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从犯罪中学习:罪犯如何了解刑法?

Learning by Offending: How Do Criminals Learn about Criminal Law?
American Economic Journal: Economic Policy · 2024 · [{"name": "Arnaud Philippe", "affiliation": ["University of Bristol"]}]

中文摘要

本文考察罪犯如何了解刑法,利用法国一项自然实验:该实验中,针对某一特定类型累犯的刑期被大幅提高。短期内,对该改革的宣传并未引发犯罪行为的任何变化。然而,亲身经历过该改革的人了解到了这一变化,此后所实施的目标犯罪显著减少,但非目标犯罪的数量保持不变。学习效应似乎仅限于对法律有直接经历的个体。虽然共同被告也有所学习,但其他犯罪同伙以及因另一案件出席同一审判的被告并未学习到相关信息。(JEL D83, K14, K42)

Abstract

This paper investigates how criminals learn about criminal laws. It uses a natural experiment in which sentences were drastically increased for a specific type of recidivism in France. In the short run, advertising the reform did not trigger any change in criminal behavior. However, people who had firsthand experience of the reform learned about it and later committed significantly fewer targeted crimes, but the same number of nontargeted crimes. Learning appears to be limited to individuals with direct experience of the law. While codefendants also learned, other criminal peers and defendants attending the same trial for another case did not. (JEL D83, K14, K42)
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