Langlais, Eric (2008): Deterrence of a criminal team: how to rely on its members' shortcomings?
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In this paper, we modelize a criminal organization as an agency where the Principal and the Agent have different sensibilities towards the risk of arrestation and punishment, and at the same time have different skills with respect to general organization tasks, crime realization or detection avoidance activities (i.e. allowing to reduce the probability of detection). In this set up, we first compare two regimes of exclusive sanctions (either the sanctions are borne by the Principal/beneficiary of the crime, or they are borne by the Agent/perpetrator of the crime), and we analyze the comparative efficiency of the various instruments which are at the disposal of public authorities to prevent corporation in criminal activities (frequency of control and level of monetary penalties). Finally, we study a case with joint liability.
|Item Type:||MPRA Paper|
|Original Title:||Deterrence of a criminal team: how to rely on its members' shortcomings?|
|Keywords:||Criminal teams, corporate criminality, state dependent risk aversion, deterrence, monetary penalties versus detection|
|Subjects:||K - Law and Economics > K1 - Basic Areas of Law > K13 - Tort Law and Product Liability ; Forensic Economics
K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law
|Depositing User:||Eric Langlais|
|Date Deposited:||01. Apr 2009 04:16|
|Last Modified:||21. Mar 2015 01:22|
Arlen J. (1994), The potentially perverse effects of corporate criminal liability, The Journal of Legal Studies, 23, 833-867.
Chappe N. and At C. (2005), Crime timing, Economics Bulletin, 11, 1-7.
Chappe N. and At C. (2008), Timing of crime, learning and sanction, Review of Law and Economics, 4.1, Article 3.
Chu C. and Qian Y. (1995), Vicarious liability under a negligence rule, International Review of Law and Economics, 15, 305-322.
Coffee J. (2002), Understanding Enron: It's About the Gatekeepers, Stupid, Columbia Law & Economics Working Paper No. 207.
Dehez P. and Drèze J. (1987), State-dependent utility, the demand for insurance and the value of safety, in Drèze: Essays on economic decisions under uncertainty, Cambridge University Press.
Ganuza J. and Gomez F. (2007), Should we trust gatekeepers? Auditors' and lawyers' liability for clients' misconduct, mimeo, International Review of Law and Economics, 27, 96-109.
Garoupa N. (1997), The theory of optimal law enforcement, Journal of Economic Surveys, 11: 267-295.
Garoupa N. (2000), The economics of organized crime and optimal law enforcement, Economic Inquiry, 38, 278-288.
Garoupa N. (2001), Optimal magnitude and probability of fines, European Economic Review, 45: 1765-1771.
Jacquemet N. (2006), Microéconomie de la corruption, Revue Française d'Economie, 20: 117-159.
Jones-Lee M. (1974), The value of changes in the probability of death or injury, Journal of Political Economy, 82, 835-849.
Kraakman R. (1986), Gatekeepers: the anatomy of third-party enforcement strategy, Journal of Law, Economics and Organization, 2, 53-104.
Langlais E. (2005), Willingness to pay for risk reduction and risk aversion without the expected utility assumption, Theory and Decision, 59, 43-50.
Marjit S. and Shi H. (1998), On Controlling Crime with Corrupt Officials, Journal of Economic Behavior and Organization, 34, 163-172.
Neilson W. et Winter H. (1997), On criminals' risk attitude, Economics Letters, 55: 97-102.
Neilson W. (1998), Optimal punishment schemes with state-dependent preferences, Economic Inquiry, 36: 266-271.
Partnoy F. (2003), Strict Liability for Gatekeepers: A Reply to Professor Coffee, U San Diego Law and Economics Research Paper No. 3, University of San Diego - School of Law.
Polinsky M. and Shavell S. (1979), The optimal trade-off between the probability and magnitude of fines, American Economic Review, 69, 880-891.
Polinsky M. et Shavell S. (2000), The theory of public enforcement of law, Journal of Economic Literature, 38: 45-76.
Privileggi F., Marchese C. and Cassone A. (2001), Agent's liability versus Principal liability when attitudes toward risk differ, International Review of Law and Economics, 21, 181-195.
Sanchirico C. (2006), Detection avoidance, New York University Law Review 81, 1331-1399.
Shavell S. (1985), Criminal Law and the Optimal Use of Nonmonetary Sanctions as a Deterrent, Columbia Law Review, 85, 1232-1262.
Shavell S. (1997), The optimal level of corporate liability given the limited ability of corporations to penalize their employees, International Review of Law and Economics, 17, 203-213.
Schäfer H-B (2004), Efficient Third Party Liability of Auditors in Tort Law and Contract Law, Supreme Court Economic Review, 12, 181-208.