A Behavioral Justification for Escalating Punishment Schemes
Murat C. Mungan
Florida State University - College of Law
August 16, 2012
International Review of Law and Economics, Forthcoming
FSU College of Law, Public Law Research Paper No. 602
FSU College of Law, Law, Business & Economics Paper
The standard two-period law enforcement model is considered in a setting where individuals rarely lose self-control or commit crime without first 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.
Number of Pages in PDF File: 19
Keywords: Lapse, weak will, repeat offenders, law enforcement, deterrence, escalating penalties
JEL Classification: D03, K00, K10, K14, K40, K42Accepted Paper Series
Date posted: August 17, 2012 ; Last revised: October 30, 2013
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