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Celerity of punishment and deterrence: The impacts of discounting and present bias

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  • Friehe, Tim
  • Miceli, Thomas J.

Abstract

Swifter punishment influences the deterrence of present-biased offenders in a framework that includes search for criminal opportunities and legal error. The deterrence effects are reinforcing for naïve offenders but may have contrasting effects on search and commission for sophisticated offenders.

Suggested Citation

  • Friehe, Tim & Miceli, Thomas J., 2023. "Celerity of punishment and deterrence: The impacts of discounting and present bias," Economics Letters, Elsevier, vol. 228(C).
    • Handle: RePEc:eee:ecolet:v:228:y:2023:i:c:s0165176523001921
    DOI: 10.1016/j.econlet.2023.111167
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    References listed on IDEAS

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    1. Murat C Mungan & Marie Obidzinski & Yves Oytana, 2023. "Accuracy and Preferences for Legal Error," American Law and Economics Review, American Law and Economics Association, vol. 25(1), pages 190-227.
    2. Polinsky, A Mitchell & Shavell, Steven, 1999. "On the Disutility and Discounting of Imprisonment and the Theory of Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 1-16, January.
    3. Gary S. Becker & Casey B. Mulligan, 1997. "The Endogenous Determination of Time Preference," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 112(3), pages 729-758.
    4. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 2, number 2.
    5. Ted O'Donoghue & Matthew Rabin, 2015. "Present Bias: Lessons Learned and to Be Learned," American Economic Review, American Economic Association, vol. 105(5), pages 273-279, May.
    6. Kaplow, Louis & Shavell, Steven, 1994. "Accuracy in the Determination of Liability," Journal of Law and Economics, University of Chicago Press, vol. 37(1), pages 1-15, April.
    7. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
    8. Lando, Henrik & Mungan, Murat C., 2018. "The effect of type-1 error on deterrence," International Review of Law and Economics, Elsevier, vol. 53(C), pages 1-8.
    9. Dušek, Libor, 2015. "Time to punishment: The effects of a shorter criminal procedure on crime rates," International Review of Law and Economics, Elsevier, vol. 43(C), pages 134-147.
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    More about this item

    Keywords

    Law enforcement; Present bias;

    JEL classification:

    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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