The Yale Law Journal

David A. Dana


Rethinking the Puzzle of Escalating Penalties for Repeat Offenders

David A. Dana

110 Yale L.J. 733 (2001)

The general principle of escalating penalties based on offense history is so widely accepted that it strikes most people as simple common sense. This principle, however, tests the explanatory limits of economics. Contrary to the assumptions in the existing literature, probabi…