Effect of Punishment Strictness on the Evolution of Cooperation in Continuous Public Goods Games," PLOS ONE, Public Library of Science, vol. 8(3), pages 1-10, March.
    9. Thomas J. Miceli, 2012. "Escalating Interest in Escalating Penalties," Working papers 2012-08, University of Connecticut, Department of Economics.
    10. Miles Stan & Pyne Derek, 2017. "The Economics of Scams," Review of Law & Economics, De Gruyter, vol. 13(1), pages 1-18, March.
    11. Mungan, Murat C., 2011. "Welfare enhancing regulation exemptions," International Review of Law and Economics, Elsevier, vol. 31(4), pages 249-255.
    12. Alfred Endres & Bianca Rundshagen, 2012. "Escalating penalties: a supergame approach," Economics of Governance, Springer, vol. 13(1), pages 29-49, March.
    13. Mungan, Murat C., 2014. "A behavioral justification for escalating punishment schemes," International Review of Law and Economics, Elsevier, vol. 37(C), pages 189-197.
    14. Mungan, Murat C., 2017. "Reducing crime through expungements," Journal of Economic Behavior & Organization, Elsevier, vol. 137(C), pages 398-409.
    15. Mungan Murat C., 2013. "Optimal Warning Strategies: Punishment Ought Not to Be Inflicted Where the Penal Provision Is Not Properly Conveyed," Review of Law & Economics, De Gruyter, vol. 9(3), pages 303-339, November.
    16. Wolfgang Eggert & Steffen Minter & Maximilian Stephan & Handirk Ungern-Sternberg, 2017. "Sanctions for repeat offenders: a question of wealth?," Scottish Journal of Political Economy, Scottish Economic Society, vol. 64(5), pages 467-482, November.
    17. Allard van der Made, 2019. "Graduated Punishments in Public Good Games," Southern Economic Journal, John Wiley & Sons, vol. 85(3), pages 939-959, January.
    18. 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.
    19. Alex Raskolnikov, 2020. "Criminal Deterrence: A Review of the Missing Literature," Supreme Court Economic Review, University of Chicago Press, vol. 28(1), pages 1-59.
    20. Solan, Eilon & Zhao, Chang, 2021. "Dynamic monitoring under resource constraints," Games and Economic Behavior, Elsevier, vol. 129(C), pages 476-491.

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