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Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment

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  • Thomas J. Miceli
  • Kathleen Segerson

Abstract

Standard models of law enforcement involve the apprehension and punishment of a single suspect, but in many contexts, punishment is imposed on an entire group known to contain the offender. The advantages of group punishment are that the offender is punished with certainty and detection costs are saved. The disadvantage is that innocent individuals are punished. We compare individual and group punishment when social welfare depends on fairness (or retribution) and when it depends on deterrence. We show that group punishment may dominate in the former case if the detection technology is ineffective but never in the latter case. The results broadly reflect the actual use of group punishment in ancient and modern law.

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  • Thomas J. Miceli & Kathleen Segerson, 2007. "Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 81-106, January.
    • Handle: RePEc:ucp:jlstud:v:36:y:2007:p:81-106
    DOI: 10.1086/509274
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    3. Köke, Sonja & Lange, Andreas & Nicklisch, Andreas, 2015. "Adversity is a school of wisdomː Experimental evidence on cooperative protection against stochastic losses," WiSo-HH Working Paper Series 22, University of Hamburg, Faculty of Business, Economics and Social Sciences, WISO Research Laboratory.
    4. Mourad Ali & Patrick Rio, 2009. "Deterrence vs. Efficiency To Regulate Nonpoint Source Pollution," Working Papers 09-22, LAMETA, Universtiy of Montpellier, revised Dec 2009.
    5. Nicklisch, Andreas & Köke, Sonja & Lange, Andreas, 2016. "Is Adversity a School of Wisdom? Experimental Evidence on Cooperative Protection Against Stochastic Losses," VfS Annual Conference 2016 (Augsburg): Demographic Change 145716, Verein für Socialpolitik / German Economic Association.
    6. Coşgel, Metin & Miceli, Thomas J., 2018. "The price of redemption: Sin, penance, and marginal deterrence," Journal of Economic Behavior & Organization, Elsevier, vol. 156(C), pages 206-218.
    7. Nuno Garoupa & Jonathan Klick & Francesco Parisi, 2006. "A law and economics perspective on terrorism," Public Choice, Springer, vol. 128(1), pages 147-168, July.
    8. Friedel Bolle, 2021. "Deterrence by Collective Punishment May Work against Criminals but Never against Freedom Fighters," Games, MDPI, vol. 12(2), pages 1-15, May.
    9. Camacho-Cuena, Eva & Requate, Till, 2012. "The regulation of non-point source pollution and risk preferences: An experimental approach," Ecological Economics, Elsevier, vol. 73(C), pages 179-187.
    10. Katrin Hussinger & Maikel Pellens, 2019. "Scientific misconduct and accountability in teams," PLOS ONE, Public Library of Science, vol. 14(5), pages 1-12, May.
    11. Andrew W. Bausch, 2014. "Evolving intergroup cooperation," Computational and Mathematical Organization Theory, Springer, vol. 20(4), pages 369-393, December.
    12. Fatas, Enrique & Morales, Antonio J. & Ubeda, Paloma, 2010. "Blind justice: An experimental analysis of random punishment in team production," Journal of Economic Psychology, Elsevier, vol. 31(3), pages 358-373, June.
    13. Rousseau, Sandra, 2009. "The use of warnings in the presence of errors," International Review of Law and Economics, Elsevier, vol. 29(3), pages 191-201, September.

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    More about this item

    JEL classification:

    • 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

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