NCJ Number
46514
Date Published
1977
Length
17 pages
Annotation
THE DETERRENT EFFECT OF VARYING LEVELS OF PUNISHMENT ON THE DOLLAR AMOUNTS IN BAD CHECKS PASSED IS EXAMINED.
Abstract
IN NEBRASKA, WRITING INSUFFICIENT-FUNDS CHECKS UP TO AND INCLUDING THE AMOUNT OF $35 IS A MISDEMEANOR, PUNISHABLE BY A FINE UP TO $100 AND UP TO 90 DAYS IN JAIL. WRITING BAD CHECKS OF ANY AMOUNT EXCEEDING $35 IS A FELONY, PUNISHABLE BY UP TO 7 YEARS IN PRISON. THE DETERRENT EFFECTS OF THE EXTRA THREAT DIRECTED AT CHECKS OVER $35 WAS STUDIED BY SECURING A LARGE AND REPRESENTATIVE SAMPLE OF BAD CHECKS WRITTEN ON NEBRASKA BANK ACCOUNTS AND COMPILING A DISTRIBUTION OF THESE CHECKS BY AMOUNT, SO THAT THE EFFECTS OF THE MORE SEVERE PENAL THREAT COULD BE ISOLATED FROM THE MANIFOLD FACTORS WHICH NORMALLY RESULT IN MORE BAD CHECKS BEING WRITTEN FOR SMALL RATHER THAN LARGE SUMS. TAKEN AS A WHOLE AND ANALYZED AS A SERIES OF SUBDISTRIBUTIONS, THE DATA SUPPORT THE PROPOSITION THAT THE $35 LINE ITSELF HAS NO MEASURABLE INFLUENCE ON THE FREQUENCY DISTRIBUTION OF BAD CHECKS IN THE NEBRASKA SAMPLE. ALTHOUGH THE BAD CHECK LAW IS NOT STRICTLY ENFORCED, THIS IS NOT CONSIDERED RELEVANT IN DETERMINING THE DETERRENT IMPACT OF LEGAL THREATS IN AND OF THEMSELVES. IT IS ARGUED THAT SINCE LAW ENFORCEMENT IS GENERALLY INCONSISTENT, PARTICULARLY IN THE AREA OF MARGINAL CRIMINAL BEHAVIOR SUCH AS BAD CHECK WRITING, THEN THE NEBRASKA EXPERIMENT WOULD INDICATE THAT THE EXISTENCE OF SEVERE PENALTIES DOES NOT RESTRAIN PUBLIC BEHAVIOR BY ITSELF. TABLES OF DATA, FINDINGS, AND REFERENCES ARE INCLUDED. (RCB)