  We develop a general model for finding the optimal penal strategy based on
the behavioral traits of the offenders. We focus on how the discount rate
(level of time discounting) affects criminal propensity on the individual
level, and how the aggregation of these effects influences criminal activities
on the population level. The effects are aggregated based on the distribution
of discount rate among the population. We study this distribution empirically
through a survey with 207 participants, and we show that it follows
zero-inflated exponential distribution. We quantify the effectiveness of the
penal strategy as its net utility for the population, and show how this
quantity can be maximized. When we apply the maximization procedure on the
offense of impaired driving (DWI), we discover that the effectiveness of DWI
deterrence depends critically on the amount of fine and prison condition.
