IDEAS home Printed from https://ideas.repec.org/a/eee/pubeco/v93y2009i1-2p73-84.html
   My bibliography  Save this article

Crime, punishment, and prejudice

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0047-2727(08)00118-7
    Download Restriction: Full text for ScienceDirect subscribers only
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Raphael, Steven & Winter-Ember, Rudolf, 2001. "Identifying the Effect of Unemployment on Crime," Journal of Law and Economics, University of Chicago Press, vol. 44(1), pages 259-283, April.
    2. Georgakopoulos, Nicholas L., 2004. "Self-fulfilling impressions of criminality: unintentional race profiling," International Review of Law and Economics, Elsevier, vol. 24(2), pages 169-190, June.
    3. 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.
    4. Jeffrey Grogger, 1995. "The Effect of Arrests on the Employment and Earnings of Young Men," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 110(1), pages 51-71.
    5. 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.
    6. David Bjerk, 2007. "Racial Profiling, Statistical Discrimination, and the Effect of a Colorblind Policy on the Crime Rate," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 9(3), pages 521-545, June.
    7. Holzer, Harry J & Raphael, Steven & Stoll, Michael A, 2006. "Perceived Criminality, Criminal Background Checks, and the Racial Hiring Practices of Employers," Journal of Law and Economics, University of Chicago Press, vol. 49(2), pages 451-480, October.
    8. Nagin, Daniel & Waldfogel, Joel, 1998. "The Effect of Conviction on Income Through the Life Cycle," International Review of Law and Economics, Elsevier, vol. 18(1), pages 25-40, March.
    9. Emons, Winand, 2007. "Escalating penalties for repeat offenders," International Review of Law and Economics, Elsevier, vol. 27(2), pages 170-178.
    10. Grogger, Jeff, 1998. "Market Wages and Youth Crime," Journal of Labor Economics, University of Chicago Press, vol. 16(4), pages 756-791, October.
    11. Samuel L. Myers, 1983. "Estimating the Economic Model of Crime: Employment Versus Punishment Effects," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 98(1), pages 157-166.
    12. Sah, Raaj K, 1991. "Social Osmosis and Patterns of Crime," Journal of Political Economy, University of Chicago Press, vol. 99(6), pages 1272-1295, December.
    13. Coate, Stephen & Loury, Glenn C, 1993. "Will Affirmative-Action Policies Eliminate Negative Stereotypes?," American Economic Review, American Economic Association, vol. 83(5), pages 1220-1240, December.
    14. John Knowles & Nicola Persico & Petra Todd, 2001. "Racial Bias in Motor Vehicle Searches: Theory and Evidence," Journal of Political Economy, University of Chicago Press, vol. 109(1), pages 203-232, February.
    15. Lott, John R, Jr, 1992. "An Attempt at Measuring the Total Monetary Penalty from Drug Convictions: The Importance of an Individual's Reputation," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 159-187, January.
    16. Thierry Verdier & Yves Zenou, 2004. "Racial Beliefs, Location, And The Causes Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 45(3), pages 731-760, August.
    17. 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.
    18. 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.
    19. Bar-Ilan, Avner & Sacerdote, Bruce, 2004. "The Response of Criminals and Noncriminals to Fines," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 1-17, April.
    20. Phelps, Edmund S, 1972. "The Statistical Theory of Racism and Sexism," American Economic Review, American Economic Association, vol. 62(4), pages 659-661, September.
    21. Nicola Persico, 2002. "Racial Profiling, Fairness, and Effectiveness of Policing," American Economic Review, American Economic Association, vol. 92(5), pages 1472-1497, December.
    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. Marceau, Nicolas & Mongrain, Steeve, 2011. "Competition in law enforcement and capital allocation," Journal of Urban Economics, Elsevier, vol. 69(1), pages 136-147, January.
    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.

