The punishment dilemma versus cutting the road toll Norwegian style

Traffic offences are example of the punishment dilemma: there but for the grace of god I as the offender.

DUI

That makes voters, most of who drive a car, reluctant to support strong punishments for crimes they might happen to commit somewhat accidentally rather than through some malicious intent.

Traffic offences are the breaches of the law  where ordinary citizens are most likely to have encounters with the police and the courts.

This is where the punishment dilemma between obeying the law and brute self-interest are at their sharpest. Everyone wants other people to obey the law , but they are not so sure about themselves, especially when the punishments are harsh.

Juries would not convict drivers for manslaughter so new offences such death by dangerous driving and by negligent driving were introduced with lighter prison terms. People would get a few months for killing people when drunk.

That has changed in recent decades with a hardening of community attitudes to dangerous driving and drunk driving.

An important reason is that with rising incomes, more people can afford a taxi so they a less likely to go down the steps because they are less likely to be caught in a situation of drink-driving or dangerous driving.

Norway has the strictest drink driving laws in Europe:

  • The maximum blood alcohol content is equal to a small glass of a weak drink and heavy punishments with few second chances.
  • The blood-alcohol limit for impaired driving is .02, with stiffer penalties for every point over that.
  • Driving under the influence of alcohol is punishable by at least 1 day in jail, a heavy fine and the loss of the driver’s license for a year.
  • Driving with a blood alcohol level of over 1.5 may lead to one year of prison.

Many Norwegians take a taxi to parties while others make arrangements to stay over with the hosts.

In praise of traffic cops

Due to budget cuts, 35% of Oregon State Highway Police were laid off. These mass layoffs dramatically reduced citations and resulted in a 10-20% increase in injuries and fatalities.

The strongest effects were under fair weather conditions outside of city-limits where state police employment levels were most relevant.

These results in DeAngelo and Hansen’s “Life and Death in the Fast Lane: Police Enforcement and Traffic FatalitiesAmerican Economic Journal: Economic Policy 2014 suggest that a highway fatality can be prevented with $309,000 of additional expenditures on traffic police.

A standard measure of the “value of a statistical life” is it is worth taking regulatory or law enforcement actions that reduce the risks of death when the costs of these actions are less than about $9 million per life saved.

Road safety is an area where James Buchanan’s punishment dilemma is strong:

For some laws or behavioural rules, the individual’s self-interest may override adherence [to the law], at least in certain circumstances.

Traffic violations offer a good example here.

Recognizing that he may himself violate traffic regulations on occasion, the individual may be reluctant to accept institutions that impose severe penalties, despite his preferences that all “others” than himself should be led to obey the general rules by sufficiently severe sanctions.

Just as the individual prefers that all others abide voluntarily by law while he remains free to violate it, so, too, he prefers that differentially severe punishment for law violation be meted out to others than himself.

Voters are less than keen to support strong penalties and convict when sitting on juries because of the fear that there but for the grace of god go I: that they would be in the dock at the receiving end of the heavy punishments.

If we commit to punish offenders and those who might commit offenses are deterred by this commitment to punish them, there would be fewer offenses. This also means doing the unpleasant things of meeting out these punishment when there are offenses by the undeterred:

  • It is painful to subject others to punishment (“son, this is going to hurt me as much as it hurts you”); and
  • It is even more painful to vote for penalties that may be imposed on yourself in person.

The initially low penalties for causing death by dangerous driving is an example of the punishment dilemma. These penalties only slowly increased over several decades as societal attitudes hardened.

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