IDEAS home Printed from https://ideas.repec.org/a/kap/pubcho/v202y2025i3d10.1007_s11127-024-01233-6.html
   My bibliography  Save this article

Sympathy with resentment: Willingness to report criminal behavior depends on the punishment

Author

Listed:
  • Jason Aimone

    (Baylor University)

  • Lucas Rentschler

    (Utah State University and the Center for Growth and Opportunity)

  • Vernon Smith

    (Chapman University)

  • Bart J. Wilson

    (Chapman University)

Abstract

Adam Smith’s theory of justice holds that the appropriate punishment for a misdeed is determined, in part, by the sympathy elicited on behalf of the victim. Specifically, Smith states that: “…our first approbation of punishment is not founded upon the regard to public utility…it is our sympathy with the resentment of the sufferer…” (Smith, 1978: 475). To demonstrate his point, Smith relates an anecdote in which civilians were unwilling to report wrongdoing because the offender’s punishment was far too extreme. In this paper, we employ a laboratory experiment to investigate whether the willingness to report a crime diminishes when the severity of the punishment is dramatically elevated. Our findings reveal, as predicted by Smith, that a steep increase in the severity of the punishment indeed reduces the likelihood of individuals reporting offenders. Interestingly, that effect is not foreseen by potential offenders, who, in response to the more severe expected punishment, reduce their propensities to commit offenses.

Suggested Citation

  • Jason Aimone & Lucas Rentschler & Vernon Smith & Bart J. Wilson, 2025. "Sympathy with resentment: Willingness to report criminal behavior depends on the punishment," Public Choice, Springer, vol. 202(3), pages 343-365, March.
  • Handle: RePEc:kap:pubcho:v:202:y:2025:i:3:d:10.1007_s11127-024-01233-6
    DOI: 10.1007/s11127-024-01233-6
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s11127-024-01233-6
    File Function: Abstract
    Download Restriction: Access to full text is restricted to subscribers.

    File URL: https://libkey.io/10.1007/s11127-024-01233-6?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 search for a different version of it.

    References listed on IDEAS

    as
    1. Alon Harel, 2012. "Economic Analysis of Criminal Law: A Survey," Chapters, in: Alon Harel & Keith N. Hylton (ed.), Research Handbook on the Economics of Criminal Law, chapter 1, Edward Elgar Publishing.
    2. Mats Persson & Claes-Henric Siven, 2007. "The Becker Paradox And Type I Versus Type Ii Errors In The Economics Of Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 48(1), pages 211-233, February.
    3. Jan Osborn & Bart J. Wilson & Bradley R. Sherwood, 2015. "Conduct in narrativized trust games," Southern Economic Journal, John Wiley & Sons, vol. 81(3), pages 562-597, January.
    4. Snyder, Edward A, 1990. "The Effect of Higher Criminal Penalties on Antitrust Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 33(2), pages 439-462, October.
    5. Astrid Dannenberg & Carlo Gallier, 2020. "The choice of institutions to solve cooperation problems: a survey of experimental research," Experimental Economics, Springer;Economic Science Association, vol. 23(3), pages 716-749, September.
    6. James Andreoni, 1991. "Reasonable Doubt and the Optimal Magnitude of Fines: Should the Penalty Fit the Crime?," RAND Journal of Economics, The RAND Corporation, vol. 22(3), pages 385-395, Autumn.
    7. Brocas, Isabelle & Carrillo, Juan D. & Montgomery, Mallory, 2021. "Shaming as an incentive mechanism against stealing: Behavioral and physiological evidence," Journal of Public Economics, Elsevier, vol. 194(C).
    8. Andreoni, James, 1995. "Criminal Deterrence in the Reduced Form: A New Perspective on Ehrlich's Seminal Study," Economic Inquiry, Western Economic Association International, vol. 33(3), pages 476-483, July.
    9. Paganelli, Maria Pia & Simon, Fabrizio, 2022. "Crime And Punishment: Adam Smith’S Theory Of Sentimental Law And Economics," Journal of the History of Economic Thought, Cambridge University Press, vol. 44(2), pages 268-287, June.
    10. Massimo D'Antoni & Tim Friehe & Avraham Tabbach, 2022. "The Optimal Use of Fines and Imprisonment Revisited," American Law and Economics Review, American Law and Economics Association, vol. 24(2), pages 495-530.
    11. Jan Osborn & Bart J. Wilson & Bradley R. Sherwood, 2015. "Conduct in narrativized trust games," Southern Economic Journal, Southern Economic Association, vol. 81(3), pages 562-597, January.
    12. Alex Raskolnikov, 2020. "Criminal Deterrence: A Review of the Missing Literature," Supreme Court Economic Review, University of Chicago Press, vol. 28(1), pages 1-59.
    13. repec:wly:soecon:v:81:3:y:2015:p:562-597 is not listed on IDEAS
    Full references (including those not matched with items on IDEAS)

