Crime, punishment, and prejudice
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.
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- A. Mitchell Polinsky & Steven Shavell, 1982.
"The Optimal Use of Fines and Imprisonment,"
NBER Working Papers
0932, National Bureau of Economic Research, Inc.
- Winand Emons, 2003.
"Escalating Penalties for Repeat Offenders,"
dp0315, Universitaet Bern, Departement Volkswirtschaft.
- Emons, Winand, 2003. "Escalating Penalties for Repeat Offenders," CEPR Discussion Papers 4131, C.E.P.R. Discussion Papers.
- Winand Emons, . "Escalating Penalties for Repeat Offenders," American Law & Economics Association Annual Meetings 1005, American Law & Economics Association.
- 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 259-83, April.
- Raphael, Steven & WINTER-EBMER, RUDOLF, 1998. "Identifying the Effect of Unemployment on Crime," University of California at San Diego, Economics Working Paper Series qt5hb4h56g, Department of Economics, UC San Diego.
- Raphael, Steven & Winter-Ebmer, Rudolf, 1999. "Identifying the Effect of Unemployment on Crime," CEPR Discussion Papers 2129, C.E.P.R. Discussion Papers.
- 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.
- 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, 06.
- David Bjerk, 2004. "Racial Profiling, Statistical Discrimination, and the Effect of a Colorblind Policy on the Crime Rate," Department of Economics Working Papers 2004-11, McMaster University.
- Gary S. Becker, 1974.
"Crime and Punishment: An Economic Approach,"
in: Essays in the Economics of Crime and Punishment, pages 1-54
National Bureau of Economic Research, Inc.
- 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.
- Sah, R.K., 1990.
"Social Osmosis And Patterns Of Crime: A Dynamic Economic Analysis,"
609, Yale - Economic Growth Center.
- Jeffrey Grogger, 1995. "The Effect of Arrests on the Employment and Earnings of Young Men," The Quarterly Journal of Economics, Oxford University Press, vol. 110(1), pages 51-71.
- Verdier, Thierry & Zenou, Yves, 2003.
"Racial Beliefs, Location and the Causes of Crime,"
Working Paper Series
602, Research Institute of Industrial Economics.
- Verdier, T. & Zenou, Y., 2001. "Racial beliefs, location and the causes of crime," Discussion Paper Series In Economics And Econometrics 0101, Economics Division, School of Social Sciences, University of Southampton.
- Verdier, Thierry & Zenou, Yves, 2000. "Racial Beliefs, Location And The Causes Of Crime," CEPR Discussion Papers 2455, C.E.P.R. Discussion Papers.
- Verdier, T. & Zenou, Y., 2000. "Racial Beliefs , Location and the Causes of Crime," DELTA Working Papers 2000-26, DELTA (Ecole normale supérieure).
- Daniel Nagin & Joel Waldfogel, 1993.
"The Effect of Convicton on Income Through the Life Cycle,"
NBER Working Papers
4551, National Bureau of Economic Research, Inc.
- 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.
- Samuel L. Myers, 1983. "Estimating the Economic Model of Crime: Employment Versus Punishment Effects," The Quarterly Journal of Economics, Oxford University Press, vol. 98(1), pages 157-166.
- Phelps, Edmund S, 1972. "The Statistical Theory of Racism and Sexism," American Economic Review, American Economic Association, vol. 62(4), pages 659-61, September.
- 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.
- Jeff Grogger, 1997.
"Market Wages and Youth Crime,"
NBER Working Papers
5983, National Bureau of Economic Research, Inc.
- 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 451-80, October.
- 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.
- 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 159-87, January.
- Coate, S. & Loury, G.C., 1992.
"Will Affirmative Action Policies Eliminate Negative Stereotypes?,"
3, Boston University - Department of Economics.
- Coate, Stephen & Loury, Glenn C, 1993. "Will Affirmative-Action Policies Eliminate Negative Stereotypes?," American Economic Review, American Economic Association, vol. 83(5), pages 1220-40, December.
- Nicola Persico, 2002. "Racial Profiling, Fairness, and Effectiveness of Policing," American Economic Review, American Economic Association, vol. 92(5), pages 1472-1497, December.
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