IDEAS home Printed from https://ideas.repec.org/a/eee/jeborg/v175y2020icp423-438.html

Let the punishment fit the criminal: An experimental study

Author

Listed:
  • Montag, Josef
  • Tremewan, James

Abstract

We use a laboratory experiment to study the extent to which people tailor levels of punishment to the subjective experience of the person to receive that punishment, for both monetary and non-monetary sanctions. We find that subjects tend to apply higher fines to wealthier individuals. Additionally, subjects assign more repetitions of a tedious task to those with a lower willingness to pay to avoid it. We find no evidence that the distributions of monetary and non-monetary punishments are different when considered as proportions of the maximum possible punishment, but that this does not hold when non-monetary punishments are converted into monetary equivalents. This suggests that subjects do not have in mind a particular level of disutility from the punishment, but rather are guided by the sentencing possibilities.

Suggested Citation

  • Montag, Josef & Tremewan, James, 2020. "Let the punishment fit the criminal: An experimental study," Journal of Economic Behavior & Organization, Elsevier, vol. 175(C), pages 423-438.
  • Handle: RePEc:eee:jeborg:v:175:y:2020:i:c:p:423-438
    DOI: 10.1016/j.jebo.2018.07.011
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0167268118301951
    Download Restriction: Full text for ScienceDirect subscribers only

    File URL: https://libkey.io/10.1016/j.jebo.2018.07.011?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    References listed on IDEAS

