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Escalating Interest in Escalating Penalties

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  • Thomas J. Miceli

    (University of Connecticut)

Abstract

Escalating penalties for repeat offenders are a pervasive feature of punishment schemes in a variety of contexts. Economic theory has had a hard time rationalizing this practice, however, because setting the penalty equal to the social cost of an act should achieve optimal deterrence irrespective of the offender’s record. This paper reviews the literature on escalating penalties, and then develops a theory based on uncertainty on the part of enforcers about offenders’ gains from committing socially undesirable acts. The analysis derives the conditions under which escalating penalties are both optimal (cost minimizing) and subgame perfect. JEL Classification: K14, K42 Key words: Criminal punishment, escalating penalties, repeat offenders

Suggested Citation

  • Thomas J. Miceli, 2012. "Escalating Interest in Escalating Penalties," Working papers 2012-08, University of Connecticut, Department of Economics.
    • Handle: RePEc:uct:uconnp:2012-08
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    References listed on IDEAS

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    Cited by:

    1. Mungan, Murat C., 2014. "A behavioral justification for escalating punishment schemes," International Review of Law and Economics, Elsevier, vol. 37(C), pages 189-197.

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    More about this item

    Keywords

    criminal punishment; escalating penalties; repeat offenders;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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