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Corporal Punishments and Optimal Incapacitation

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  • Kan, Steven S

Abstract

This article extends Steven Shavell's analysis of optimal incapacitation to corporal punishment. Using the assumption that some crimes may involve an undeterrable organ only, I argue that, for these crimes, imprisonment cannot be optimal because it would indiscriminately incapacitate other productive organs. I further establish that the death sentence and other cruel corporate punishments can be abolished for good if advanced temporary incapacitative sanctions are available. I conclude that a reform of criminal punishment need not revert to bloody corporal punishment, build more jails, or lock up criminals for longer periods of time using potential victims' money. Instead, a reform can use temporary incapacitative measures that can target particular organs at fault. Copyright 1996 by the University of Chicago.

Suggested Citation

  • Kan, Steven S, 1996. "Corporal Punishments and Optimal Incapacitation," The Journal of Legal Studies, University of Chicago Press, vol. 25(1), pages 121-130, January.
    • Handle: RePEc:ucp:jlstud:v:25:y:1996:i:1:p:121-30
    DOI: 10.1086/467974
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    Cited by:

    1. Rizzolli, Matteo & Tremewan, James, 2018. "Hard labor in the lab: Deterrence, non-monetary sanctions, and severe procedures," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 77(C), pages 107-121.
    2. Matteo Rizzolli & James Tremewan, 2016. "Hard Labour in the lab: Are monetary and non-monetary sanctions really substitutable?," Vienna Economics Papers vie1606, University of Vienna, Department of Economics.
    3. Kenneth Avio, 1998. "The Economics of Prisons," European Journal of Law and Economics, Springer, vol. 6(2), pages 143-175, September.
    4. Matteo Rizzolli & James Tremewan, 2016. "Hard Labour in the lab: Are monetary and non-monetary sanctions really substitutable?," Vienna Economics Papers 1606, University of Vienna, Department of Economics.

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