'Over-deterrence' costs

Over deterrence occurs when the prospect of being held criminally liable deters individuals from engaging in socially productive activity. Stepping in to break up a fight might be misinterpreted by police arriving later at the scene. To avoid this risk a bystander might stay out of things even if their intervention would be potentially conducive to the public good. In fields such as financial services the development of ‘defensive practice’ by professionals seeking to avoid any possible accusations of wrong-doing potentially has serious costs. Such costs have not been estimated in cost of crime studies but they are certainly referred to in the literature on financial markets.

Bibliographical review: ‘Over-deterrence’ and ‘Justice’ Costs

Costing issues: ‘Over-deterrence’

 

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