IDEAS home Printed from https://ideas.repec.org/a/kap/ejlwec/v46y2018i3d10.1007_s10657-016-9524-5.html
   My bibliography  Save this article

On proportionality of punishments and the economic theory of crime

Author

Listed:
  • Thomas J. Miceli

    (University of Connecticut)

Abstract

Practitioners of the modern economic theory of crime acknowledge the influence of the eighteenth century writers Montesquieu, Beccaria, and Bentham, whose theories of crime and punishment clearly presaged the economic approach. An important value espoused by all of these writers is proportionality between punishments and crimes, both as an end in itself and as a means of achieving marginal deterrence. This essay asks how closely the concept of proportionality is reflected in the prescriptions of the economic theory. The answer turns out to depend both on how proportionality is defined and on the assumptions underlying the enforcement regime.

Suggested Citation

  • Thomas J. Miceli, 2018. "On proportionality of punishments and the economic theory of crime," European Journal of Law and Economics, Springer, vol. 46(3), pages 303-314, December.
    • Handle: RePEc:kap:ejlwec:v:46:y:2018:i:3:d:10.1007_s10657-016-9524-5
    DOI: 10.1007/s10657-016-9524-5
    as

    Download full text from publisher

    File URL: http://link.springer.com/10.1007/s10657-016-9524-5
    File Function: Abstract
    Download Restriction: Access to the full text of the articles in this series is restricted.
    File URL: https://libkey.io/10.1007/s10657-016-9524-5?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. 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.
    2. Thomas J. Miceli, 2008. "Criminal Sentencing Guidelines And Judicial Discretion," Contemporary Economic Policy, Western Economic Association International, vol. 26(2), pages 207-215, April.
    3. Hylton Keith N, 2005. "The Theory of Penalties and the Economics of Criminal Law," Review of Law & Economics, De Gruyter, vol. 1(2), pages 175-201, September.
    4. Mookherjee, Dilip & Png, I P L, 1994. "Marginal Deterrence in Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 102(5), pages 1039-1066, October.
    5. Parisi, Francesco & Dari-Mattiacci, Giuseppe, 2004. "The rise and fall of communal liability in ancient law," International Review of Law and Economics, Elsevier, vol. 24(4), pages 489-505, December.
    6. Shavell, Steven, 1992. "A note on marginal deterrence," International Review of Law and Economics, Elsevier, vol. 12(3), pages 345-355, September.
    7. Friehe, Tim & Miceli, Thomas J., 2014. "Marginal deterrence when offenders act sequentially," Economics Letters, Elsevier, vol. 124(3), pages 523-525.
    8. 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.
    9. Friedman, David & Sjostrom, William, 1993. "Hanged for a Sheep--The Economics of Marginal Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 22(2), pages 345-366, June.
    10. 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.
    11. Lewin, Jeff L. & Trumbull, William N., 1990. "The social value of crime?," International Review of Law and Economics, Elsevier, vol. 10(3), pages 271-284, December.
    12. George J. Stigler, 1974. "The Optimum Enforcement of Laws," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 55-67, National Bureau of Economic Research, Inc.
    13. Miceli, Thomas J., 1991. "Optimal criminal procedure: Fairness and deterrence," International Review of Law and Economics, Elsevier, vol. 11(1), pages 3-10, May.
    14. Bentham, Jeremy, 1781. "An Introduction to the Principles of Morals and Legislation," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, number bentham1781.
    15. Wilde, Louis L., 1992. "Criminal choice, nonmonetary sanctions and marginal deterrence: A normative analysis," International Review of Law and Economics, Elsevier, vol. 12(3), pages 333-344, September.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Wendy J. Gordon & Alain Marciano & Giovanni B. Ramello, 2019. "The future of law and economics and the legacy of Guido Calabresi," European Journal of Law and Economics, Springer, vol. 48(1), pages 1-8, August.
    2. Thomas J. Miceli, 2021. "Crime as exchange: comparing alternative economic theories of criminal justice," European Journal of Law and Economics, Springer, vol. 51(3), pages 523-539, June.
    3. Menegatti, Mario, 2023. "Variability in punishment, risk preferences and crime deterrence," International Review of Law and Economics, Elsevier, vol. 75(C).

