"A Behavioral Justification for Escalating Punishment Schemes" by Murat C. Mungan
 

Document Type

Article

Publication Date

2014

Publication Title

International Review of Law and Economics

Publication Title (Abbreviation)

37 Int'l Rev. L. & Econ. 9 (2014)

Volume

37

First Page

9

Last Page

20

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.

DOI

http://dx.doi.org/10.1016/j.irle.2013.10.002

Rights

Author's accepted manuscript, © 2012 Murat C. Mungan

Comments

This is the author's accepted manuscript version. The version of record (© 2014 Elsevier) is available at http://www.sciencedirect.com/science/article/pii/S0144818813000756 or the DOI provided above.

Faculty Biography

http://law.fsu.edu/our-faculty/profiles/mungan

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