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
Recommended Citation
Murat C. Mungan,
A behavioral justification for escalating punishment schemes,
37
Int'l Rev. L. & Econ.
189
(2014).
Available at:
https://scholarship.law.tamu.edu/facscholar/1879