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Crinò, Rosario & Immordino, Giovanni & Piccolo, Salvatore, 2019. "Marginal deterrence at work," Journal of Economic Behavior & Organization, Elsevier, vol. 166(C), pages 586-612.
    2. 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.
    3. Eide, Erling & Rubin, Paul H. & Shepherd, Joanna M., 2006. "Economics of Crime," Foundations and Trends(R) in Microeconomics, now publishers, vol. 2(3), pages 205-279, December.
    4. 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.
    5. Thomas J. Miceli, 2021. "Crime as exchange: comparing alternative economic theories of criminal justice," European Journal of Law and Economics, Springer, vol. 51(3), pages 523-539, June.
    6. Rosario Crinó & Giovanni Immordino & Salvatore Piccolo, 2021. "Criminal mobility, fugitives, and extradition rules," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 23(1), pages 69-104, February.
    7. Laurent Franckx, 2004. "Marginal Deterrence Through Ambient Environmental Inspections," Scottish Journal of Political Economy, Scottish Economic Society, vol. 51(4), pages 507-527, September.
    8. Rosario Crino & Giovanni Immordino & Gülen Karakoç-Palminteri & Salvatore Piccolo, 2018. "Fighting Mobile Crime," CSEF Working Papers 504, Centre for Studies in Economics and Finance (CSEF), University of Naples, Italy.
    9. Nøstbakken, Linda, 2008. "Fisheries law enforcement--A survey of the economic literature," Marine Policy, Elsevier, vol. 32(3), pages 293-300, May.
    10. Parikshit Ghosh, 2009. "Making the Punishment Fit the Crime or Taliban Justice? Optimal Penalties Without Commitment," Working papers 175, Centre for Development Economics, Delhi School of Economics.
    11. Thomas J. Miceli, 2022. "Of Coase, Cattle, and Crime: Why the Becker Model is Compatible with a Moral Theory of Criminal Law," Working papers 2022-05, University of Connecticut, Department of Economics.
    12. BRYAN C. McCANNON, 2009. "Differentiating Between First And Repeat Offenses," Contemporary Economic Policy, Western Economic Association International, vol. 27(1), pages 76-85, January.
    13. Rousseau, Sandra & Telle, Kjetil, 2010. "On the existence of the optimal fine for environmental crime," International Review of Law and Economics, Elsevier, vol. 30(4), pages 329-337, December.
    14. Thomas J. Miceli, 2022. "Counting offenders’ gains? Economic and moral considerations in the determination of criminality," European Journal of Law and Economics, Springer, vol. 54(3), pages 475-496, December.
    15. Nuno Garoupa & Jonathan Klick & Francesco Parisi, 2006. "A law and economics perspective on terrorism," Public Choice, Springer, vol. 128(1), pages 147-168, July.
    16. C. Detotto & B. Mccannon & M. Vannini, 2013. "A Note on Marginal Deterrence: Evidence," Working Paper CRENoS 201310, Centre for North South Economic Research, University of Cagliari and Sassari, Sardinia.
    17. A. Mitchell Polinsky & Steven Shavell, 2009. "Public Enforcement of Law," Chapters, in: Nuno Garoupa (ed.), Criminal Law and Economics, chapter 1, Edward Elgar Publishing.
    18. Thomas J. Miceli, 2009. "Deterrence and Incapacitation Models of Criminal Punishment: Can the Twain Meet?," Working papers 2009-25, University of Connecticut, Department of Economics.
    19. Friehe, Tim & Miceli, Thomas J., 2014. "Marginal deterrence when offenders act sequentially," Economics Letters, Elsevier, vol. 124(3), pages 523-525.
    20. Timo Goeschl & Ole Jürgens, 2014. "Criminalizing environmental offences: when the prosecutor’s helping hand hurts," European Journal of Law and Economics, Springer, vol. 37(2), pages 199-219, April.

    More about this item

    Keywords

    Criminal law; Proportionality; Punishment; Marginal deterrence;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:ejlwec:v:46:y:2018:i:3:d:10.1007_s10657-016-9524-5. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.