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Crime and Punishment: An Economic Approach Gary Becker
Thursday, January 26, 2012 Economics 206-‐ Team Lewis
Tevy Chawwa, Igor Hernandez, Nan Li, and Laura Paul
I. Introduction o How many resources should be used to enforce the laws? Is there an optimal
level of crime? o The optimal level of enforcement depends of costs of apprehension,
conviction, punishment and the elasticity of the supply of crime with respect to changes in enforcement
• Economics allows us to take these parameters and to minimize social loss.
• Some people commit crimes when others do not because their costs and benefits differ.
II. Basic Analysis o The Cost of Crime
• The US Bureau of Justice Statistics reports In 2010, a total of 7.1 million persons under “supervision of
adult correctional authorities” (in jail or on probation). Between 2008 and 2009, there were a total of 86,975 federal
sentences imposed, only 2,747 of which were fines. During 2007, the cost of the nation's police protection,
corrections, and judicial and legal services was $228 billion, an increase of 171% since 1982, after adjusting for inflation.
In 2007, a total of 2.5 million persons were employed in the nation's justice system, an increase of 93% from 1982, when 1.3 million persons were employed.
o The Model • Damages
Harm, H, is a function of activity level, O. - 𝐻! > 0,𝐻!! > 0
The gain to offenders, G, is also a function of O. - 𝐺! > 0,𝐺!! > 0
Net damage to society, D, is a function of the two: - 𝐷 𝑂 = 𝐻 𝑂 − 𝐺 𝑂 (3) - 𝐷! > 0 ∀ 𝑂 > 𝑂! if 𝐷! 𝑂! > 0
• The Cost of Apprehension and Conviction Police activity, A, is a function of manpower, materials and
capital. Therefore, the cost of law enforcement, 𝐶 = 𝐶(𝐴) (6), is a
function of this activity.
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An empirical measure of law enforcement activity could be the number of offenses cleared by conviction: 𝐴 ≅ 𝑝𝑂 (7)
• Where p is the ratio of offenses convicted to all offenses committed (probability of conviction). Substituting (7) into (6) and differentiating we have 𝐶! =
!"(!")!"
= 𝐶!𝑂 > 0 and 𝐶! =!"(!")!"
= 𝐶!𝑝 > 0 (6, 8) • The Supply of Offenses
The number of crimes that an individual, j, will commit is a function of the probability that they will be caught, the punishment and other influences on criminal activity: - 𝑂! = 𝑂! 𝑝! , 𝑓! ,𝑢! ,
!!!!!!
< 0, !!!!!!
< 0 (12)
- The other influences, uj, could be educational attainment, income level, or cultural influences.
An increase in 𝑝! compensated by an equal percentage reduction in 𝑓! would not change the expected income from an offense, but could change the expected utility through risk. - 𝐸𝑌! = 𝑝! 𝑌! − 𝑓! + 1− 𝑝! 𝑌! = 𝑌! − 𝑝!𝑓! (fn 17)
From the Expected Utility Maximization Problem - !!"!
!!!= 𝑈! 𝑌! − 𝑓! − 𝑈! 𝑌! < 0 and
!!"!!!!
= −𝑝!𝑈!′ 𝑌! − 𝑓! < 0.
- And if 𝜀! > 𝜀! , it can be shown that
- !! !!!!! !!! !!!!
> 𝑈!! 𝑌! − 𝑓!
- Graphically, if the criminal is risk lover,
The stronger effect of p could reflect other forces.
- Limited government budgets result in “cheaper” punishments.
- Monetary punishments might impact rich and poor differently.
- Risk aversion level and time preference will change the impact of punishments in the future.
• In the US, it can take years for criminal cases to
Yj#$ fj Yj#
Utility
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be processed. This also allows for discounting. • Conviction lag in other countries could instead
increase in f substantially. Extension: entrepreneurs, like criminals, are risk lovers and
generate externalities. - Call p probability of recognition and f reward. - Would p have a larger effect on entrepreneurs? - How would f incentivize entrepreneurs? - Could we turn criminals into (legal) entrepreneurs with
positive externalities? • Punishments
The cost of punishment varies between individual and type of punishment.
Punishments are translated in to a monetary cost by the coefficient b. - For example, fines create little to no cost to society, so
𝑏 = 0. - Whereas imprisonment represents a high cost to
society, so 𝑏 > 0. This is because society must pay the costs of the prison operation.
