The objective of this paper is to unveil the consequences of aggravating and mitigating circumstances from a behavioral economics perspective at two different times: when legislators decide law provisions and public budgets, and when judges apply these laws during trials. We develop a static optimization model of social welfare changes after criminal actions suitable to account for a group of heterogeneous offenders. The model includes monetary and non-monetary characteristics of the offenders, specific monetary sanctions, specific non-monetary sanctions, a general enforcement effort, and it satisfies the proportionality principle. Our model can formally explain many of the intuitive and counterintuitive empirical findings of previous literature from a social welfare optimization perspective.
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In this paper, we study firms' incentives to adopt environmentally friendly technologies as a response to emission taxes, in contexts of imperfect compliance and risk aversion. Previous work has analyzed technology adoption incentives and compliance issues under risk neutrality. However, the decision of whether to exceed a regulation entails risks, since polluting agents are exposed to penalties with some probability. Also, there may be uncertainty regarding the impact of green technology adoption on firms' abatement costs. Hence, preferences for risk may matter and should be accounted for. In a baseline model with certainty about future abatement costs, we find that adoption decisions are independent of risk preferences, even if the enforcement policy is so weak that induces imperfect compliance. However, in a context with uncertainty about future abatement costs, adoption incentives decrease with both risk aversion and weak enforcement, especially when the latter entails low sanctions rather than low inspection probabilities.
In this paper, we empirically study preferences for implementation of the proportionality principle used in law enforcement considering the case of Spain. The objective is to reveal which definition of the proportionality principle reflects public opinion best and is most appropriate for developing an optimal sanctioning strategy. The definition of the proportionality principle is the only assumption in "Modeling Crime from a Behavioral Economics Perspective" without the support of previous empirical evidence. Any further study of the results derived from that model requires gaining insight into public perception regarding the definition of the proportionality principle. Therefore, we use a survey to explore people's support for three different interpretations of the proportionality principle in Spain. Moreover, the proportionality principle plays a key role in European sanctioning policies. Thus improving insights into how the general population interprets this principle may play an important role in determining public policy support.