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A behavioral justification for escalating punishment schemes

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  • Mungan, Murat C.

Abstract

The standard two-period law enforcement model is considered in a setting where individuals usually, but not exclusively, commit crimes only after comparing expected costs and benefits. Where escalating punishment schemes are present, there is an inherent value in keeping a clean criminal record; a person with a record may unintentionally become a repeat offender if he fails to exert self-control, and be punished more severely. If the punishment for repeat offenders is sufficiently high, one may rationally forgo the opportunity of committing a profitable crime today to avoid being sanctioned as a repeat offender in the future. Therefore, partial deterrence can be achieved at a very low cost through the use of escalating penalties, providing a behavioral justification for punishing repeat offenders more severely.

Suggested Citation

  • Mungan, Murat C., 2014. "A behavioral justification for escalating punishment schemes," International Review of Law and Economics, Elsevier, vol. 37(C), pages 189-197.
    • Handle: RePEc:eee:irlaec:v:37:y:2014:i:c:p:189-197
    DOI: 10.1016/j.irle.2013.10.002
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    Cited by:

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    2. Lisa R. Anderson & Gregory DeAngelo & Winand Emons & Beth Freeborn & Hannes Lang, 2017. "Penalty Structures And Deterrence In A Two-Stage Model: Experimental Evidence," Economic Inquiry, Western Economic Association International, vol. 55(4), pages 1833-1867, October.
    3. Simundza Daniel, 2016. "When Should Governments Reveal Criminal Histories?," Review of Law & Economics, De Gruyter, vol. 12(2), pages 311-331, July.
    4. 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.
    5. Mungan, Murat C., 2017. "The certainty versus the severity of punishment, repeat offenders, and stigmatization," Economics Letters, Elsevier, vol. 150(C), pages 126-129.
    6. Wang, Yang & Ashton, John K. & Jaafar, Aziz, 2023. "Financial statement fraud, recidivism and punishment," Emerging Markets Review, Elsevier, vol. 56(C).
    7. Wolfgang Eggert & Steffen Minter & Maximilian Stephan & Handirk Ungern-Sternberg, 2017. "Sanctions for repeat offenders: a question of wealth?," Scottish Journal of Political Economy, Scottish Economic Society, vol. 64(5), pages 467-482, November.
    8. Allard van der Made, 2019. "Graduated Punishments in Public Good Games," Southern Economic Journal, John Wiley & Sons, vol. 85(3), pages 939-959, January.
    9. Alex Raskolnikov, 2020. "Criminal Deterrence: A Review of the Missing Literature," Supreme Court Economic Review, University of Chicago Press, vol. 28(1), pages 1-59.
    10. Leshem, Shmuel & Tabbach, Avraham, 2023. "The option value of record-based sanctions," Games and Economic Behavior, Elsevier, vol. 137(C), pages 1-22.
    11. Jef De Mot & Murat C. Mungan, 2024. "Whistle‐blowing and the incentive to hire," Economic Inquiry, Western Economic Association International, vol. 62(3), pages 1292-1308, July.

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    More about this item

    Keywords

    D03; K00; K10; K14; K40; K42; Lapse; Weak-will; Recidivism; Repeat offenders; Law enforcement; Deterrence; Escalating penalties;
    All these keywords.

    JEL classification:

    • D03 - Microeconomics - - General - - - Behavioral Microeconomics: Underlying Principles
    • 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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