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When identification can be difficult or costly, you can always just impose harsher penalties to increase the ex ante cost: https://www.theartnewspaper.com/2022/
by wahern 4y ago
When identification can be difficult or costly, you can always just impose harsher penalties to increase the ex ante cost: https://www.theartnewspaper.com/2022/11/10/prison-time-vandals-nevada-petroglyphs-white-river-narrows https://www.theartnewspaper.com/2022/11/10/prison-time-vanda...
Historically this is why in the United States both nominal and actual penalties imposed in Federal criminal cases can be so swift and harsh: the Federal government doesn't want to be in the business of prosaic criminal law enforcement. (Ignoring the changes wrought by the War on Drugs.) But this doesn't work unless the population appreciates this. In the U.S. it's generally understood that Federal penalties tend be swifter and harsher even for mundane infractions; an American will definitely think longer about, for example, trespassing on Federal property than they will comparable private or state properties, even when there's less chance of being caught on the former than the latter.
Or perhaps what this really points to is granting or expanding indigenous groups' territorial and legal sovereignty over various lands and sites, so they can make these decisions themselves.