    as
    1. Devah Pager, 2003. "The mark of a criminal record," Natural Field Experiments 00319, The Field Experiments Website.
    2. Ernst Fehr & Urs Fischbacher, "undated". "Third Party Punishment and Social Norms," IEW - Working Papers 106, Institute for Empirical Research in Economics - University of Zurich.
    3. Wagner, Alexander K. & Granic, Dura-Georg, 2017. "Tie-Breaking Power in Committees," VfS Annual Conference 2017 (Vienna): Alternative Structures for Money and Banking 168187, Verein für Socialpolitik / German Economic Association.
    4. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    5. Nuno Garoupa & Hugh Gravelle, 2003. "Efficient Deterrence does not Require that the Wealthy should be Able to Buy Justice," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 159(3), pages 545-552, September.
    6. Hannah Schildberg-Hörisch & Christina Strassmair, 2012. "An Experimental Test of the Deterrence Hypothesis," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 28(3), pages 447-459, August.
    7. Ben Greiner, 2015. "Subject pool recruitment procedures: organizing experiments with ORSEE," Journal of the Economic Science Association, Springer;Economic Science Association, vol. 1(1), pages 114-125, July.
    8. Arlen, Jennifer H, 1992. "Should Defendants' Wealth Matter?," The Journal of Legal Studies, University of Chicago Press, vol. 21(2), pages 413-429, June.
    9. Shane Frederick, 2005. "Cognitive Reflection and Decision Making," Journal of Economic Perspectives, American Economic Association, vol. 19(4), pages 25-42, Fall.
    10. Baumann, Florian & Friehe, Tim, 2015. "Proof beyond a reasonable doubt: Laboratory evidence," DICE Discussion Papers 181, Heinrich Heine University Düsseldorf, Düsseldorf Institute for Competition Economics (DICE).
    11. Karl H.Schlag, 2015. "Who gives Direction to Statistical Testing? Best Practice meets Mathematically Correct Tests," Vienna Economics Papers vie1512, University of Vienna, Department of Economics.
    12. Weiss, Alexander & King, James E. & Inoue-Murayama, Miho & Matsuzawa, Tetsuro & Oswald, Andrew J., 2012. "Evidence for a ‘Midlife Crisis’ in Great Apes Consistent with the U-Shape in Human Well-Being," IZA Discussion Papers 7009, IZA Network @ LISER.
    13. Karl H.Schlag, 2015. "Who gives Direction to Statistical Testing? Best Practice meets Mathematically Correct Tests," Vienna Economics Papers 1512, University of Vienna, Department of Economics.
    14. Polinsky, A. Mitchell, 2006. "The optimal use of fines and imprisonment when wealth is unobservable," Journal of Public Economics, Elsevier, vol. 90(4-5), pages 823-835, May.
    15. Bronsteen, John & Buccafusco, Christopher & Masur, Jonathan S., 2014. "Happiness and the Law," University of Chicago Press Economics Books, University of Chicago Press, number 9780226075495, October.
    16. Fehr, Dietmar & Hakimov, Rustamdjan & Kübler, Dorothea, 2015. "The willingness to pay–willingness to accept gap: A failed replication of Plott and Zeiler," European Economic Review, Elsevier, vol. 78(C), pages 120-128.
    17. James Alm, 2012. "Measuring, explaining, and controlling tax evasion: lessons from theory, experiments, and field studies," International Tax and Public Finance, Springer;International Institute of Public Finance, vol. 19(1), pages 54-77, February.
    18. Karla Hoff & Mayuresh Kshetramade & Ernst Fehr, 2011. "Caste and Punishment: the Legacy of Caste Culture in Norm Enforcement," Economic Journal, Royal Economic Society, vol. 121(556), pages 449-475, November.
    19. Fliessbach, Klaus & Weber, Bernd & Trautner, P. & Dohmen, Thomas J. & Sunde, Uwe & Elger, C. E. & Falk, Armin, 2007. "Social comparison affects reward-related brain activity in the human ventral striatum," Munich Reprints in Economics 20362, University of Munich, Department of Economics.
    20. William Harbaugh & Naci Mocan & Michael Visser, 2013. "Theft and Deterrence," Journal of Labor Research, Springer, vol. 34(4), pages 389-407, December.
    21. David Gill & Victoria Prowse, 2012. "A Structural Analysis of Disappointment Aversion in a Real Effort Competition," American Economic Review, American Economic Association, vol. 102(1), pages 469-503, February.
    22. Matteo Rizzolli & Luca Stanca, 2012. "Judicial Errors and Crime Deterrence: Theory and Experimental Evidence," Journal of Law and Economics, University of Chicago Press, vol. 55(2), pages 311-338.
    23. Lott, John R, Jr, 1992. "Do We Punish High Income Criminals Too Heavily?," Economic Inquiry, Western Economic Association International, vol. 30(4), pages 583-608, October.
    24. Polinsky, A. Mitchell & Shavell, Steven, 1984. "The optimal use of fines and imprisonment," Journal of Public Economics, Elsevier, vol. 24(1), pages 89-99, June.
