Self-Reporting, Investigation, and Evidentiary Standards

Heiko Gerlach

Journal of Law and Economics, 2013, vol. 56, issue 4, 1061 - 1090

Abstract: Self-reporting schemes have become a substantial part of law enforcement. This paper analyzes the optimal use of such schemes when the authority cannot commit to an ex post investigation effort. I show that this leads to a negative relationship between self-reporting incentives and investigation effort. Three main conclusions arise. First, violators self-report with a probability of 1 if and only if full amnesty is offered. Second, self-reporting schemes are not efficient when the level of harm of the act is high. Finally, authorities can increase the incentives to self-report when they convict without hard evidence. However, a hard-evidence standard provides more deterrence and is weakly welfare superior.

Date: 2013
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