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A simple model of optimal deterrence and incapacitation

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  • Shavell, Steven

Abstract

The deterrence of crime and its reduction through incapacitation are studied in a simple multiperiod model of crime and law enforcement. Optimal imprisonment sanctions and the optimal probability of sanctions are determined. A point of emphasis is that the incapacitation of individuals is often socially desirable even when they are potentially deterrable. The reason is that successful deterrence may require a relatively high probability of sanctions and thus a relatively high enforcement expense. In contrast, incapacitation may yield benefits no matter how low the probability of sanctions is—implying that incapacitation may be superior to deterrence.

Suggested Citation

  • Shavell, Steven, 2015. "A simple model of optimal deterrence and incapacitation," International Review of Law and Economics, Elsevier, vol. 42(C), pages 13-19.
    • Handle: RePEc:eee:irlaec:v:42:y:2015:i:c:p:13-19
    DOI: 10.1016/j.irle.2014.11.005
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    References listed on IDEAS

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    1. Kessler, Daniel P & Levitt, Steven D, 1999. "Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 343-363, April.
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    3. 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.
    4. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    5. Ehrlich, Isaac, 1981. "On the Usefulness of Controlling Individuals: An Economic Analysis of Rehabilitation, Incapacitation, and Deterrence," American Economic Review, American Economic Association, vol. 71(3), pages 307-322, June.
    6. Miceli, Thomas J., 2010. "A model of criminal sanctions that incorporate both deterrence and incapacitation," Economics Letters, Elsevier, vol. 107(2), pages 205-207, May.
    7. Bentham, Jeremy, 1781. "An Introduction to the Principles of Morals and Legislation," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number bentham1781.
    8. Shavell, Steven, 1987. "A Model of Optimal Incapacitation," American Economic Review, American Economic Association, vol. 77(2), pages 107-110, May.
    9. Nuno Garoupa, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    10. Garoupa, Nuno, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    11. Levitt, Steven D. & Miles, Thomas J., 2007. "Empirical Study of Criminal Punishment," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 7, pages 455-495, Elsevier.
    12. Ehrlich, Isaac, 1973. "Participation in Illegitimate Activities: A Theoretical and Empirical Investigation," Journal of Political Economy, University of Chicago Press, vol. 81(3), pages 521-565, May-June.
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    Cited by:

    1. Rizzolli, Matteo & Tremewan, James, 2018. "Hard labor in the lab: Deterrence, non-monetary sanctions, and severe procedures," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 77(C), pages 107-121.
    2. Matteo Rizzolli & James Tremewan, 2016. "Hard Labour in the lab: Are monetary and non-monetary sanctions really substitutable?," Vienna Economics Papers vie1606, University of Vienna, Department of Economics.
    3. Matteo Rizzolli & James Tremewan, 2016. "Hard Labour in the lab: Are monetary and non-monetary sanctions really substitutable?," Vienna Economics Papers 1606, University of Vienna, Department of Economics.
    4. John D. Bessler, 2018. "The economist and the enlightenment: how Cesare Beccaria changed Western civilization," European Journal of Law and Economics, Springer, vol. 46(3), pages 275-302, December.

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    More about this item

    Keywords

    Crime; Deterrence; Incapacitation;
    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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