punishments in the example above? What if Mr. Smith had a "killer dog," that bit anyone who abused it (equivalent to arming potential victims)? Or what if Mr. Smith were likely to be arrested and convicted for animal abuse? Several scenarios are plausible. First, he might have found another victim, perhaps a family member, to hit or kick. Or he might have modified his outwardly aggressive acts by merely yelling at family and neighbors or demolishing something. Or he might have repressed his anger—either by bottling up his frustration or finding some nonviolent substitute, such as watching a video, to help him forget the day's events.
Evidence of responding to disincentives is not limited to "rational" humans. Economists have produced a large number of studies that investigate whether animals take the costs of doing things into account. 93 Animal subjects have included both rats and pigeons, and the typical experiment measures the amount of some desired treat or standard laboratory food or fluid that is consumed in relation to the number of times the animal must push a lever to get the item. Other experiments alter
the amount of the item received for a given number of lever pushes. These experiments have been tried in many different contexts. For example, does an animal's willingness to work for special treats like root beer or cherry cola depend upon the existence of unlimited supplies of water or standard laboratory food? The results from these experiments consistently show that as the "cost" of obtaining the food increases, the animal obtains less food. In economic terms, "Demand curves are downward sloping."
As for human beings, a large economics literature exists that overwhelmingly demonstrates that people commit fewer crimes if criminal penalties are more severe or more certain. Whether we consider the number of airliners hijacked in the 1970s, 94 evasion of the military draft, 95 or international data on violent and property crimes, 96 stiffer penalties or higher probabilities of conviction result in fewer violations of the law. Sociologists are more cautious, but the National Research Council of the U.S. National Academy of Sciences established the Panel on Research on Deterrent and Incapacitative Effects in 1978 to evaluate the many academic studies of deterrence. The panel concluded as follows: "Taken as a whole, the evidence consistently finds a negative association between crime rates and the risks of apprehension, conviction or imprisonment. ... the evidence certainly favors a proposition supporting deterrence more than it favors one asserting that deterrence is absent." 97
This debate on incentives and how people respond to them arises repeatedly in many different contexts. Take gun-buyback programs. Surely the intention of such programs is good, but why should we believe that they will greatly influence the number of guns on the street? True, the guns purchased are removed from circulation, and these programs may help to stigmatize gun ownership. Yet if they continue, one effect of such programs will be to increase the return to buying a gun. The price that a person is willing to pay for a gun today increases as the price for which it can be sold rises. In the extreme case, if the price offered in these gun-buyback programs ever became sufficiently high, people would simply buy guns in order to sell them through these programs. I am sure this would hardly distress gun manufacturers, but other than creating some socially useless work, the programs would have a dubious effect on crime. Empirical work on this question reveals no impact on crime from these programs. 98
Introspection can go only so far. Ultimately, the issue of whether sanctions or other costs deter criminals can be decided only empirically. To what extent will concealed-handgun laws or gun-control laws raise these costs? To what extent will criminals be deterred by these costs? In chapter 2 we will consider how to test these