- Is b and effective way to monetize punishments? By how much does it vary? Is it correlated with the number of offenses?
Would remorse on the part of the criminal remove the need for punishment?
III. Optimality Conditions
o Societies could reduce the number of crimes to near zero, however, the cost to society of enforcement would be more than that of allowing some crimes.
o Social loss is made up of cost to offenders and cost to society and is a function of the damages to society, cost of law enforcement, costs of punishment, and the number of offenses.
• 𝐿 = 𝐿 𝐷,𝐶, 𝑏𝑓,𝑂 and 𝐿 = 𝐷 𝑂 + 𝐶 𝑝,𝑂 + 𝑏𝑝𝑓𝑂 (18). Where !"
!"> 0, !"
!"> 0, !"
!"#> 0, and bpfO is the total social loss
from punishments. • What about other influences on crime and interaction between the
variables? o Our objective is to minimize social loss, L. Marginal costs should be equal to
the marginal revenue in the optimal condition. • The marginal cost of changing the number of offenses through a
change of punishment, f: 𝐷! + 𝐶! = −𝑏𝑝𝑓(1− !!!) (21).
• The marginal cost of changing the number of offenses through a change of the probability of being caught, p:
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𝐷! + 𝐶! + 𝐶!!!!= −𝑏𝑝𝑓(1− !
!!) (22).
• Where the elasticities of punishment and probability of being caught are: 𝜀! = − !
!𝑂! and 𝜀! = − !
!𝑂! (23).
The death penalty (highest form of punishment) upholds the assumption that elasticity of punishment is relatively inelastic ( 𝜀! < 1).
o Only risk preference and marginal utility of crime can determine the marginal benefit of crime. Policy (determining punishment level and probability of being caught) is what defines the marginal cost.
o Extensions • If offenders were all risk neutral, what would be the socially optimal
p and f? • What if we turned this into a principal-‐agent model? • In the case where f is too high, and a conviction would mean a big
social loss, the judges and juries would not be so inclined to convict people.
o We can introduce a measure of price discrimination into social loss:
• 𝑣 = !!= !!!
! (fn 30).
• Additional social loss is created when criminals are not caught and punished as compared to when they are.
IV. Shifts in Behavioral Relations
Variable Example Effects O*
1 Marginal Damages, 𝐷! = !"
!" increases
Corresponds to different kinds of offenses
• !"!", !"!" increase,
• p* and f* increase Decreases
2
Marginal cost of apprehension and conviction, 𝐶! = !"
!"
increases
Increase in benefits to police or judges
• !"!", !"!" increases
• p* and f* increase Decreases
3
Marginal cost of changing the probability that an offense is convicted, 𝐶! =
!"!" increases
Quantity of patrolling police officers increases
• No direct effect to 𝑀𝑅!
• Reduces 𝑀𝑅! • Reduces p* and
only partially compensates with increase in f
Increases
4
Marginal costs of changing the probability and conviction C’ and 𝐶! increase
Increase the wages of police officers
• f* increase • Can increase or
decrease p*
Could increase or decrease
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Marginal costs of changing the probability and conviction C’ and 𝐶! decrease
Improved police technology
• f* decrease • Can increase or
decrease p*
Could increase or decrease
6 If 𝑏 > 0, !"!" decreases
If the elasticity of f is low, people commit crimes no matter the punishment (like teenagers)
• f* decrease • p* increase • 𝑀𝑅! Increases
Increases
7 If 𝑏 > 0, !"!" decreases
If the elasticity of p is low, people commit crimes no matter the probability
• f* increase • p* decrease • 𝑀𝑅!Increases
Increases
8 If 𝑏 = 0, !"!" has no
effect • No effect No effect
9 If b increases The cost of the punishment to society increases
• f* decrease • p* increase • 𝑀𝑅!and 𝑀𝑅!
increase
Increases
V. Fines
o Optimality Conditions • Assumption: b=0, p=1, C’=0, D’ can be 0 or negative • Optimal level of fines is equal to full compensation for the damage.
