威慑与监狱、假释和缓刑的最优使用

Deterrence and the Optimal Use of Prison, Parole, and Probation

Journal of Law & Economics · 2019
被引 5
人大 A-ABS 3

中文导读

研究了如何组合监狱、假释和缓刑等刑罚,以最低成本实现特定威慑水平,发现由于贴现率差异,监禁具有前置优势,即使成本更高也可能最优。

Abstract

In this article we derive the mix of criminal sanctions—choosing among prison, parole, and probation—that achieves any target level of deterrence at lowest cost. We assume that prison has higher disutility and higher cost per unit of time than parole and probation and that potential offenders discount the future disutility of sanctions at a higher rate than the state discounts the future costs of sanctions. Our primary insight is that there is a front-loading advantage of imprisonment due to these differential discount rates. This advantage implies that whenever a sentence includes both a prison term and a parole term, the prison term should be imposed first, and that it may be optimal to employ a prison term even if prison has a higher cost per unit of disutility than parole and probation and even if prison is not needed to achieve the target level of deterrence.

威慑监禁假释缓刑最优刑罚组合