IDEAS home Printed from https://ideas.repec.org/a/bla/coecpo/v13y1995i4p72-79.html
   My bibliography  Save this article

Time, Money, And Optimal Criminal Penalties

Author

Listed:
  • Sandy Baum
  • Linda Kamas

Abstract

The economic approach to optimal criminal penalties measures the welfare effects of crime and punishment in dollar terms, ignoring differences in the marginal utility of money among people. This paper alternatively proposes using time as the unit of measure in determining optimal criminal penalties, measuring the costs and benefits of crime in hours or days instead of dollars. The policy implications differ substantially from those in the existing economic literature. Equal prison terms impose similar time costs on all individuals rather than being more costly for those with higher foregone earnings. Equal fines impose the same cost on all individuals in the dollar‐based economic models but in a time‐denominated system are costlier to those who require more time to earn the money to pay the fines. In principle, one can use either money or time in setting penalties. However, time‐based penalties are more consistent with the fundamental and widely held principles of justice on which the U.S. legal system rests.

Suggested Citation

  • Sandy Baum & Linda Kamas, 1995. "Time, Money, And Optimal Criminal Penalties," Contemporary Economic Policy, Western Economic Association International, vol. 13(4), pages 72-79, October.
    • Handle: RePEc:bla:coecpo:v:13:y:1995:i:4:p:72-79
    DOI: 10.1111/j.1465-7287.1995.tb00733.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1465-7287.1995.tb00733.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1465-7287.1995.tb00733.x?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
    ---><---

    References listed on IDEAS

    as
    1. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    2. Lott, John R, Jr, 1992. "An Attempt at Measuring the Total Monetary Penalty from Drug Convictions: The Importance of an Individual's Reputation," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 159-187, January.
    3. Lott, John R, Jr, 1992. "Do We Punish High Income Criminals Too Heavily?," Economic Inquiry, Western Economic Association International, vol. 30(4), pages 583-608, October.
    4. Lott, John R, Jr, 1987. "Should the Wealthy Be Able to "Buy Justice"?," Journal of Political Economy, University of Chicago Press, vol. 95(6), pages 1307-1316, December.
    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. Parker, Jeffrey S & Atkins, Raymond A, 1999. "Did the Corporate Criminal Sentencing Guidelines Matter? Some Preliminary Empirical Observations," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 423-453, April.
    2. Kobayashi, Bruce H. & Lott, John Jr., 1996. "In defense of criminal defense expenditures and plea bargaining," International Review of Law and Economics, Elsevier, vol. 16(4), pages 397-416, December.
    3. Anna Aizer & Joseph J. Doyle, 2015. "Juvenile Incarceration, Human Capital, and Future Crime: Evidence from Randomly Assigned Judges," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 130(2), pages 759-803.
    4. Bedard, Kelly & Helland, Eric, 2004. "The location of women's prisons and the deterrence effect of "harder" time," International Review of Law and Economics, Elsevier, vol. 24(2), pages 147-167, June.
    5. Garoupa, Nuno & Stephen, Frank, 2003. "A Note on Optimal Law Enforcement with Legal Aid," CEPR Discussion Papers 4113, C.E.P.R. Discussion Papers.
    6. Goodman, John C. & Porter, Philip, 2002. "Is the criminal justice system just?," International Review of Law and Economics, Elsevier, vol. 22(1), pages 25-39, July.
    7. Montag, Josef & Tremewan, James, 2020. "Let the punishment fit the criminal: An experimental study," Journal of Economic Behavior & Organization, Elsevier, vol. 175(C), pages 423-438.
    8. Rasmusen, Eric, 1996. "Stigma and Self-Fulfilling Expectations of Criminality," Journal of Law and Economics, University of Chicago Press, vol. 39(2), pages 519-543, October.
    9. Kenneth Avio, 1998. "The Economics of Prisons," European Journal of Law and Economics, Springer, vol. 6(2), pages 143-175, September.
    10. Mungan, Murat C., 2017. "Reducing crime through expungements," Journal of Economic Behavior & Organization, Elsevier, vol. 137(C), pages 398-409.
    11. Nuno Garoupa & Hugh Gravelle, "undated". "Does Efficient Deterrence Require that the Wealthy Should Be Able to Buy Justice?," Discussion Papers 00/07, Department of Economics, University of York.
    12. repec:eee:labchp:v:3:y:1999:i:pc:p:3529-3571 is not listed on IDEAS
    13. Steven D. Levitt, 1998. "Juvenile Crime and Punishment," Journal of Political Economy, University of Chicago Press, vol. 106(6), pages 1156-1185, December.
    14. Neilson, William S. & Winter, Harold, 1997. "On criminals' risk attitudes," Economics Letters, Elsevier, vol. 55(1), pages 97-102, August.
    15. Norman H. Sedgley & Charles E. Scott & Nancy A. Williams & Frederick W. Derrick, 2010. "Prison's Dilemma: Do Education and Jobs Programmes Affect Recidivism?," Economica, London School of Economics and Political Science, vol. 77(307), pages 497-517, July.
    16. Hugh Gravelle & Nuno Garoupa, 2002. "Optimal Deterrence with Legal Defense Expenditure," Economic Inquiry, Western Economic Association International, vol. 40(3), pages 366-379, July.
    17. Vickers, Chris, 2016. "Socioeconomic status and judicial disparities in England and Wales, 1870–1910," Explorations in Economic History, Elsevier, vol. 61(C), pages 32-53.
    18. Curry, Philip A. & Klumpp, Tilman, 2009. "Crime, punishment, and prejudice," Journal of Public Economics, Elsevier, vol. 93(1-2), pages 73-84, February.
    19. Alice Solda & Marie Claire Villeval, 2020. "Exclusion And Reintegration In A Social Dilemma," Economic Inquiry, Western Economic Association International, vol. 58(1), pages 120-149, January.
    20. Todd Cherry, 2001. "Financial penalties as an alternative criminal sanction: Evidence from panel data," Atlantic Economic Journal, Springer;International Atlantic Economic Society, vol. 29(4), pages 450-458, December.
    21. Raphael Douglas de Freitas Lucena & Rodolfo Ferreira Ribeiro Costa & Ivan Castelar & Francisco Soares de Lima, 2021. "Dynamic Analysis of Criminal Behavior: An Application of Empirical Mode Decomposition," International Journal of Economics and Finance, Canadian Center of Science and Education, vol. 13(4), pages 1-47, April.

    More about this item

    Statistics

    Access and download statistics

    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:bla:coecpo:v:13:y:1995:i:4:p:72-79. 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: Wiley Content Delivery (email available below). General contact details of provider: https://edirc.repec.org/data/weaaaea.html .

    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.