𝐿 = 𝐷! 𝑂 = 0 (24) 𝑉 = 𝐺! 𝑂 = 𝐻! 𝑂 (25, 26) 𝑓 = 𝑉 = 𝐻! 𝑂 (27)
• This means fine should be set at the level that just compensate the harm of the offense to the society If 𝐶! > 0, then 𝐷! 𝑂 + 𝐶! 𝑂, 1 = 0 (28) 𝑓 = 𝐻! 𝑂 + 𝐶! 𝑂, 1 (29)
• In this case, fine should be set to compensate both the harm of offense and the cost of catching and convicting offender. Every offense can fully be compensated by a fine, 𝑏 = 0. You have to assume that 𝐷’ = 𝐻’− 𝐺’ < 0. In other words, the
private gain can be higher than the compensation to society. Under those two conditions, you can create a fine that
compensates for the damage. o The Case for Fines
• Arguments for fines Fines do not use up social resources.
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Easy to use in setting optimal level of punishment and does not require an understanding of the elasticity of supply.
Comply with the status quo principle—they redistribute wealth to put the harmed back to how things were before the crime. Fines do not easily cause anger or fear.
• Arguments against fines Moral issue: offenses can be bought at a price. However,
imprisonment can also be measured in monetary terms. When 𝑏 > 1, the richer the offender, the larger his elasticity
with respect to fines. When 𝑏 = 0, the poorer the offender, the larger his elasticity
with respect to fines. • Certain crimes are so bad that no amount of money can compensate.
Those convicted are thus debtors to the society. The optimal prison terms are actually in favor of offenders
because the punishment will never be equal to the cost inflicted.
• Compare social cost to the cost for the offender. Do fines compensate social costs of crime? Imprisonment increases social cost.
VI. Some Applications o Use a profit function to show the increase in income from optimal benefits:
• Π = 𝐴 𝐵 − 𝐾 𝐵,𝑝! − 𝑏!𝑝!𝑎𝐵 (33) At the margin, benefactors are risk avoiders, if the following
holds: - !"#
!!!
!!!> !"#
!"!! (fn 61)
- where 𝐸𝑈 = 𝑝!𝑈 𝑌 + 𝑎 + 1− 𝑝! 𝑈 𝑌 - by differentiating, ! !!! !!(!)
!> 𝑈′(𝑌 + 𝑎).
o The Effectiveness of Public Policy • 𝐸 = ! !! ![! ! !! !,! !!!!!
! !! !! !! (fn 65)
where 𝑝, 𝑓, and 𝑂 denote optimized values. 𝑂! is the number of offenses that would occur if 𝑝 = 𝑓 = 0, and 𝑂! is the value of O that minimizes D.
o A Theory of Collusion • Collusion is a good fit for industries where supply elasticity is high
and demand elasticity is low. • Regarding punishment, the most desirable form is fine (no collective
loss).
VII. Criticism o On the Criminals’ risk attitudes
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• Becker argues that because 𝜀! > 𝜀! , then the criminals should be risk lovers (fn 19)
• However, Brown and Reynolds (1973) observe that this result only holds because of the definition of loss used, which is the difference between what happened (being caught) and what might have happened A more common approach is if the criminal is successful with
the offense, he wins G, and if he is caught, he loses L, and therefore the expected utility can be written as - 𝐸𝑈 = 𝑝𝑈(𝑊 − 𝐿)+ (1− 𝑝)𝑈(𝑊 + 𝐺), where 𝑊 is the
initial wealth and 𝑈(∙) is a von Neumann-‐Morgernstern utility function.
- Taking derivatives with respect to 𝑝, 𝐿 and 𝐺, they show • !"#
!"= 𝑈 𝑊 − 𝐿 − 𝑈(𝑊 + 𝐺),
• !"#!"
= −𝑝𝑈′ 𝑊 − 𝐿 < 0
• !"#!"
= (1− 𝑝)𝑈′ 𝑊 + 𝐺 < 0
- Then 𝜀! = − !"#!"
!!"= − 𝑈 𝑊 − 𝐿 − 𝑈 𝑊 + 𝐺 !
!" and
𝜀! = − !"#!"
!!"= 𝑝𝑈! 𝑊 − 𝐿 !
!" .
- Whether 𝜀! ⋛ 𝜀! depends on ! !!! !! !!!
!⋛ 𝑈′ 𝑊 − 𝐿 or
! !!! !! ! ![! ! !! !!! ]!
⋛ 𝑈′ 𝑊 − 𝐿 .
• If 𝑈’’ > 0 (risk lovers), we know that [! ! !! !!! ]!
