Fines for Unequal Societies
Amsterdam Law School Research Paper No. 34, 2022
Amsterdam Center for Law & Economics Working Paper No. 08, 2022
55 Pages Posted: 28 Sep 2022 Last revised: 3 Jan 2025
Date Written: December 27, 2024
Abstract
One fourth of the 196 countries we surveyed adopts some form of day fines-that is, fines that increase with the wealth of the offender-and does so for moderate, nonmonetary violations. We offer a model of optimal deterrence with decreasing marginal utility of wealth and unequal wealth distribution that rationalizes this pattern. We show that uniform fines are optimal when harm from crime is low, non-monetary sanctions when it is high, and day fines in the intermediate region. The introduction of day fines reduces the (optimal) use of non-monetary sanctions and restores deterrence for the rich, as compared to uniform fines. The scope for day fines increases with wealth inequality and decreases with the cost of wealth verification.
Keywords: JEL Classification: D62, D63, H23, K14 law enforcement, deterrence, fines, day fines, income inequality
JEL Classification: D62, D63, H23, K14
Suggested Citation: Suggested Citation