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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 We show that this implication is no longer valid when forfeiture of illegal gains and the possibility of unsuccessful attempts are considered.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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    Cited by:

    1. 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.
    2. 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.
    3. Menegatti, Mario, 2023. "Variability in punishment, risk preferences and crime deterrence," International Review of Law and Economics, Elsevier, vol. 75(C).
    4. Mungan, Murat C., 2017. "The certainty versus the severity of punishment, repeat offenders, and stigmatization," Economics Letters, Elsevier, vol. 150(C), pages 126-129.
    5. Mungan, Murat C., 2015. "Wrongful convictions and the punishment of attempts," International Review of Law and Economics, Elsevier, vol. 42(C), pages 79-87.
    6. 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.
    7. Evan M. Calford & Gregory DeAngelo, 2023. "Ambiguity and enforcement," Experimental Economics, Springer;Economic Science Association, vol. 26(2), pages 304-338, April.
    8. 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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