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Forfeiture of Illegal Gains, Attempts, and Implied Risk Preferences

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  • Murat C. Mungan
  • Jonathan Klick

Abstract

In the law enforcement literature there is a presumption--supported by some experimental and econometric evidence--that criminals are more responsive to increases in the certainty than the severity of punishment. Under a general set of assumptions, this implies that criminals are risk seeking. We show that this implication is no longer valid when forfeiture of illegal gains and the possibility of unsuccessful attempts are considered. Therefore, when drawing inferences concerning offenders' attitudes toward risk based on their responses to various punishment schemes, special attention must be paid to whether and to what extent offenders' illegal gains can be forfeited and whether increases in the probability of punishment affect the probability of attempts being successful. We discuss policy implications related to our observations.

Suggested Citation

  • Murat C. Mungan & Jonathan Klick, 2014. "Forfeiture of Illegal Gains, Attempts, and Implied Risk Preferences," The Journal of Legal Studies, University of Chicago Press, vol. 43(1), pages 137-153.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/675351
    DOI: 10.1086/675351
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    References listed on IDEAS

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    1. 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.
    2. 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.
    3. 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.
    4. Friehe Tim, 2011. "A Note on the Deterrence Effects of the Forfeiture of Illegal Gains," Review of Law & Economics, De Gruyter, vol. 7(1), pages 118-124, May.
    5. Grogger, Jeffrey, 1991. "Certainty vs. Severity of Punishment," Economic Inquiry, Western Economic Association International, vol. 29(2), pages 297-309, April.
    6. David S. Lee & Justin McCrary, 2009. "The Deterrence Effect of Prison: Dynamic Theory and Evidence," Working Papers 1171, Princeton University, Department of Economics, Industrial Relations Section..
    7. 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.
    8. McCrary, Justin & Lee, David S., 2009. "The Deterrence Effect of Prison: Dynamic Theory and Evidence," Berkeley Olin Program in Law & Economics, Working Paper Series qt2gh1r30h, Berkeley Olin Program in Law & Economics.
    9. David S. Lee & Justin McCrary, 2009. "The Deterrence Effect of Prison: Dynamic Theory and Evidence," Working Papers 1168, Princeton University, Department of Economics, Center for Economic Policy Studies..
    10. David S. Lee & Justin McCrary, 2009. "The Deterrence Effect of Prison: Dynamic Theory and Evidence," Working Papers 1168, Princeton University, Department of Economics, Center for Economic Policy Studies..
    11. repec:pri:cepsud:189lee is not listed on IDEAS
    12. Lana Friesen, 2012. "Certainty of Punishment versus Severity of Punishment: An Experimental Investigation," Southern Economic Journal, John Wiley & Sons, vol. 79(2), pages 399-421, October.
    13. 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.
    14. Block, Michael K & Gerety, Vernon E, 1995. "Some Experimental Evidence on Differences between Student and Prisoner Reactions to Monetary Penalties and Risk," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 123-138, January.
    15. Faragó, Klára & Kiss, Orhidea & Boros, János, 2008. "Risk-taking in entrepreneurs, compared to criminals and students: The role of uncertainty and stakes," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 37(6), pages 2231-2241, December.
    16. David S. Lee & Justin McCrary, 2009. "The Deterrence Effect of Prison: Dynamic Theory and Evidence," Working Papers 1171, Princeton University, Department of Economics, Industrial Relations Section..
    17. Brown, William W. & Reynolds, Morgan O., 1973. "Crime and "punishment": Risk implications," Journal of Economic Theory, Elsevier, vol. 6(5), pages 508-514, October.
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    Cited by:

    1. Friehe, Tim & Schildberg-Hörisch, Hannah, 2017. "Self-control and crime revisited: Disentangling the effect of self-control on risk taking and antisocial behavior," International Review of Law and Economics, Elsevier, vol. 49(C), pages 23-32.
    2. Mungan, Murat C., 2015. "Wrongful convictions and the punishment of attempts," International Review of Law and Economics, Elsevier, vol. 42(C), pages 79-87.
    3. 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.
    4. Brishti Guha, 2024. "Plea bargaining when juror effort is costly," Economic Theory, Springer;Society for the Advancement of Economic Theory (SAET), vol. 78(3), pages 945-977, November.
    5. Baumann, Florian & Friehe, Tim, 2015. "Status concerns as a motive for crime?," International Review of Law and Economics, Elsevier, vol. 43(C), pages 46-55.
    6. Menegatti, Mario, 2023. "Variability in punishment, risk preferences and crime deterrence," International Review of Law and Economics, Elsevier, vol. 75(C).
    7. Mungan, Murat C., 2017. "The certainty versus the severity of punishment, repeat offenders, and stigmatization," Economics Letters, Elsevier, vol. 150(C), pages 126-129.
    8. Evan M. Calford & Gregory DeAngelo, 2023. "Ambiguity and enforcement," Experimental Economics, Springer;Economic Science Association, vol. 26(2), pages 304-338, April.
    9. Mungan, Murat C., 2019. "Salience and the severity versus the certainty of punishment," International Review of Law and Economics, Elsevier, vol. 57(C), pages 95-100.

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