DO People Want Optimal Deterrence?
通过两项实验研究人们是否支持最优威慑理论,发现人们不会根据被发现的概率调整惩罚金额,且多数人反对根据概率高低调整惩罚力度的政策。
Two studies test whether people believe in optimal deterrence. The first provides people with personal injury cases that are identical except for variations in the probability of detection and explores whether lower probability cases produce higher punitive damage awards and whether higher probability cases produce lower awards. No such effect is observed. The second asks people whether they agree or disagree with administrative and judicial policies that increase penalties when the probability of detection is low and decrease penalties when the probability of detection is high. Substantial majorities reject these administrative and judicial policies. Policy implications for the role of the jury in achieving deterrence are explored.