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The certainty versus the severity of punishment, repeat offenders, and stigmatization

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  • Mungan, Murat C.

Abstract

There is a widely held presumption among criminologists that the certainty of punishment p is a greater deterrent than the severity of punishment (s). This presumption is at odds with recent experimental work as well as the implications of simple law enforcement models. This article shows that when offenses may be committed repeatedly, p may have a greater deterrent effect than s, even when each individual offender is more responsive to sthan p. This resolves the discrepancy between experimental results and the common belief held among criminologists.

Suggested Citation

  • Mungan, Murat C., 2017. "The certainty versus the severity of punishment, repeat offenders, and stigmatization," Economics Letters, Elsevier, vol. 150(C), pages 126-129.
    • Handle: RePEc:eee:ecolet:v:150:y:2017:i:c:p:126-129
    DOI: 10.1016/j.econlet.2016.11.030
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    References listed on IDEAS

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    1. Engel, Christoph & Nagin, Daniel, 2015. "Who is Afraid of the Stick? Experimentally Testing the Deterrent Effect of Sanction Certainty," Review of Behavioral Economics, now publishers, vol. 2(4), pages 405-434, December.
    2. 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.
    3. Murat C. Mungan & Jonathan Klick, 2014. "Forfeiture of Illegal Gains, Attempts, and Implied Risk Preferences," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 137-153.
    4. Lana Friesen, 2012. "Certainty of Punishment versus Severity of Punishment: An Experimental Investigation," Southern Economic Journal, John Wiley & Sons, vol. 79(2), pages 399-421, October.
    5. Neilson, William S. & Winter, Harold, 1997. "On criminals' risk attitudes," Economics Letters, Elsevier, vol. 55(1), pages 97-102, August.
    6. Thomas J. Miceli, 2013. "Escalating Penalties for Repeat Offenders: Why are they So Hard to Explain?," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 169(4), pages 587-604, December.
    7. Mungan, Murat C., 2014. "A behavioral justification for escalating punishment schemes," International Review of Law and Economics, Elsevier, vol. 37(C), pages 189-197.
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    Cited by:

    1. Isabel Strecker, 2024. "Gambling bank behaviour, incentive mechanism, and sanctions: A two-stage model," Journal of Banking Regulation, Palgrave Macmillan, vol. 25(2), pages 197-208, June.
    2. Andrew Cesare Miller, 2023. "Without an army: How ICC indictments reduce atrocities," Journal of Peace Research, Peace Research Institute Oslo, vol. 60(4), pages 573-587, July.
    3. Echazu, Luciana & Nocetti, Diego, 2019. "Understanding risky behaviors during adolescence: A model of self-discovery through experimentation," International Review of Law and Economics, Elsevier, vol. 57(C), pages 12-21.
    4. Roee Sarel, 2022. "Crime and punishment in times of pandemics," European Journal of Law and Economics, Springer, vol. 54(2), pages 155-186, October.
    5. Lundberg, Alexander, 2019. "Leniency Can Increase Deterrence," International Review of Law and Economics, Elsevier, vol. 60(C).
    6. Menegatti, Mario, 2023. "Variability in punishment, risk preferences and crime deterrence," International Review of Law and Economics, Elsevier, vol. 75(C).
    7. Jeffrey Wagner, 2021. "Optimal deterrence under misperception of the probability of apprehension and the magnitude of sanctions," Economics Bulletin, AccessEcon, vol. 41(3), pages 2080-2088.

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    More about this item

    Keywords

    Repeat offenders; Escalating punishment schemes; Declining punishment schemes; Stigma; Criminogenic effects; Certainty of punishment; Severity of punishment; Deterrence; Risk attitudes;
    All these keywords.

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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