    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. Fluet, Claude, 2020. "L'économie de la preuve judiciaire," L'Actualité Economique, Société Canadienne de Science Economique, vol. 96(4), pages 585-620, Décembre.
    2. Huang, Chun-chieh & Chang, Juin-jen & Lai, Ching-chong, 2009. "Employment effect of dismissal pay in the presence of judicial mistakes," International Review of Law and Economics, Elsevier, vol. 29(1), pages 38-45, March.
    3. 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.
    4. Antonio Nicita & Matteo Rizzolli, 2014. "In Dubio Pro Reo. Behavioral Explanations of Pro-defendant Bias in Procedures," CESifo Economic Studies, CESifo Group, vol. 60(3), pages 554-580.
    5. Been-Lon Chen, 2003. "Tax Evasion in a Model of Endogenous Growth," Review of Economic Dynamics, Elsevier for the Society for Economic Dynamics, vol. 6(2), pages 381-403, April.
    6. Orzach, Ram & Spurr, Stephen J., 2008. "Lesser-included offenses," International Review of Law and Economics, Elsevier, vol. 28(4), pages 239-245, December.
    7. Jef De Mot & Murat C. Mungan, 2024. "Whistle‐blowing and the incentive to hire," Economic Inquiry, Western Economic Association International, vol. 62(3), pages 1292-1308, July.
    8. Tsakas, Elias, 2016. "Reasonable doubt revisited," Research Memorandum 017, Maastricht University, Graduate School of Business and Economics (GSBE).
    9. Fusako Tsuchimoto & Libor Dusek, 2009. "Responses to More Severe Punishment in the Courtroom: Evidence from Truth-in-Sentencing Laws," CERGE-EI Working Papers wp403, The Center for Economic Research and Graduate Education - Economics Institute, Prague.
    10. 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.
    11. Gilles Grolleau & Murat C. Mungan & Naoufel Mzoughi, 2024. "Punishment menus and their deterrent effects: an exploratory analysis," European Journal of Law and Economics, Springer, vol. 58(1), pages 1-19, August.
    12. Ezra Friedman & Abraham L. Wickelgren, 2006. "Bayesian Juries and The Limits to Deterrence," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 22(1), pages 70-86, April.
    13. Valencia Caicedo, Felipe & Dohmen, Thomas & Pondorfer, Andreas, 2023. "Religion and cooperation across the globe," Journal of Economic Behavior & Organization, Elsevier, vol. 215(C), pages 479-489.
    14. Ronald Wintrobe, 2006. "Extremism, Suicide Terror, and Authoritarism," ICER Working Papers 8-2006, ICER - International Centre for Economic Research.
    15. Friehe, Tim & Miceli, Thomas J., 2015. "Focusing law enforcement when offenders can choose location," International Review of Law and Economics, Elsevier, vol. 42(C), pages 105-112.
    16. Alm, James & Bruner, David M. & McKee, Michael, 2016. "Honesty or dishonesty of taxpayer communications in an enforcement regime," Journal of Economic Psychology, Elsevier, vol. 56(C), pages 85-96.
    17. Paul R. Zimmerman, 2004. "State executions, deterrence, and the incidence of murder," Journal of Applied Economics, Universidad del CEMA, vol. 7, pages 163-193, May.
    18. Dal Bó, Pedro & Foster, Andrew & Kamei, Kenju, 2024. "The democracy effect: A weights-based estimation strategy," Journal of Economic Behavior & Organization, Elsevier, vol. 220(C), pages 31-45.
    19. Dmitri V. Vinogradov & Elena V. Shadrina, 2018. "Discouragement through incentives," Working Papers 2018-05, Business School - Economics, University of Glasgow.
    20. Marcel Boyer & Tracy R. Lewis & Wei Lin Liu, 2000. "Setting standards for credible compliance and law enforcement," Canadian Journal of Economics, Canadian Economics Association, vol. 33(2), pages 319-340, May.

    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:kap:pubcho:v:202:y:2025:i:3:d:10.1007_s11127-024-01233-6. 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: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    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.