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Discrimination and Deterrence with Enforcer Liability

Author

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  • Murat C Mungan

Abstract

Taste-based discrimination (i.e. discrimination due to racist preferences) receives more attention than statistical discrimination in the enforcement literature, because the latter allows enforcers to increase their “success rates.” I show here that when enforcers’ incentives can be altered via liabilities and rewards, all types of discrimination reduce deterrence. Moreover, adverse effects of statistical discrimination on deterrence are more persistent than similar effects due to taste-based discrimination. I identify crime minimizing liabilities and rewards when enforcers engage in racial discrimination and consider the robustness of the analysis in alternative settings.

Suggested Citation

  • Murat C Mungan, 2020. "Discrimination and Deterrence with Enforcer Liability," American Law and Economics Review, American Law and Economics Association, vol. 22(2), pages 303-338.
    • Handle: RePEc:oup:amlawe:v:22:y:2020:i:2:p:303-338.
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    File URL: http://hdl.handle.net/10.1093/aler/ahaa007
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    Citations

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    Cited by:

    1. 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.
    2. Yahagi, Ken, 2021. "Law enforcement with motivated agents," International Review of Law and Economics, Elsevier, vol. 66(C).
    3. Tim Friehe & Murat C. Mungan, 2021. "The political economy of enforcer liability for wrongful police stops," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 23(1), pages 141-157, February.

    More about this item

    Keywords

    K00; K14; K42; J14; J15;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
    • J14 - Labor and Demographic Economics - - Demographic Economics - - - Economics of the Elderly; Economics of the Handicapped; Non-Labor Market Discrimination
    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination

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