Inefficiency of Punishments Define punishment inefficiency as punishment cost/amount of punishment That matters because we are comparing different ways of getting the same deterrence And that is the cost per unit of deterrence You can scale up or down the amount of deterrence by varying the probability "Buying"more or less deterrence at a "price"per unit A fine:What one man pays another collects Punishment cost is zero. So inefficiency is zero Imprisonment:Punishment cost amount of punishment Execution:Punishment cost amount of punishment Execution (or corporal punishment)is less inefficient than imprisonment!
Inefficiency of Punishments • Define punishment inefficiency as punishment cost/amount of punishment • That matters because we are comparing different ways of getting the same deterrence • And that is the cost per unit of deterrence • You can scale up or down the amount of deterrence by varying the probability • “Buying” more or less deterrence at a “price” per unit • A fine: What one man pays another collects • Punishment cost is zero. • So inefficiency is zero • Imprisonment: Punishment cost > amount of punishment • Execution: Punishment cost = amount of punishment • Execution (or corporal punishment) is less inefficient than imprisonment!
To Minimize Punishment Cost Choose the most efficient punishment Consider an offense currently punished with five years in prison We determine that that is equivalent,for the criminal,to 1/6 chance of execution So when someone is convicted,we roll a die ·1-5 we turn him loose ·6 we hang him Deterrence is the same,so victims are no worse off The average cost to the criminal is the same And we save the cost of running the prison What is wrong with this argument?
To Minimize Punishment Cost • Choose the most efficient punishment • Consider an offense currently punished with five years in prison • We determine that that is equivalent, for the criminal, to 1/6 chance of execution • So when someone is convicted, we roll a die • 1-5 we turn him loose • 6 we hang him • Deterrence is the same, so victims are no worse off • The average cost to the criminal is the same • And we save the cost of running the prison • What is wrong with this argument?
The Inefficiency of Efficient Punishment Consider first a less extreme version Every sentence is X dollars or Y years The criminal has the option of spending Y years in the state prison Or accepting an offer from a private prison to pay his SX fine In exchange for something less than Y years working in their prison factory I proposed that idea in an old article.Someone responded The colonial powers in Africa had a similar approach If they needed a road built,they found an excuse to arrest a bunch of people And sentenced them to work on the road Larry Niven had sf stories with a different variant There is always a shortage of organs. So when a criminal is executed,his organs forfeit to the state for transplant With that rule there is still a shortage,so increase the number of capital offenses In "The Jigsaw Man,"multiple speeding convictions etc.add up to a capital offense We need to think about the incentives of the enforcers as well as the enforcees
The Inefficiency of Efficient Punishment • Consider first a less extreme version • Every sentence is X dollars or Y years • The criminal has the option of spending Y years in the state prison • Or accepting an offer from a private prison to pay his $X fine • In exchange for something less than Y years working in their prison factory • I proposed that idea in an old article. Someone responded • The colonial powers in Africa had a similar approach • If they needed a road built, they found an excuse to arrest a bunch of people • And sentenced them to work on the road • Larry Niven had sf stories with a different variant • There is always a shortage of organs. • So when a criminal is executed, his organs forfeit to the state for transplant • With that rule there is still a shortage, so increase the number of capital offenses • In “The Jigsaw Man,” multiple speeding convictions etc. add up to a capital offense • We need to think about the incentives of the enforcers as well as the enforcees
Prosecution as Rent Seeking We are back with the incentive to prosecute The civil version of the problem Targeting deep pockets instead of guilt Via punitive damages or class actions Civil forfeiture for criminal offenses My proposal puts your ownership of your labor at risk Niven's puts the value of your organs at risk My dice rolling isn't quite as bad,since there is no profit to hanging someone But if punishment is cheap and potential defendants have little political power We may be too willing to punish. A new argument against(cheap)capital punishment
Prosecution as Rent Seeking • We are back with the incentive to prosecute • The civil version of the problem • Targeting deep pockets instead of guilt • Via punitive damages or class actions • Civil forfeiture for criminal offenses • My proposal puts your ownership of your labor at risk • Niven’s puts the value of your organs at risk • My dice rolling isn’t quite as bad, since there is no profit to hanging someone • But if punishment is cheap and potential defendants have little political power • We may be too willing to punish. • A new argument against (cheap) capital punishment
What is Wrong with Cannibalism? People die,why waste the meat? I can choose not to carry money,but notnot to carry my body This is the best argument i know of against a market for organs ·It looks like an obviously good idea,but… You could be worth $50,000 on the hoof So better combine it with strong rules on chain of title It also explains why rape is much more common than murder ."A virgin with a sack of gold can walk safely from one end of the empire to the other" The sack of gold could be kept in a safe ·Again rent seeking
What is Wrong with Cannibalism? • People die, why waste the meat? • I can choose not to carry money, but not not to carry my body • This is the best argument I know of against a market for organs • It looks like an obviously good idea, but … • You could be worth $50,000 on the hoof • So better combine it with strong rules on chain of title • It also explains why rape is much more common than murder • “A virgin with a sack of gold can walk safely from one end of the empire to the other” • The sack of gold could be kept in a safe • Again rent seeking