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June 13, 2017

"Whom Should We Punish, and How? Rational Incentives and Criminal Justice Reform"

The title of this post is the title of this paper authored by Keith Hylton recently posted to SSRN. Here is its abstract:

This essay sets out a comprehensive account of rational punishment theory and examines its implications for criminal law reform.  Specifically, what offenses should be subjected to criminal punishment, and how should we punish?  Should we use prison sentences or fines, and where should we use them?  Should some conduct be left to a form of market punishment through private lawsuits?  Should fines be used to fund the criminal justice system?

The answers I offer address some of the most important public policy issues of the moment, such as mass incarceration and the use of fines to finance law enforcement.  The framework of this paper is firmly grounded in rational deterrence policy, and yet points toward reforms that would soften or reduce the scope of criminal punishment. 

June 13, 2017 at 10:31 AM | Permalink


I am not reading these papers anymore. They are all the same. I am not reading the David Duke website. it is always the same.

However, the rate of punishment is the most powerful determinant of the crime rate. Natural experiments support that idea. Kidnapping dropped in the US, after it was started to be punished, including the death penalty. Where it is not, kidnapping is rampant.

Posted by: David Behar | Jun 13, 2017 2:27:27 PM

If punishment , it should relate to the "crime" AND to whether the "offense was a then Professor Oliver W. Holmes , Jr. "stumble" or "kick" .

IF a testosterone laden teen 👉willingly👀❗️EIC* with another , 30 years senior , THEN I suggest that it's ludicrous to want or need , to imprison the latter for 30 years or so ❗️

IF a greedy , evil person or group trashes lives and families by looting a pension , or profit sharing plan , or both; THEN sanction such conduct so that they and others won't even THINK of such conduct ❗️

Punishment can exclude imprisonment or
💀execution💀 , but include "Night & Fog" , and a reasonable level of traumatic hypoxia 😳 •

Kindly submitted ,
DJB/Kind Soul® ➕ Nemo Me 💀 Impune Lacessit

*EIC = engage in coitus 😳

Posted by: My friend , Docile (now in OR) | Jun 13, 2017 3:26:01 PM

Docile. The solution rate for murder is 60% in the US for 4/100,000, 30% in Chicago for 24/100,000, and 0% in Honduras for 87/100,000.

Overall, the solution rate for all serious crimes is 5%. So we have 35 million crimes a year, and 2 million prosecutions. Of those 1.5 million are for just dumbass drug offense. Imagine performance such as those in any other field. The lawyer profession is 100% responsible for this abject failure. You need a frickin' microscope to find punishment in this country.

Yet, the lawyer profession takes our $trillion, year after year, and returns nothing of value. The nation is basically on the honor system, as far as serious crime is concerned.

Posted by: David Behar | Jun 13, 2017 4:18:57 PM

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