    25. Josef Montag & Tomas Sobek, 2014. "Should Paris Hilton Receive a Lighter Prison Sentence Because She’s Rich? An Experimental Study," CERGE-EI Working Papers wp516, The Center for Economic Research and Graduate Education - Economics Institute, Prague.
    26. Menusch Khadjavi, 2015. "On the Interaction of Deterrence and Emotions," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 31(2), pages 287-319.
    27. Charness, Gary & Cobo-Reyes, Ramón & Jiménez, Natalia, 2008. "An investment game with third-party intervention," Journal of Economic Behavior & Organization, Elsevier, vol. 68(1), pages 18-28, October.
    28. Levitt, Steven D., 1997. "Incentive compatibility constraints as an explanation for the use of prison sentences instead of fines," International Review of Law and Economics, Elsevier, vol. 17(2), pages 179-192, June.
    29. Feess, Eberhard & Schildberg-Hörisch, Hannah & Schramm, Markus & Wohlschlegel, Ansgar, 2018. "The impact of fine size and uncertainty on punishment and deterrence: Theory and evidence from the laboratory," Journal of Economic Behavior & Organization, Elsevier, vol. 149(C), pages 58-73.
    30. 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.
    31. Fišar, Miloš & Kubák, Matúš & Špalek, Jiři & Tremewan, James, 2016. "Gender differences in beliefs and actions in a framed corruption experiment," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 63(C), pages 69-82.
    32. Lott, John R, Jr, 1987. "Should the Wealthy Be Able to "Buy Justice"?," Journal of Political Economy, University of Chicago Press, vol. 95(6), pages 1307-1316, December.
    33. Leibbrandt, Andreas & López-Pérez, Raúl, 2012. "An exploration of third and second party punishment in ten simple games," Journal of Economic Behavior & Organization, Elsevier, vol. 84(3), pages 753-766.
    34. Jeffrey P. Carpenter & Peter Hans Matthews, 2012. "Norm Enforcement: Anger, Indignation, Or Reciprocity?," Journal of the European Economic Association, European Economic Association, vol. 10(3), pages 555-572, May.
    35. Rob M. A. Nelissen & Marcel Zeelenberg, 2009. "Moral emotions as determinants of third-party punishment: Anger, guilt, and the functions of altruistic sanctions," Judgment and Decision Making, Society for Judgment and Decision Making, vol. 4(7), pages 543-553, December.
    36. 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.
    37. Vivi Alatas & Lisa Cameron & Ananish Chaudhuri & Nisvan Erkal & Lata Gangadharan, 2009. "Gender, Culture, and Corruption: Insights from an Experimental Analysis," Southern Economic Journal, Southern Economic Association, vol. 75(3), pages 663-680, January.
    38. Helen Bernhard & Ernst Fehr & Urs Fischbacher, 2006. "Group Affiliation and Altruistic Norm Enforcement," American Economic Review, American Economic Association, vol. 96(2), pages 217-221, May.
    39. Timothy N. Cason & Charles R. Plott, 2014. "Misconceptions and Game Form Recognition: Challenges to Theories of Revealed Preference and Framing," Journal of Political Economy, University of Chicago Press, vol. 122(6), pages 1235-1270.
    40. Klaus Abbink & Benedikt Herrmann, 2011. "The Moral Costs Of Nastiness," Economic Inquiry, Western Economic Association International, vol. 49(2), pages 631-633, April.
    41. Jeffrey Carpenter & Peter Matthews, 2009. "What norms trigger punishment?," Experimental Economics, Springer;Economic Science Association, vol. 12(3), pages 272-288, September.
    42. Polinsky, A Mitchell & Shavell, Steven, 1991. "A Note on Optimal Fines When Wealth Varies among Individuals," American Economic Review, American Economic Association, vol. 81(3), pages 618-621, June.
    43. Urs Fischbacher, 2007. "z-Tree: Zurich toolbox for ready-made economic experiments," Experimental Economics, Springer;Economic Science Association, vol. 10(2), pages 171-178, June.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    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. Yui Law & Sinchit Lai & Ning Liu, 2025. "Leniency experiments: an evaluation of external validity," European Journal of Law and Economics, Springer, vol. 59(1), pages 19-76, February.
    3. Spyros Niavis & Dimitris Kallioras & George Vlontzos & Marie-Noelle Duquenne, 2021. "COVID-19 Pandemic and Lockdown Fine Optimality," Economies, MDPI, vol. 9(1), pages 1-26, March.
    4. 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.
    5. Daeyoung Jeong & Jeong Yeol Kim, 2026. "The Impact of Dual-agency Leniency Policy on Cartel Detection," Working papers 2026rwp-276, Yonsei University, Yonsei Economics Research Institute.
    6. DeAngelo, Gregory & Houser, Daniel & Romaniuc, Rustam, 2020. "Experimental public choice: An introduction to the special issue," Journal of Economic Behavior & Organization, Elsevier, vol. 175(C), pages 278-280.
