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Crime, punishment, and prejudice

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  • Curry, Philip A.
  • Klumpp, Tilman

Abstract

We examine the link between the penalties used to punish convicted criminals and judicial prejudice against defendants. In our model, agents choose to commit crimes if their privately observed utility from doing so is high enough. A crime generates noisy evidence, and defendants are convicted when the realized amount of evidence is sufficiently strong to establish the probability of guilt beyond a fixed threshold. We show that if convicted offenders are incarcerated, poorer individuals face a strong prior prejudice in trials and are therefore convicted with less evidence than richer individuals. At the same time, they commit crimes more frequently. Penalties such as monetary fines can eliminate this bias, but may also reverse it. We fully characterize the penalty schedule that guarantees an unbiased equilbrium. We extend the model such that agents also differ in characteristics such as race or gender. We show biased outcomes (targeted at subgroups of the population) may still exist, even if all members of the population are ex-ante alike in their economic characteristics.

Suggested Citation

  • Curry, Philip A. & Klumpp, Tilman, 2009. "Crime, punishment, and prejudice," Journal of Public Economics, Elsevier, vol. 93(1-2), pages 73-84, February.
    • Handle: RePEc:eee:pubeco:v:93:y:2009:i:1-2:p:73-84
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    2. Francisco J.M Costa & João S. De Faria & Felipe S. Iachan & Bárbara Caballero, 2018. "Homicides and the Age of Criminal Responsibility: A Density Discontinuity Approach," Economía Journal, The Latin American and Caribbean Economic Association - LACEA, vol. 0(Fall 2018), pages 59-92, November.
    3. David Bjerk, 2021. "Socially Optimal Plea Bargaining With Costly Trials And Bayesian Juries," Economic Inquiry, Western Economic Association International, vol. 59(1), pages 263-279, January.
    4. Jeffrey Penney & Steven Lehrer & Emilia Galan, 2024. "Mandatory minimum sentencing and its effect on sentencing distributions: Evidence from Canada," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 57(1), pages 55-77, February.
    5. Howard Bodenhorn & Carolyn Moehling & Gregory N. Price, 2012. "Short Criminals: Stature and Crime in Early America," Journal of Law and Economics, University of Chicago Press, vol. 55(2), pages 393-419.
    6. Tilman Klumpp & Xuejuan Su, 2013. "A theory of perceived discrimination," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 53(1), pages 153-180, May.
    7. Stéphane Mechoulan & Nicolas Sahuguet, 2015. "Assessing Racial Disparities in Parole Release," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 39-74.
    8. Lundberg, Alexander & Mungan, Murat, 2022. "The effect of evidentiary rules on conviction rates," Journal of Economic Behavior & Organization, Elsevier, vol. 203(C), pages 563-576.
    9. Sahuguet, Nicolas & Mechoulan, Stéphane, 2011. "Assessing Racial Discrimination in Parole Release," CEPR Discussion Papers 8506, C.E.P.R. Discussion Papers.

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