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Stigma Dilution and Over-Criminalization

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  • Murat C. Mungan

Abstract

Criminalizing an act that provides weak signals about a person's productivity and character can dilute the stigma attached to having a criminal record. This reduces the deterrence of serious crimes that do provide strong signals regarding the offender's character. Over-criminalization occurs when the costs associated with reduced deterrence due to stigma dilution off-set potential benefits associated with criminalizing the less harmful act. Identifying conditions under which stigma dilution is likely and comparatively costly allows the determination of factors that affect the desirability of (de)criminalizing various acts. These factors are discussed in the context of marijuana possession offenses to illustrate how over-criminalization may reduce social welfare. The normative desirability of various practices in criminal law are also discussed vis-à-vis their impacts on stigma dilution.

Suggested Citation

  • Murat C. Mungan, 2016. "Stigma Dilution and Over-Criminalization," American Law and Economics Review, American Law and Economics Association, vol. 18(1), pages 88-121.
    • Handle: RePEc:oup:amlawe:v:18:y:2016:i:1:p:88-121.
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    File URL: http://hdl.handle.net/10.1093/aler/ahv026
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    Cited by:

    1. Simundza Daniel, 2016. "When Should Governments Reveal Criminal Histories?," Review of Law & Economics, De Gruyter, vol. 12(2), pages 311-331, July.
    2. Lundberg, Alexander, 2019. "Leniency Can Increase Deterrence," International Review of Law and Economics, Elsevier, vol. 60(C).
    3. Mungan, Murat C., 2017. "Reducing crime through expungements," Journal of Economic Behavior & Organization, Elsevier, vol. 137(C), pages 398-409.
    4. Mazyaki, Ali & van der Weele, Joël, 2019. "On esteem-based incentives," International Review of Law and Economics, Elsevier, vol. 60(C).
    5. Miceli, Thomas J. & Mungan, Murat C., 2021. "An economic theory of optimal enactment and enforcement of laws," International Review of Law and Economics, Elsevier, vol. 68(C).
    6. Iljoong Kim & Jaewook Byeon, 2017. "Discretionary prosecution of regulatory crimes: disproportionate emphasis and consequences to other serious crimes," Asia-Pacific Journal of Regional Science, Springer, vol. 1(2), pages 559-587, October.

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