Do legal origins affect cross-country incarceration rates?

We aim to explain how legal origins shape outcomes for criminal punishment. * Incarceration as a means of social control varies tremendously across countries. * Legal origins alter the relative costs and benefits associated with imprisonment. * Countries with civil legal origins have lower prison populations. * Bureaucracy is a cheaper alternative to imprisonment in civil law countries. Prison populations vary tremendously across countries. This paper investigates the potential relationship between incarceration rates and legal origins in a large cross-section of countries. We argue that legal... Mehr ...

Verfasser: Daniel J. D'Amico
Dokumenttyp: Artikel
Reihe/Periodikum: Journal of comparative economics
Verlag/Hrsg.: Amsterdam, Elsevier
Sprache: Englisch
ISSN: 0147-5967
Weitere Identifikatoren: doi: 10.1016/j.jce.2014.11.002
Permalink: https://search.fid-benelux.de/Record/olc-benelux-1965001513
URL: NULL
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Datenquelle: Online Contents Benelux; Originalkatalog
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Link(s) : http://dx.doi.org/10.1016/j.jce.2014.11.002
http://dx.doi.org/10.1016/j.jce.2014.11.002

We aim to explain how legal origins shape outcomes for criminal punishment. * Incarceration as a means of social control varies tremendously across countries. * Legal origins alter the relative costs and benefits associated with imprisonment. * Countries with civil legal origins have lower prison populations. * Bureaucracy is a cheaper alternative to imprisonment in civil law countries. Prison populations vary tremendously across countries. This paper investigates the potential relationship between incarceration rates and legal origins in a large cross-section of countries. We argue that legal origins alter the relative costs associated with imprisonment as a means for social control. Using panel data from 2001 to 2011, we find countries with civil legal origins have lower prison populations. Our empirical results are highly robust after controlling for crime rates, criminal justice resources, economic factors, political institutions, and social factors. In addition, our results do not appear to be driven by the variation in criminalized activities. To explain these results, we conjecture that imprisonment is a lower cost mechanism for enforcing social order in common law countries. In civil law countries, bureaucratic infrastructures allow for methods such as day-fines, community service, seizure of property, and probation as more affordable alternatives to imprisonment.