The standard economic model of crime focuses on the goal of deterrence, but actual punishment schemes, most notably recent three-strikes laws, seem to rely more on imprisonment than is prescribed by that model. One explanation is that prison also serves an incapacitation function. The current...

The standard economic model of crime since Becker (1968) is primarily concerned with deterrence. Actual punishment policies, however, appear to rely on imprisonment to a greater extent than is prescribed by that model. One reason may be the incapacitation function of prison. The model developed...

This paper develops an economic model of criminal enforcement that combines the goals of deterrence and incapacitation. Potential offenders commit an initial criminal act if the present value of net private gains is positive. A fraction of these offenders become habitual and commit further...

Under the standard economic model of torts, punitive damages correct for imperfect detection. Incorporating litigation costs into the model provides a justification for punitive damage caps. At the optimum, caps balance deterrence against the cost of litigation. Empirical testing of the model is...

Marginal deterrence concerns the incentives created by criminal penalties for offenders to refrain from committing more harmful acts. We show that when offenders act sequentially, it is often optimal for the level of the sanction, not just the expected sanction, to rise with the severity of the...