Estimation of social damage from crimes and proportionality of punishment to damage: The Law and Economics approach

Grigory Kalyagin

No 42, Working Papers from Moscow State University, Faculty of Economics

Abstract: This article discusses the principle of proportionality of the severity of punishment to social damage from an offense from the point of view of law and economics. A review of various criminological approaches to assessing social damage from crimes of various types is made. It is concluded that it is not possible to measure this damage in any particular case with any accuracy. As a basis for establishing the severity of punishment in proportion to the social damage from a crime, the methodology proposed by Sellin and Wolfgang (Sellin and Wolfgang, 1964) for rating the severity of crimes based on sociological surveys is effective and sufficient.

Keywords: crime; severity of punishment; public damage; principle of proportionality; damage assessment (search for similar items in EconPapers)
JEL-codes: K14 K42 (search for similar items in EconPapers)
Pages: 23 pages
Date: 2023-03
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