Hacker News new | ask | show | jobs
by jseliger 5041 days ago
But you could make possession of stolen property (the bike) a major crime with prison and financial punishment and you weaken the demand side of things.

In legal terms, you'd have a problem with proportionality—that is, the idea that the punishment needs to fit the crime. This is partially a problem with fairness and partially a problem with incentives: if you give someone the same punishment for, say, stealing a bike and for beating someone up, then if you want to steal someone's bike you might as well beat them up to steal the bike.

If you follow this logic, you eventually get to something like 18th C England, where a LOT of stuff was punishable by death, which led to large problems with murder: if you're going to be killed for stealing, you might as well kill someone, then steal, since you've just eliminated the witness.

3 comments

Your example doesn't apply because death is the ceiling. It's impossible to kill someone twice, so ultimately it makes no difference to the criminal.

However, if the criminal gets 5 years for stealing a bike, and 10 years for beating someone up, the criminal might be swayed by 5 years vs 15 years.

I can see the situation where the criminal thinks "I'm already probably going to jail, might as well decrease my chances as much as possible" by beating someone up. I think most bike crimes occur when the owner isn't around though.

You are not taking into account concurrent sentencing. So if the punishment for stealing a bike was 5, and if assault was also 5, the guy would only serve 5. Theoretically at least.
Or you end up with Singapore, which just has very strict punishments for minor crimes.
Making possession a crime at the level of first party theft doesn't have this problem.