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Optimal Sanctions When the Probability of Apprehension Varies Among Individuals

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  • Lucian Arye Bebchuk
  • Louis Kaplow

Abstract

This paper explores how optimal enforcement is affected by the fact that not all individuals are equally easy to apprehend. When the probability of apprehension is the same for all individuals, optimal sanctions will be maximal: as Gary Becker (1968) suggested, raising sanctions and reducing the probability of apprehension saves enforcement resources. This argument necessarily holds only when the enforcement authority knows how difficult an individual will be to apprehend before expending any investigative resources. When differences among individuals exist and can be observed only after apprehension, or not at all, optimal enforcement may involve less than maximal sanctions.

Suggested Citation

  • Lucian Arye Bebchuk & Louis Kaplow, 1992. "Optimal Sanctions When the Probability of Apprehension Varies Among Individuals," NBER Working Papers 4078, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:4078
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    References listed on IDEAS

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    1. Bebchuk, Lucian Arye & Kaplow, Louis, 1992. "Optimal Sanctions When Individuals Are Imperfectly Informed about the Probability of Apprehension," The Journal of Legal Studies, University of Chicago Press, vol. 21(2), pages 365-370, 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. Shavell, Steven, 1991. "Specific versus General Enforcement of Law," Journal of Political Economy, University of Chicago Press, vol. 99(5), pages 1088-1108, October.
    4. Arun S. Malik, 1990. "Avoidance, Screening and Optimum Enforcement," RAND Journal of Economics, The RAND Corporation, vol. 21(3), pages 341-353, Autumn.
    5. Kaplow, Louis, 1990. "Optimal Deterrence, Uninformed Individuals, and Acquiring Information about Whether Acts Are Subject to Sanctions," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 6(1), pages 93-128, Spring.
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    Cited by:

    1. Joanne Roberts, 2000. "Plea Bargaining with Budgetary Constraints and Deterrence," Working Papers jorob-00-01, University of Toronto, Department of Economics.

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