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Deterred or Detained? A Unified Model of Criminal Punishment

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  • Thomas J. Miceli

Abstract

The standard economic model of crime since Becker (1968) is primarily concerned with deterrence. Actual punishment policies, however, appear to rely on imprisonment to a greater extent than is prescribed by that model. One reason may be the incapacitation function of prison. The model developed in this paper seeks to incorporate incapacitation into the standard model. A key finding of the hybrid model is that when prison is the only form of punishment and the probability of apprehension is fixed, incapacitation can result in a longer or a shorter optimal prison term compared to the deterrence-only model. It is longer if there is underdeterrence, and shorter if there is overdeterrence. When fines are also available and are not constrained by offenders' wealth, the optimal prison term is zero. Since the fine achieves first-best deterrence, only efficient crimes are committed, and hence, there is no gain from incapacitation. Other aspects of the standard model are also studied within the context of the hybrid model.

Suggested Citation

  • Thomas J. Miceli, 2009. "Deterred or Detained? A Unified Model of Criminal Punishment," Working papers 2009-16, University of Connecticut, Department of Economics.
    • Handle: RePEc:uct:uconnp:2009-16
    Note: I appreciate the comments of Steve Shavell on an earlier draft.
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    1. Miceli Thomas J. & Bucci Catherine, 2005. "A Simple Theory of Increasing Penalties for Repeat Offenders," Review of Law & Economics, De Gruyter, vol. 1(1), pages 71-80, April.
    2. Kessler, Daniel P & Levitt, Steven D, 1999. "Using Sentence Enhancements to Distinguish between Deterrence and Incapacitation," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 343-363, April.
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    Cited by:

    1. Cain Michael, 2016. "An Economic Assessment of Criminal Behaviour," Review of Law & Economics, De Gruyter, vol. 12(1), pages 77-94, March.
    2. Ullman, Darin F., 2016. "Locked and not loaded: First time offenders and state ignition interlock programs," International Review of Law and Economics, Elsevier, vol. 45(C), pages 1-13.

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    More about this item

    Keywords

    Deterrence; imprisonment; incapacitation; law enforcement;
    All these keywords.

    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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