Abstract
A utility maximising framework for criminal behaviour is developed and a number of precise functional forms considered for the utility function of a representative criminal. The Kahneman–Tversky form seems to fit current empirical evidence, expressed mainly as the ratio of certain elasticities, better than some other candidates but a more general Markowitz function, centred at current wealth, is another possibility. The criminal’s optimal level of crime is obtained and comparative statics derived to help suggest how crime might be controlled. The solution involves an upper limit on the odds against detection of the criminal. Further empirical work is encouraged to ascertain if crime is a favourable bet and to elicit the utility function of a representative criminal in this analytical framework.
Appendix: mathematical derivations and proofs
A1 Maximising expected utility
For given
A2 Optimal expected utility elasticities and proposition 1
Substituting
which is zero, with (
The latter condition reduces to:
which gives the slope of an indifference curve:
A3 Implications of eq. [5] for crime deterrence
Based on eq. [5], the indifference surface in
In this case, the limiting condition to prevent the criminal from engaging in at least small-scale crime would be:
If he is loss-averse over the range
A4 Comparative statics for the optimal levels of crime
Comparative statics derivatives for x* with regard to
To ensure that eq. [5] produces a maximal value of E, the second order condition is
and hence the denominators of the expressions for
Taking
A5 Propositions 3 and 4
Proposition 3 is a special case of the comparative statics results above and Proposition 4 follows since the ratio of elasticities in eq. [7] will be greater than 1 if and only if the Arrow-Pratt measure of risk aversion at
A6 Optimal levels of crime for a variety of utility functions
Kahneman and Tversky:
where a,b,k,h are positive and
It is clear that for
Risk averse-Risk averse:
where a, b, k, h are positive; and
and for
and whilst the criminal would prefer
To ensure that the criminal gain,
Risk averse-Risk seeking:
if
Markowitz:
Let the criminal’s utility function be:
where a, b, k, h > 0, w is current wealth and
and hence
In this case, the benefit to the criminal of no detection
The criminal’s optimal choice of
A7 Comparative statics for a variety of utility functions
The comparative statics solutions eq. [6] with
Kahneman and Tversky:
and
Since
which is negative if either
Risk averse-Risk averse:
Risk averse-Risk seeking:
Markowitz:
The sign of
which is negative if either
If
A8 Relative deterrent elasticities for a variety of utility functions
With fine
Kahneman and Tversky:
which is greater than 1 if and only if
Since
which is clearly satisfied if
which is greater than 1 if and only if
Although it seems that
without any qualification other than, in the latter case, the obvious one that
Risk averse-Risk averse:
Risk averse-Risk seeking:
Markowitz:
References
Beccaria, C. 1971 [1764]. “On Crime and Punishment,” in S. E.Grupp, ed. Theories of Punishment. Bloomington, IN: Indiana University Press, 117–137.Suche in Google Scholar
Becker, G.S. 1968. “Crime and Punishment: An Economic Approach,” 76 Journal of Political Economy 169–217.10.1086/259394Suche in Google Scholar
Bentham, J. 1843 [1788]. “Principles of Penal Law,” 1 Works 399.Suche in Google Scholar
Block, M. K., and V. E. Gerety. 1995. “Some Experimental Evidence on Differences Between Student and Prisoner Reactions to Monetary Penalties and Risk,” 24 Journal of Legal Studies 123–138.10.1086/467954Suche in Google Scholar
Ehrlich, I. 1996. “Crime, Punishment and the Market for Offences,” 10 Journal of Economic Perspectives 43–67.10.1257/jep.10.1.43Suche in Google Scholar
Friedman, M., and L. J. Savage. 1948. “The Utility Analysis of Choices Involving Risk,” LVI Journal of Political Economy 279–304.10.1086/256692Suche in Google Scholar
Gould, E., B. Weinberg, and D. Mustard. 2002. “Crime Rates and Local Labour Market Opportunities in the US: 1979–1995,” 84 The Review of Economics and Statistics 45–61.10.1162/003465302317331919Suche in Google Scholar
Grogger, J. 1991. “Certainty vs. Severity of Punishment,” 29 Economic Inquiry 297–309.10.1111/j.1465-7295.1991.tb01272.xSuche in Google Scholar
Hylton, K. N. 2005. “The Theory of Penalties and the Economics of Criminal Law,” 1 Review of Law and Economics 175–201.10.2202/1555-5879.1024Suche in Google Scholar
Kahneman, D., and A. Tversky. 1979. “Prospect Theory: An Analysis of Decision under Risk,” 47 Econometrica 263–291.10.21236/ADA045771Suche in Google Scholar
Markowitz, H. 1952. “The Utility of Wealth,” 56 Journal of Political Economy 151–154.10.1086/257177Suche in Google Scholar
Miceli, T. J. 2012. “Deterred or Detained? A Unified Model of Criminal Punishment,” 8 Review of Law and Economics 1–20.10.1515/1555-5879.1603Suche in Google Scholar
Neilson, W. S., and H. Winter. 1997. “On Criminals’ Risk Attitudes,” 55 Economic Letters 97–102.10.1016/S0165-1765(97)00042-6Suche in Google Scholar
Tabbach, A. D. 2009. “Does a Rise in Maximal Fines Increase or Decrease the Optimal Level of Deterrence?” 5 Review of Law and Economics 53–73.10.2202/1555-5879.1245Suche in Google Scholar
Van Der Weele, J. 2012. “Beyond the State of Nature: Introducing Social Interactions in the Economic Model of Crime,” 8 Review of Law and Economics 401–432.10.1515/1555-5879.1551Suche in Google Scholar
©2016 by De Gruyter
Artikel in diesem Heft
- Frontmatter
- Becker, Coase, Tullock and Manne: A Personal Tribute
- Convergence of Legal Rules: Comparing Cooperative and Non-Cooperative Processes
- Causal Apportionment of Tort Liability: An Efficient Approach
- The Effect on Lawyers Income of Gender Information Contained in First Names
- An Economic Assessment of Criminal Behaviour
- The 2007 Judicial Reform and Court Performance in Egypt
- Entrepreneurship and the Legal Form of Businesses: The Role of Differences in Beliefs
- How Accurately Can Convertibles be Classified as Debt or Equity for Tax Purposes? Evidence from Australia
- Constitutional Commitment to Social Security and Welfare Policy
Artikel in diesem Heft
- Frontmatter
- Becker, Coase, Tullock and Manne: A Personal Tribute
- Convergence of Legal Rules: Comparing Cooperative and Non-Cooperative Processes
- Causal Apportionment of Tort Liability: An Efficient Approach
- The Effect on Lawyers Income of Gender Information Contained in First Names
- An Economic Assessment of Criminal Behaviour
- The 2007 Judicial Reform and Court Performance in Egypt
- Entrepreneurship and the Legal Form of Businesses: The Role of Differences in Beliefs
- How Accurately Can Convertibles be Classified as Debt or Equity for Tax Purposes? Evidence from Australia
- Constitutional Commitment to Social Security and Welfare Policy