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The complementary role of distributive and criminal equity

Author

Listed:
  • Massimo D'Antoni
  • Avraham D. Tabbach

Abstract

We conduct a theoretical analysis to explore how the distribution of wealth in society impacts the social costs of crime and law enforcement. We show that a reduction in inequality reduces these costs when enforcement and nonmonetary punishment are equitable, that is, they do not discriminate among offenders based on their wealth. However, when enforcement or nonmonetary punishment is discriminatory, a reduction in inequality may increase the social costs of crime and law enforcement, in particular when it occurs among poorer individuals. Thus, there is a complementarity between equity in criminal justice and distributional equity.

Suggested Citation

  • Massimo D'Antoni & Avraham D. Tabbach, 2024. "The complementary role of distributive and criminal equity," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 26(4), August.
    • Handle: RePEc:bla:jpbect:v:26:y:2024:i:4:n:e12708
    DOI: 10.1111/jpet.12708
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    References listed on IDEAS

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    1. Garoupa, Nuno, 2001. "Optimal magnitude and probability of fines," European Economic Review, Elsevier, vol. 45(9), pages 1765-1771, October.
    2. Yilong Xu & Ginevra Marandola, 2023. "The (negative) effects of inequality on Social Capital," Journal of Economic Surveys, Wiley Blackwell, vol. 37(5), pages 1562-1588, December.
    3. Imrohoroglu, Ayse & Merlo, Antonio & Rupert, Peter, 2000. "On the Political Economy of Income Redistribution and Crime," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 41(1), pages 1-25, February.
    4. Alesina, Alberto & Perotti, Roberto, 1996. "Income distribution, political instability, and investment," European Economic Review, Elsevier, vol. 40(6), pages 1203-1228, June.
    5. Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
    6. Murat C Mungan, 2021. "Rewards versus Imprisonment," American Law and Economics Review, American Law and Economics Association, vol. 23(2), pages 432-480.
    7. Avraham D. Tabbach, 2010. "The Social Desirability of Punishment Avoidance," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 26(2), pages 265-289.
    8. Polinsky, A. Mitchell & Shavell, Steven, 1984. "The optimal use of fines and imprisonment," Journal of Public Economics, Elsevier, vol. 24(1), pages 89-99, June.
    9. Itskovich, Eran & Factor, Roni, 2023. "Economic inequality and crime: The role of social resistance," Journal of Criminal Justice, Elsevier, vol. 86(C).
    10. Demougin, Dominique & Schwager, Robert, 2000. "Excess burden of criminality and redistribution," International Review of Law and Economics, Elsevier, vol. 20(3), pages 329-351, September.
    11. Steven Shavell & A. Mitchell Polinsky, 2000. "The Economic Theory of Public Enforcement of Law," Journal of Economic Literature, American Economic Association, vol. 38(1), pages 45-76, March.
    12. D’Antoni Massimo & Friehe Tim & Tabbach Avraham, 2023. "Optimal Imprisonment with General Enforcement of Law," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 23(2), pages 537-545, April.
    13. Cassone Alberto & Marchese Carla, 2006. "Redistribution and Crime When Agents Have Limited Liability: A Note," Review of Law & Economics, De Gruyter, vol. 2(2), pages 193-208, September.
    14. Eaton, B Curtis & White, William D, 1991. "The Distribution of Wealth and the Efficiency of Institutions," Economic Inquiry, Western Economic Association International, vol. 29(2), pages 336-350, April.
    15. Polinsky, A Mitchell & Shavell, Steven, 1991. "A Note on Optimal Fines When Wealth Varies among Individuals," American Economic Review, American Economic Association, vol. 81(3), pages 618-621, June.
    16. Philip A. Curry & Matthew Doyle, 2016. "Integrating Market Alternatives Into The Economic Theory Of Optimal Deterrence," Economic Inquiry, Western Economic Association International, vol. 54(4), pages 1873-1883, October.
    17. Banerjee, Abhijit V & Duflo, Esther, 2003. "Inequality and Growth: What Can the Data Say?," Journal of Economic Growth, Springer, vol. 8(3), pages 267-299, September.
    18. Polinsky, A. Mitchell, 2006. "The optimal use of fines and imprisonment when wealth is unobservable," Journal of Public Economics, Elsevier, vol. 90(4-5), pages 823-835, May.
    19. Rothschild, Michael & Stiglitz, Joseph E., 1970. "Increasing risk: I. A definition," Journal of Economic Theory, Elsevier, vol. 2(3), pages 225-243, September.
    20. Garoupa, Nuno & Mungan, Murat, 2019. "Optimal imprisonment and fines with non-discriminatory sentences," Economics Letters, Elsevier, vol. 182(C), pages 105-108.
    21. Massimo D'Antoni & Tim Friehe & Avraham Tabbach, 2022. "The Optimal Use of Fines and Imprisonment Revisited," American Law and Economics Review, American Law and Economics Association, vol. 24(2), pages 495-530.
    22. 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.
    23. Friehe, Tim & Mungan, Murat C., 2022. "Private protection against crime and public policing: Political economy considerations," Economics Letters, Elsevier, vol. 220(C).
    24. Block, M K & Heineke, J M, 1975. "A Labor Theoretic Analysis of the Criminal Choice," American Economic Review, American Economic Association, vol. 65(3), pages 314-325, June.
    25. Ehrlich, Isaac, 1973. "Participation in Illegitimate Activities: A Theoretical and Empirical Investigation," Journal of Political Economy, University of Chicago Press, vol. 81(3), pages 521-565, May-June.
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