Does the Severity of Sanctions Influence Learning about Enforcement Policy? Experimental Evidence

Document Type

Article

Publication Date

1-2023

Journal Title

Journal of Legal Studies

ISSN

0047-2530

DOI

10.1086/720642

Abstract

The literature on law enforcement often assumes that the updating of beliefs regarding the probability of detection is a process that is independent from the severity of the sanction. We test this presumption experimentally, using a taking game in which the probability of detection may be either high or low with commonly known probabilities. Individuals gain information about their probability of detection from their experience in the taking game. Some offenders are punished by a severe sanction, while others are sanctioned only mildly, which causes the experience to differ across subjects. Our analysis reveals that the severity of the sanction influences how individuals update their beliefs about the probability of detection, casting doubt on the widely held presumption that the perceived probability of detection and the magnitude of the sanction are separable.

First Page

83

Last Page

106

Num Pages

24

Volume Number

52

Issue Number

1

Publisher

The University of Chicago Law School

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