Abstract
This paper studies how government policies regarding when to publicly reveal criminal histories affect criminal behavior and labor productivity. I focus attention on two policies: a strict policy that publicly reveals citizens’ past criminal acts after the first conviction, and a lenient policy that discloses this information only after the second conviction. My main results provide conditions such that leniency benefits society by minimizing the crime rate and maximizing productivity of the criminal population. The lenient policy can minimize the crime rate when public notification has a relatively small positive effect on detection probabilities and agents have long expected criminal lifetimes. Moreover, I show that when either notification policy minimizes the crime rate it also maximizes labor productivity.
Appendix – Proofs
Let Vb be the expected lifetime utility of a publicly known criminal under S. Their problem can be written
The publicly known potential offender optimally commits the crime if
Let Vg be the expected lifetime utility of an unknown criminal under S. Their problem can be written
After some rearranging, we find that the unknown potential offender optimally commits the crime if
Some algebra, and the definition of θg above, gives
Substituting this into the expression for θg gives an equation in one unknown
Employers will pay a wage equal to the worker’s expected productivity, given that his rating is “good.” Let ξg be the fraction of workers with r = g in equilibrium. Then
The comparative statics are easily obtained using the Implicit Function Theorem to compute the derivatives after noting that
for all θg and P given Assumption 2. □
Using techniques similar to those used in the proof of Lemma 2 allows the equations characterizing the agents’ optimal cutoff opportunities to be written as
where V1 is the expected lifetime utility of an agent with one conviction under the lenient system. Again using techniques similar to those used in the proof of Lemma 2 gives
Again, employers pay a wage equal to the worker’s expected productivity, given that his rating is “good.” Let ξ0 and ξ1 be the fraction of workers with zero and one convictions, respectively, in equilibrium. Then
The system of equations in θ0 and θ1. can now be solved to find the optimal cutoff values.
The comparative static results are found using differentiation via the Implicit Function Theorem on the system in (4). Differentiating the system with respect to Θ = (θ0, θ1.) gives the Jacobian
The determinant of the above matrix is always positive, and so its inverse,
Differentiating the system in (4) with respect to
Both of the above terms are positive. The Implicit Function Theorem states that
The proof that the optimal cutoff opportunities increase in δ1, τ, y, and β proceeds in a similar manner. □
I prove that
Subtracting the equations characterizing cutoff values θ1 and θg, given in (3) and (1) respectively, yields
Similarly, subtracting the equations characterizing θg and θ0, given in (1) and (2), yields
Adding together equations 5 and 6 gives an expression for θ1–θ0. Solving that expression for θ0, which will be useful momentarily, gives
Note that the expressions in (5), (6), and ultimately (7), are derived by assuming that
Then setting the equations for θ0 in (7) and (8) equal to one another gives
Recall that
Canceling the
Noting that
But this is a contradiction because V1 >Vb and
This proves that wages for agents with good ratings cannot be equal across notification systems; that is,
First note that the lifetime expected utility of an agent with one conviction exceeds that of a publicly known criminal (i.e. V1 >V2). If agents with one conviction mimicked publicly known criminals (by using θ2 as a cutoff opportunity), then they would be better off than than the publicly known criminal. This is because they receive a larger wage (
Then to see that θ0 < θ1, fix the wage at the equilibrium level
If
To see that θ0 < θg, define Wx as the value attained by agents with no convictions under the lenient system when using x as their cutoff opportunity. Then
Define
Solving for Wg –V1 gives
Similar operations give
Then Wg – V1 < Vg–Vb because
Then differentiating (9) with respect to x gives
Evaluating this derivative at x = θg, gives
The inequality holds because Wg – V1 < Vg – Vb, and the equality holds because θg, is optimal for agents without any convictions under the strict system and the First Order Condition gives
This shows that the lifetime expected utility of h = 0 under L decreases in the cutoff opportunity at x = θg. So an agent with no convictions under the lenient system could do better than mimicking the agent with no convictions under the strict system by using a lower cutoff. But this is a local argument – it is possible some y >θg actually maximizes utility. Assume, towards a contradiction, that some such y >θg exists. Since lifetime expected utility is continuous and differentiable in the cutoff opportunity, there must be some θ′ >θg at which lifetime expected utility attains a local minimum, and the slope at θ′ is necessarily zero. But the Second Order Condition holds whenever the First Order Condition holds, and so there cannot be any θ′ >θg that is a local minimum. □
The first part of the proof is constructive – using numerical simulations, I show that the lenient system can result in the lower crime rate when the probability of detection and the expected criminal lifetime are all sufficiently large. Lemma 4 showed that θ1 is increasing in δ1 and β, so the exercise is to show that when these parameters are large enough, θ1 is large, and the crime rate under the lenient notification system can be lower than the crime rate under the strict system.
Consider as a benchmark the following constellation of parameters:
In this environment, the optimal cutoff opportunities under the strict and lenient systems are θg = 0.65, θb = 0.72, and θ0 = 0.57, θ1 = 0.92, θ2 = 0.72, respectively. Let
To illustrate the importance of the probability of detection, consider what happens when δ1 falls to 0.14 and all other parameters are held constant. Since nothing is affected under the strict system, θg and θb are unchanged, and hence so is ρS. The fall in δ1 leads to a decrease in d1 to 0.78. The fact that agents with one conviction commit more crimes (and are therefore less productive) with the lower probability of detection puts downward pressure on the wage, which also leads to a decrease in unknown criminals’ cutoff opportunity to θ0 = 0.55, further increasing the crime rate. The crime rate then increases to ρL = 0.36, which becomes greater than ρS = 0.32.
Next, consider what happens when ß falls to 0.85 and all other parameters are as in the benchmark above. This example illustrates how β directly affects both cutoff opportunities and the steady state composition of criminal types. The decrease in the probability of living to next period decreases the cutoff opportunities for agents with good ratings to θg = 0.50, θ0 = 0.47, and θ1 = 0.76. These changes decrease ξ1, the steady state mass of agents with 1 conviction, from 0.36 in the benchmark to 0.19 after β falls. The corresponding increase in the steady state mass of unknown criminal types, ξ0, is from 0.55 to 0.77. With this lower β, the crime rates are ρS = 0.45 and ρL = 0.47.
To see that productivity is maximized when the crime rate is minimized, let
□
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©2016 by De Gruyter
Articles in the same Issue
- Frontmatter
- Litigation with a Variable Cost of Trial
- Ex ante versus Ex post Governance: A Behavioral Perspective
- Risk Aversion, the Hand Rule, and Comparison between Strict Liability and the Negligence Rule
- Takings and Tax Revenue: Fiscal Impacts of Eminent Domain
- When Should Governments Reveal Criminal Histories?
- Ideology and Strategy among Politicians: The Case of Judicial Independence
- Tax Return as a Political Statement
- What Makes Law to Change Behavior? An Experimental Study
Articles in the same Issue
- Frontmatter
- Litigation with a Variable Cost of Trial
- Ex ante versus Ex post Governance: A Behavioral Perspective
- Risk Aversion, the Hand Rule, and Comparison between Strict Liability and the Negligence Rule
- Takings and Tax Revenue: Fiscal Impacts of Eminent Domain
- When Should Governments Reveal Criminal Histories?
- Ideology and Strategy among Politicians: The Case of Judicial Independence
- Tax Return as a Political Statement
- What Makes Law to Change Behavior? An Experimental Study