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A Behavioral Justification for Escalating Punishment Schemes
International Review of Law and Economics (2014)
  • Murat C. Mungan, Florida State University

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.

  • Lapse,
  • weak will,
  • repeat offenders,
  • law enforcement,
  • deterrence,
  • escalating penalties
Publication Date
Citation Information
Murat C. Mungan. "A Behavioral Justification for Escalating Punishment Schemes" International Review of Law and Economics (2014)
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