    7. 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.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. 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.
    2. 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.
    3. 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.
    4. Feess, Eberhard & Schildberg-Hörisch, Hannah & Schramm, Markus & Wohlschlegel, Ansgar, 2018. "The impact of fine size and uncertainty on punishment and deterrence: Theory and evidence from the laboratory," Journal of Economic Behavior & Organization, Elsevier, vol. 149(C), pages 58-73.
    5. Guerra, Alice & Zhuravleva, Tatyana, 2021. "Do bystanders react to bribery?," Journal of Economic Behavior & Organization, Elsevier, vol. 185(C), pages 442-462.
    6. Christoph Engel, 2016. "Experimental Criminal Law. A Survey of Contributions from Law, Economics and Criminology," Discussion Paper Series of the Max Planck Institute for Behavioral Economics 2016_07, Max Planck Institute for Behavioral Economics.
    7. Markussen, Thomas & Putterman, Louis & Tyran, Jean-Robert, 2016. "Judicial error and cooperation," European Economic Review, Elsevier, vol. 89(C), pages 372-388.
    8. Zong, Jichuan & de Jong, Eelke & Qiu, Jianying & Li, Jing, 2025. "Socially appropriate intervention: A cross-country investigation of third-party norm enforcement," China Economic Review, Elsevier, vol. 94(PA).
    9. Robert Stüber, 2020. "The benefit of the doubt: willful ignorance and altruistic punishment," Experimental Economics, Springer;Economic Science Association, vol. 23(3), pages 848-872, September.
    10. Baumann, Florian & Benndorf, Volker & Friese, Maria, 2019. "Loss-induced emotions and criminal behavior: An experimental analysis," Journal of Economic Behavior & Organization, Elsevier, vol. 159(C), pages 134-145.
    11. Sven Hoeppner & Laura Lyhs, 2016. "Behavior Under Vague Standards: Evidence from the Laboratory," Jena Economics Research Papers 2016-010, Friedrich-Schiller-University Jena.
    12. Tim Friehe & Hannah Schildberg-Hörisch, 2018. "Predicting norm enforcement: the individual and joint predictive power of economic preferences, personality, and self-control," European Journal of Law and Economics, Springer, vol. 45(1), pages 127-146, February.
    13. Friehe, Tim & Schildberg-Hörisch, Hannah, 2017. "Self-control and crime revisited: Disentangling the effect of self-control on risk taking and antisocial behavior," International Review of Law and Economics, Elsevier, vol. 49(C), pages 23-32.
    14. Stüber, Robert, 2019. "The benefit of the doubt: Willful ignorance and altruistic punishment," Discussion Papers, Research Unit: Market Behavior SP II 2019-215, WZB Berlin Social Science Center.
    15. Matteo Migheli & Margherita Saraceno, 2023. "On the propensity to settle or litigate in laboratory disputes," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 40(2), pages 615-642, July.
    16. Feess, Eberhard & Schramm, Markus & Wohlschlegel, Ansgar, 2014. "The Impact of Fine Size and Uncertainty on Punishment and Deterrence: Evidence from the Laboratory," MPRA Paper 59463, University Library of Munich, Germany.
    17. Im, Changkuk & Lee, Jinkwon, 2022. "On the fragility of third-party punishment: The context effect of a dominated risky investment option," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 98(C).
    18. Donna Harris & Benedikt Herrmann & Andreas Kontoleon & Jonathan Newton, 2015. "Is it a norm to favour your own group?," Experimental Economics, Springer;Economic Science Association, vol. 18(3), pages 491-521, September.
    19. Goeschl, Timo & Jarke, Johannes, 2013. "Second vs. Third Party Punishment under Costly Monitoringː A New Experimental Method and Evidence," WiSo-HH Working Paper Series 6, University of Hamburg, Faculty of Business, Economics and Social Sciences, WISO Research Laboratory.
    20. Leibbrandt, Andreas & López-Pérez, Raúl, 2012. "An exploration of third and second party punishment in ten simple games," Journal of Economic Behavior & Organization, Elsevier, vol. 84(3), pages 753-766.

    More about this item

    Keywords

    ;
    ;
    ;
    ;

    JEL classification:

    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior
    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:jeborg:v:175:y:2020:i:c:p:423-438. See general information about how to correct material in RePEc.

    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 CitEc recognized a bibliographic reference but did not link an item in RePEc 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 RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Catherine Liu (email available below). General contact details of provider: http://www.elsevier.com/locate/jebo .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.