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Preventive enforcement

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  • Friehe, Tim
  • Tabbach, Avraham

Abstract

This paper studies optimal law enforcement in a model featuring preventive and non-preventive enforcement. Non-preventive enforcement is aimed at detecting and punishing offenders, while preventive enforcement seeks to prevent potential offenders from carrying out illegal actions (for example, officers on patrol can physically prevent crimes in progress, such as thefts or assaults). The deterrent effect of preventive enforcement is greater than that of non-preventive enforcement when it successfully deprives offenders of illicit gains and punishes them. However, preventive enforcement averts not only inefficient offenses but also efficient ones; as a result, it will be inferior to non-preventive enforcement in circumstances in which the available sanctions are high, enforcement is cheap, and a sufficient number of offenses are socially efficient. In our set-up, one potential outcome is that as available sanctions increase, enforcement efforts also increase, while deterrence remains unchanged (because there is less preventive enforcement). Finally, we show that in a framework with preventive enforcement, imprisonment need not be maximal, in contrast to the standard finding reported in the literature.

Suggested Citation

  • Friehe, Tim & Tabbach, Avraham, 2013. "Preventive enforcement," International Review of Law and Economics, Elsevier, vol. 35(C), pages 1-12.
    • Handle: RePEc:eee:irlaec:v:35:y:2013:i:c:p:1-12
    DOI: 10.1016/j.irle.2012.10.005
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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. Shavell, Steven, 1990. "Deterrence and the Punishment of Attempts," The Journal of Legal Studies, University of Chicago Press, vol. 19(2), pages 435-466, June.
    3. Emons, Winand, 2007. "Escalating penalties for repeat offenders," International Review of Law and Economics, Elsevier, vol. 27(2), pages 170-178.
    4. 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.
    5. Ehrlich, Isaac, 1981. "On the Usefulness of Controlling Individuals: An Economic Analysis of Rehabilitation, Incapacitation, and Deterrence," American Economic Review, American Economic Association, vol. 71(3), pages 307-322, June.
    6. Mookherjee, Dilip & Png, I P L, 1992. "Monitoring vis-a-vis Investigation in Enforcement of Law," American Economic Review, American Economic Association, vol. 82(3), pages 556-565, June.
    7. Bowles, Roger & Faure, Michael & Garoupa, Nuno, 2000. "Economic analysis of the removal of illegal gains," International Review of Law and Economics, Elsevier, vol. 20(4), pages 537-549, December.
    8. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 2, number 2.
    9. Ben-Shahar, Omri & Harel, Alon, 1995. "Blaming the Victim: Optimal Incentives for Private Precautions against Crime," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 11(2), pages 434-455, October.
    10. Anne Morrison Piehl & Geoffrey Williams, 2010. "Institutional Requirements for Effective Imposition of Fines," NBER Chapters, in: Controlling Crime: Strategies and Tradeoffs, pages 95-121, National Bureau of Economic Research, Inc.
    11. Shavell, Steven, 1987. "A Model of Optimal Incapacitation," American Economic Review, American Economic Association, vol. 77(2), pages 107-110, May.
    12. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    13. Nuno Garoupa, 1997. "The Theory of Optimal Law Enforcement," Journal of Economic Surveys, Wiley Blackwell, vol. 11(3), pages 267-295, September.
    14. Shavell, Steven, 1991. "Specific versus General Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 99(5), pages 1088-1108, October.
    15. 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.
    16. repec:bla:jecsur:v:11:y:1997:i:3:p:267-95 is not listed on IDEAS
    17. Friedman, David D, 1991. "Impossibility, Subjective Probability, and Punishment for Attempts," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 179-186, January.
    18. Eberhard Feess & Markus Walzl, 2005. "Optimal Self-Reporting Schemes with Multiple Stages and Option Values," International Tax and Public Finance, Springer;International Institute of Public Finance, vol. 12(3), pages 265-279, May.
    19. Shavell, Steven, 1993. "The Optimal Structure of Law Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 255-287, April.
    20. A. Mitchell Polinsky & Steven Shavell (ed.), 2007. "Handbook of Law and Economics," Handbook of Law and Economics, Elsevier, edition 1, volume 1, number 1.
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    Cited by:

    1. Friehe, Tim & Miceli, Thomas J., 2015. "Focusing law enforcement when offenders can choose location," International Review of Law and Economics, Elsevier, vol. 42(C), pages 105-112.
    2. Doménech-Pascual, Gabriel & Jiménez, Juan Luis, 2024. "Changes in damages when liability rules change: an empirical study on compensation for the time spent in pretrial detention," International Review of Law and Economics, Elsevier, vol. 78(C).
    3. Friehe, Tim & Do, Vu Mai Linh, 2023. "Do crime victims lose trust in others? Evidence from Germany," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 105(C).

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    More about this item

    Keywords

    Optimal law enforcement; Preventive enforcement; Non-preventive enforcement;
    All these keywords.

    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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