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On Probation: An Experimental Analysis

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  • Christoph Engel
  • Heike Hennig‐Schmidt
  • Bernd Irlenbusch
  • Sebastian Kube

Abstract

Does probation pay a double dividend? Society saves the cost of incarceration, and convicts preserve their liberty. But does probation also reduce the risk of recidivism? In a meta‐study we show that the field evidence is inconclusive. Moreover, it struggles with an identification problem: those put on probation are less likely to recidivate in the first place. We therefore complement the existing field evidence with a novel lab experiment that isolates the definitional feature of probation: the first sanction is conditional on being sanctioned again during the probation period. We find that probationers are more likely to recidivate (i.e., to reduce their contributions to a joint project), that punishment cost is higher, efficiency lower, and inequity higher. While experimental subjects are on probation, they increase their contributions to a joint project. However, once the probation period expires, they reduce their contributions. While in the aggregate these two effects almost cancel out, critically, those not punished themselves trust the institution less if punishment does not become immediately effective.

Suggested Citation

  • Christoph Engel & Heike Hennig‐Schmidt & Bernd Irlenbusch & Sebastian Kube, 2015. "On Probation: An Experimental Analysis," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(2), pages 252-288, June.
  • Handle: RePEc:wly:empleg:v:12:y:2015:i:2:p:252-288
    DOI: 10.1111/jels.12072
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    Cited by:

    1. Bruno S. Frey, 2011. "Punishment – and Beyond," Contemporary Economics, University of Economics and Human Sciences in Warsaw., vol. 5(2), June.

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    More about this item

    JEL classification:

    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior
    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • H41 - Public Economics - - Publicly Provided Goods - - - Public Goods
    • 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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