> 𝑈′ 𝑊 − 𝐿 and therefore 𝜀! > 𝜀! . We want to show that if 𝑈’’ < 0, 𝜀! > 𝜀! can also hold.
• In the graph, 𝑈′ 𝑊 − 𝐿 can be measured as !!!
! and [! ! !! !!! ]
!
can be measured as !!!!, and ! !!! !! !
! can be measured as !!!
!
(assuming 𝐺 = 𝐿) .
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• Whether 𝜀! ⋛ 𝜀! depends on !!!!
+ !!!!
⋛ !!!! or
𝐷 − 𝐸 + 𝐵 − 𝐶 ⋛ (𝐴 − 𝐶). • We know that 𝐴 − 𝐶 > 𝐵 − 𝐶, but if (𝐷 − 𝐸) is large enough,
that is, if [𝑈(𝑊 + 𝐺) – 𝑈(𝑊)] is large enough, then 𝜀! > 𝜀! even for risk avoiders.
• Using this new definition of loss means that if authorities make off-‐setting changes in p and L rather than p and f, the expected income would change For criminals that are risk avoiders (something theoretically
possible), the scenario in which p decreases and L increases could, in some cases, increase the number of offenses.
• Graphically, if p reduces and L moves to L’, we could end up moving from A* to B**, which, for a criminal that is risk averse (as shown previously, this case cannot be ruled out), and the number of offenses could increase.
VIII. Conclusion o This paper shows that crime can be seen as a problem of allocation of
resources, where criminals are trying to maximize their utility, and authorities are trying to minimize the social losses of crime.
o Benefits from an offense come from the preferences of criminals. However, the number of offenses is determined once authorities choose the optimal values of conviction and punishment.
o If criminals are considered to be risk lovers, then the effect of changes in the probability of conviction could be higher than the effect of changes in the level of punishment. On the other hand, increasing the probability of conviction is associated with higher levels of enforcement (and higher costs of activity).
o Fines are more suitable than other punishments because they create a higher reduction in social loss, however, there are some other considerations that allow the use of other punishments.
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o This model can be applied to interpret other types of problems such as optimal benefit, effectiveness of public policy and theory of collusion.
o There are some other considerations that the model does not address, such as the effect of enforcement error and the implications of elasticity in the risk preferences among criminals. A dynamic model of crime could be also an important extension of this paper.
IX. References o Becker, Gary, 1968, “Crime and punishment: an economic approach.” Journal
of Political Economy 76: 169-‐217. o Brown, W. and Reynolds, M. 1973, “Notes, Comments, and Letters to the
Editor, Crime and “Punishment”: Risk Implications.” Journal of Economic Theory 6, 508-‐514.
o Cassidy, T., Koumpias, A., Liang, X. and Zhou, Y. 2011, “Notes for Gary Becker’s “Crime and Punishment: An Economic Approach.”
X. Variables Variable Description
𝐻! Harm (to society) from the ith criminal activity 𝑂! Criminal activity level (number of offenses) 𝐺 Gain to offenders (criminals) 𝐴 Law enforcement activity, 𝐴 = 𝐴 𝑚, 𝑟, 𝑐 a function of manpower, materials
and capital. 𝐶 Cost of police and court activity 𝑃 Probability that an offense (crime) is cleared by conviction
ℎ 𝑝,𝑂,𝑎 A function of activity, A, where, 𝑖𝑓 ℎ!, ℎ! ,𝑎𝑛𝑑 ℎ! > 0 𝑡ℎ𝑒𝑛 𝐶!,𝐶! ,𝑎𝑛𝑑 𝐶! > 0 𝑂! The number of offenses that one would commit during a particular period 𝑝! The probability of conviction per offense 𝑓! The punishment per offense (e.g. fines, torture, death) 𝑢! All other influences on criminal activity (e.g. education level, additional income
for law-‐abidingness) 𝑌! Income (monetary and psychic) from committing an offense 𝑓! Social cost of crime 𝑏 Transforms punishment into monetary cost (to society). For example,
𝑏 ≅ 0 for fines and 𝑏 > 1 for torture 𝑂 The optimal number of offenses
𝐺 𝑂 The marginal private gain of crime 𝑉 Monetary value of marginal penalties 𝜇 The expected punishment, 𝜇 = 𝑝𝑓 𝜎 The variance, 𝜎! = 𝑝(1− 𝑝)𝑓! 𝑣 The coefficient of variance (price discrimination of punishment)