    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. Paolo Buonanno, 2003. "The Socioeconomic Determinants of Crime. A Review of the Literature," Working Papers 63, University of Milano-Bicocca, Department of Economics, revised Nov 2003.
    2. Kwabena Gyimah-Brempong, 2007. "Crime and Race: A Plea for New Ideas," The Review of Black Political Economy, Springer;National Economic Association, vol. 34(3), pages 173-185, December.
    3. O’Flaherty, Brendan & Sethi, Rajiv, 2015. "Urban Crime," Handbook of Regional and Urban Economics, in: Gilles Duranton & J. V. Henderson & William C. Strange (ed.), Handbook of Regional and Urban Economics, edition 1, volume 5, chapter 0, pages 1519-1621, Elsevier.
    4. Kangoh Lee, 2018. "Unemployment and crime: the role of apprehension," European Journal of Law and Economics, Springer, vol. 45(1), pages 59-80, February.
    5. Kenneth Avio, 1998. "The Economics of Prisons," European Journal of Law and Economics, Springer, vol. 6(2), pages 143-175, September.
    6. Thierry Verdier & Yves Zenou, 2004. "Racial Beliefs, Location, And The Causes Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 45(3), pages 731-760, August.
    7. Bedard, Kelly & Helland, Eric, 2004. "The location of women's prisons and the deterrence effect of "harder" time," International Review of Law and Economics, Elsevier, vol. 24(2), pages 147-167, June.
    8. Baumann, Florian & Friehe, Tim, 2015. "Status concerns as a motive for crime?," International Review of Law and Economics, Elsevier, vol. 43(C), pages 46-55.
    9. Paolo Buonanno, 2006. "Crime, Education and Peer Pressure," Rivista di Politica Economica, SIPI Spa, vol. 96(5), pages 89-110, September.
    10. Paolo Buonanno, 2006. "Crime and Labour Market Opportunities in Italy (1993–2002)," LABOUR, CEIS, vol. 20(4), pages 601-624, December.
    11. David B. Mustard, 2010. "Labor Markets and Crime: New Evidence on an Old Puzzle," Chapters, in: Bruce L. Benson & Paul R. Zimmerman (ed.), Handbook on the Economics of Crime, chapter 14, Edward Elgar Publishing.
    12. Bandyopadhyay Siddhartha & Chatterjee Kalyan, 2010. "Crime Reporting: Profiling and Neighbourhood Observation," The B.E. Journal of Theoretical Economics, De Gruyter, vol. 10(1), pages 1-24, March.
    13. Anna Bonanno, 2006. "The economic analysis of offender’s choice: Old and new insights," International Review of Economics, Springer;Happiness Economics and Interpersonal Relations (HEIRS), vol. 53(2), pages 193-224, June.
    14. Cesar Alonso & Nuno Garoupa & Marcelo Perera & Pablo Vazquez, 2008. "Immigration and Crime in Spain, 1999-2006," Working Papers 2008-34, FEDEA.
    15. Darolia, Rajeev & Mueser, Peter & Cronin, Jacob, 2021. "Labor market returns to a prison GED," Economics of Education Review, Elsevier, vol. 82(C).
    16. Sarnikar, Supriya & Sorensen, Todd A. & Oaxaca, Ronald L., 2007. "Do You Receive a Lighter Prison Sentence Because You Are a Woman? An Economic Analysis of Federal Criminal Sentencing Guidelines," IZA Discussion Papers 2870, Institute of Labor Economics (IZA).
    17. Gaurav Khanna & Carlos Medina & Anant Nyshadham & Jorge Tamayo & Nicolas Torres, 2023. "Formal Employment and Organised Crime: Regression Discontinuity Evidence from Colombia," The Economic Journal, Royal Economic Society, vol. 133(654), pages 2427-2448.
    18. Paolo Buonanno, 2003. "Identifying the Effect of Education on Crime. Evidence from the Italian Regions," Working Papers 65, University of Milano-Bicocca, Department of Economics, revised Nov 2003.
    19. D'Este, Rocco, 2014. "The Effect of Stolen Goods Markets on Crime: Evidence from a Quasi Natural Experiment," Economic Research Papers 270415, University of Warwick - Department of Economics.
    20. Dragan Ilić, 2013. "Marginally discriminated: the role of outcome tests in European jurisdiction," European Journal of Law and Economics, Springer, vol. 36(2), pages 271-294, October.

    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:pubeco:v:93:y:2009:i:1-2:p:73-84. 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/inca/505578 .

    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.