A behavioral justification for escalating punishment schemes
The standard two-period law enforcement model is considered in a setting where individuals usually, but not exclusively, commit crimes only after comparing expected costs and benefits. Where escalating punishment schemes are present, there is an inherent value in keeping a clean criminal record; a person with a record may unintentionally become a repeat offender if he fails to exert self-control, and be punished more severely. If the punishment for repeat offenders is sufficiently high, one may rationally forgo the opportunity of committing a profitable crime today to avoid being sanctioned as a repeat offender in the future. Therefore, partial deterrence can be achieved at a very low cost through the use of escalating penalties, providing a behavioral justification for punishing repeat offenders more severely.
If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Matteo Rizzolli & Margherita Saraceno, 2013. "Better that ten guilty persons escape: punishment costs explain the standard of evidence," Public Choice, Springer, vol. 155(3), pages 395-411, June.
- Rasmusen, Eric, 1996.
"Stigma and Self-Fulfilling Expectations of Criminality,"
Journal of Law and Economics,
University of Chicago Press, vol. 39(2), pages 519-43, October.
- Rasmusen, E., 1992. "Stigma and Self-Fulfilling Expectations of Criminality," Papers 92-019, Indiana - Center for Econometric Model Research.
- Eric Rasmusen, 1995. "``Stigma and Self-Fulfilling Expectations of Criminality''," Law and Economics 9506001, EconWPA.
- Ted O' Donoghue & Matthew Rabin, 2001.
"Choice and Procrastination,"
- O'Donoghue, Ted & Rabin, Matthew, 2000. "Choice and Procrastination," Department of Economics, Working Paper Series qt5r26k54p, Department of Economics, Institute for Business and Economic Research, UC Berkeley.
- Ted O' Donoghue and Matthew Rabin., 2000. "Choice and Procrastination," Economics Working Papers E00-281, University of California at Berkeley.
- Polinsky, A. Mitchell & Shavell, Steven, 2007.
"The Theory of Public Enforcement of Law,"
Handbook of Law and Economics,
- A. Mitchell Polinsky & Steven Shavell, 2005. "The Theory of Public Enforcement of Law," NBER Working Papers 11780, National Bureau of Economic Research, Inc.
- A. Mitchell Polinsky & Steven Shavell, 2005. "The Theory of Public Enforcement of Law," Discussion Papers 05-004, Stanford Institute for Economic Policy Research.
- Emons, Winand, 2007.
"Escalating penalties for repeat offenders,"
International Review of Law and Economics,
Elsevier, vol. 27(2), pages 170-178.
- Emons, Winand, 2003. "Escalating Penalties for Repeat Offenders," CEPR Discussion Papers 4131, C.E.P.R. Discussion Papers.
- Winand Emons, 2003. "Escalating Penalties for Repeat Offenders," Diskussionsschriften dp0315, Universitaet Bern, Departement Volkswirtschaft.
- Winand Emons, . "Escalating Penalties for Repeat Offenders," American Law & Economics Association Annual Meetings 1005, American Law & Economics Association.
- Henrik Lando, 2006. "Does Wrongful Conviction Lower Deterrence?," The Journal of Legal Studies, University of Chicago Press, vol. 35(2), pages 327-337, 06.
- George J. Stigler, 1974.
"The Optimum Enforcement of Laws,"
in: Essays in the Economics of Crime and Punishment, pages 55-67
National Bureau of Economic Research, Inc.
- Png, I. P. L., 1986. "Optimal subsidies and damages in the presence of judicial error," International Review of Law and Economics, Elsevier, vol. 6(1), pages 101-105, June.
- Tim Friehe, 2009. "Escalating penalties for repeat offenders: a note on the role of information," Journal of Economics, Springer, vol. 97(2), pages 165-183, June.
- 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.
- Thomas J. Miceli & Catherine Bucci, 2004. "A Simple Theory of Increasing Penalties for Repeat Offenders," Working papers 2004-39, University of Connecticut, Department of Economics.
- 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.
- 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.
- Chu, C. Y. Cyrus & Hu, Sheng-cheng & Huang, Ting-yuan, 2000. "Punishing repeat offenders more severely," International Review of Law and Economics, Elsevier, vol. 20(1), pages 127-140, March.
- Polinsky, A. Mitchell & Shavell, Steven, 1998. "On offense history and the theory of deterrence," International Review of Law and Economics, Elsevier, vol. 18(3), pages 305-324, September.
- 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.
- Murat C. Mungan, 2011. "A Utilitarian Justification for Heightened Standards of Proof in Criminal Trials," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 167(2), pages 352-370, June.
- Cooter, Robert D., 1991. "Lapses, conflict, and akrasia in torts and crimes: Towards an economic theory of the will," International Review of Law and Economics, Elsevier, vol. 11(2), pages 149-164, September.
- Funk, Patricia, 2004. "On the effective use of stigma as a crime-deterrent," European Economic Review, Elsevier, vol. 48(4), pages 715-728, August.
- Thomas J. Miceli, 2012. "Escalating Interest in Escalating Penalties," Working papers 2012-08, University of Connecticut, Department of Economics.
- Nuno Garoupa & Matteo Rizzolli, 2012. "Wrongful Convictions Do Lower Deterrence," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 168(2), pages 224-231, June.
When requesting a correction, please mention this item's handle: RePEc:eee:irlaec:v:37:y:2014:i:c:p:189-197. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Zhang, Lei)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.