A behavioral justification for escalating punishment schemes

Document Type

Article

Publication Date

3-2014

Journal Title

International Review of Law and Economics

ISSN

0144-8188

DOI

10.1016/j.irle.2013.10.002

Abstract

The standard two-period law enforcement model is considered in a setting where individuals usually, but not exclusively, commit crimes only after comparing expected costs and benefits. Where escalating punishment schemes are present, there is an inherent value in keeping a clean criminal record; a person with a record may unintentionally become a repeat offender if he fails to exert self-control, and be punished more severely. If the punishment for repeat offenders is sufficiently high, one may rationally forgo the opportunity of committing a profitable crime today to avoid being sanctioned as a repeat offender in the future. Therefore, partial deterrence can be achieved at a very low cost through the use of escalating penalties, providing a behavioral justification for punishing repeat offenders more severely.

First Page

189

Last Page

197

Num Pages

9

Volume Number

37

Publisher

Elsevier

Link to Full Text

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