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A Theory of “Too Big To Jail”

Iwan Bos

No 7, Research Memorandum from Maastricht University, Graduate School of Business and Economics (GSBE)

Abstract: Motivated by some recent examples, this paper employs a model of public law enforcement to explain why it may not be in society’s interest to send criminals to prison. We establish two main findings. First, independent of the lawbreaker’s societal position, imprisonment is suboptimal when the harm from the illegal activity is sufficiently small. Second, for a given level of harm, imprisonment is suboptimal when the lawbreaker is sufficiently important. This latter result thus provides a rationale for why some parties are taken to be “too big to jail”.

JEL-codes: D63 K42 (search for similar items in EconPapers)
Date: 2021-04-30
New Economics Papers: this item is included in nep-law
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Persistent link: https://EconPapers.repec.org/RePEc:unm:umagsb:2021007

DOI: 10.26481/umagsb.2021007

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