Book contents
- The Cambridge Handbook of Compliance
- The Cambridge Handbook of Compliance
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: Compliance as the Interaction between Rules and Behavior
- Part I Compliance Concepts and Approaches
- Part II Deterrence and Incapacitation
- 14 Deterrence Theory: Key Findings and Challenges
- 15 General Deterrence: Review with Commentary on Decision-Making
- 16 Incarceration and Crime
- 17 Corporate Crime Deterrence
- 18 Deterrence Perceptions
- 19 Reputational Effects of Noncompliance with Financial Market Regulations
- 20 Deterrability and Moral Judgment
- 21 US Debarment: An Introduction
- Part III Incentives
- Part IV Legitimacy and Social Norms
- Part V Capacity and Opportunity
- Part VI Compliance and Cognition
- Part VII Management and Organizational Processes
- Part VIII Measuring and Evaluating Compliance
- Part IX Analysis of Particular Fields
- References
14 - Deterrence Theory: Key Findings and Challenges
from Part II - Deterrence and Incapacitation
Published online by Cambridge University Press: 07 May 2021
- The Cambridge Handbook of Compliance
- The Cambridge Handbook of Compliance
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- 1 Introduction: Compliance as the Interaction between Rules and Behavior
- Part I Compliance Concepts and Approaches
- Part II Deterrence and Incapacitation
- 14 Deterrence Theory: Key Findings and Challenges
- 15 General Deterrence: Review with Commentary on Decision-Making
- 16 Incarceration and Crime
- 17 Corporate Crime Deterrence
- 18 Deterrence Perceptions
- 19 Reputational Effects of Noncompliance with Financial Market Regulations
- 20 Deterrability and Moral Judgment
- 21 US Debarment: An Introduction
- Part III Incentives
- Part IV Legitimacy and Social Norms
- Part V Capacity and Opportunity
- Part VI Compliance and Cognition
- Part VII Management and Organizational Processes
- Part VIII Measuring and Evaluating Compliance
- Part IX Analysis of Particular Fields
- References
Summary
Abstract: This chapter reviews the key findings of the optimal deterrence theory and discusses the remaining challenges. Some of these challenges reflect current modeling choices and limitations. These include the treatment of the offender’s gains in the social welfare function; the design of the damages multiplier in a realistic, multi-period framework; the effects of different types of uncertainty on behavior; and the study of optional, imperfectly enforced, threshold-based regimes – that is, regimes that reflect the most common real-world regulatory setting. Other challenges arise because several key regulatory features and enforcement outcomes are inconsistent with the deterrence theory’s predictions and prescriptions. These inconsistencies include the “abnormally” high levels of compliance, the pervasiveness of gain-based (rather than harm-based) sanctions, the widespread use of offense history in sanctions design, the variation of sanctions based on legal aggressiveness, and the significance of the offender’s mental state in the determinations of both liability and sanctions. The chapter discusses how the recent optimal deterrence scholarship has addressed – but has not fully resolved – all these challenges.
- Type
- Chapter
- Information
- The Cambridge Handbook of Compliance , pp. 179 - 192Publisher: Cambridge University PressPrint publication year: 2021
References
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