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When Should Governments Reveal Criminal Histories?

  • Daniel Simundza EMAIL logo
Published/Copyright: April 5, 2016
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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

Proof of Lemma 1

Let Vb be the expected lifetime utility of a publicly known criminal under S. Their problem can be written

vb,θ=maxlsb+βVb,lsb+θδˉτ+βVb

The publicly known potential offender optimally commits the crime if θθbδˉτ, which is increasing in the probability of detection and penalty if caught. □

Proof of Lemma 2

Let Vg be the expected lifetime utility of an unknown criminal under S. Their problem can be written

maxlsg+βVg,lsg+θδ_τ+β1δ_Vg+δ_Vb

After some rearranging, we find that the unknown potential offender optimally commits the crime if θ>θgδ_τ+βδ_VgVb. Of course, this expression involves two endogenous variables, θg and Vg. Since criminal opportunities are distributed uniformly on (0,1) we get E[θ| θ >θg] = (1 + θg)/2. I write lifetime expected utility as

Vg=θglsg+βVg+1θglsg+1θg2δ_τ+β1δ_Vg+δ_Vb

Some algebra, and the definition of θg above, gives

Vg=lsg1β+1θg221β

Substituting this into the expression for θg gives an equation in one unknown

(1)θg=δ_τ+βδ_lsg1β+1θg221βVb

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 lSg=yP+ξgθgP+ξg. To solve for ξg, note that potential criminals with r = g commit crimes with probability 1–θg and are caught with probability δ_. These agents die with probability 1–ß and are replaced by an equal mass of r = g agents. In the steady state, ξg solves

ξg=βξg(θg+1δ1θg+1βξg=1β1β+βδ_βδ_θg

The comparative statics are easily obtained using the Implicit Function Theorem to compute the derivatives after noting that

βδ_1βdlsgdθg=βδ_1βP+1y1β21β+P1β+βδ_βδ_θg2<βδ_1βyP+1<1

for all θg and P given Assumption 2. □

Proof of Lemma 4

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

(2)θ0=δ_τ+βδ_(lL(g)1β+(1θ0)22(1β)V1)
(3)θ1=δ1τ+βδ1lLg1β+1θ1221βVb

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 V1=lLg1β+1θ1221β. Substituting this into (2) above allows the system of equations to be written

(4)θ0=δ_τ+βδ_1θ0221β+1θ1221βθ1=δ1τ+βδ1lLg1β+1θ1221βVb

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 lLg=yP+ξ0θ0+ξ1θ1P+ξ0+ξ1. Using techniques similar to those used to solve for ξg in the proof of Lemma 2, solving for ξ0 and ξ1 gives

ξ0=1β1β+βδ_βδ_θ0;ξ1=β1β1θ0δ_1β+βδ_βδ_θ01β+βδ1βδ1βδ1θ1

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

DΘβδ_1βθ011βδ_1β1θ1βδ11βddθ0lLgβδ11βddθ1lLg+θ111

The determinant of the above matrix is always positive, and so its inverse, DΘ1, exists. It is possible to solve for the inverse matrix, but it is unwieldy and hence suppressed. I note, however, that each component of the inverse matrix is negative.

Differentiating the system in (4) with respect to δ_ gives

Dδ_θ0δ_βδ11βddδ_lLg

Both of the above terms are positive. The Implicit Function Theorem states that dΘdδ=DΘ1×Dδ, and hence dθdδ_>0 and dθ1dδ_>0.

The proof that the optimal cutoff opportunities increase in δ1, τ, y, and β proceeds in a similar manner. □

Proof of Lemma 5

I prove that lS(g)>lL(g) by contradiction. Towards a contradiction, I assume that lS(g) = lL(g) ≡ l and show that the restrictions this assumption places on agents’ behavior are not consistent with equilibrium behavior. Then, since wages are continuous in cutoff opportunities and lS(g) >lL(g) in numerical simulations, it is not possible for lL(g) ≥ lS. (g)

Subtracting the equations characterizing cutoff values θ1 and θg, given in (3) and (1) respectively, yields

(5)θ1θg=δ1δ_τ+βl1βVb+βδ11θ1221βδ_1θg221β

Similarly, subtracting the equations characterizing θg and θ0, given in (1) and (2), yields

(6)θgθ0=βδ_1θg221βδ_1θ0221βVbV1

Adding together equations 5 and 6 gives an expression for θ1θ0. Solving that expression for θ0, which will be useful momentarily, gives

(7)θ0=θ1δ1δ_τ+βl1βVbβδ11θ1221βδ_1θ0221β+V1Vb

Note that the expressions in (5), (6), and ultimately (7), are derived by assuming that lL(g) = lS (g). I next derive an implicit expression relating θ0 and θ1 by substituting the expression for V1 into the equation characterizing θ0. In contrast to the above equations, the following relationship must hold in all equilibria, not just when lL(g) = lS(g). Substituting the expression for V1=lLg1β+1θ1221β into (2) gives

(8)θ0=δ_τ+βδ_1θ0221β1θ1221β

Then setting the equations for θ0 in (7) and (8) equal to one another gives

θ1δ1δ_τ+βl1βVbβδ11θ1221βδ_1θ0221β+V1Vb=δ_τ+βδ_1θ0221β1θ1221β

Recall that θ1=δ1τ+βδ1l1β+1θ1221βVb, and so the θ1 term on the left hand side can be canceled, giving

δ_τ+βδ_l1βVb+βδ_1θ0221βV1Vb=δ_τ+βδ_1θ0221β1θ1211β

Canceling the δ_τ+βδ_1θ0221β terms from both sides and some rearranging gives

βδ_l1β+1θ0221βVbβVVb=0

Noting that V1=l1β+1θ0221β, the above can be re-written as

β1δ_V1Vb=0

But this is a contradiction because V1 >Vb and δ_ < 1 so the left hand side is strictly negative.

This proves that wages for agents with good ratings cannot be equal across notification systems; that is, lS(g) ≠ lL(g). I exploit the continuity of the wages to show that wages for agents with good ratings are always greater under the strict system than under the lenient system. In the numerical simulations discussed in the proof of Proposition 1, the wage for agents with a good public rating is larger under the strict policy. Since equilibrium wages are continuous in cutoff opportunities, lS(g) >lL(g) in all environments satisfying Assumptions 1 and 2. □

Proof of Lemma 6

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 (lL(g) >lL(b)) and are caught less often. Optimizing their cutoff opportunity would only increase their lifetime expected utility.

Then to see that θ0 < θ1, fix the wage at the equilibrium level lL(g) and consider the system of equations defining the cutoff opportunities

θ0=δ_τ+βδ_lLg1β+1θ0221βV1θ0=δ1τ+βδ1lLg1β+1θ0221βV2

If δ_=δ1, then θ0 < θ1 because if some cutoff opportunity x solves the bottom equation, then the left hand side of the top equation is greater than the right hand side evaluated at x because V1 >V2. Decreasing the cutoff opportunity from x decreases the left hand side and increases the right hand, thereby restoring equality and showing that θ0 < θ1. If δ_<δ1, this effect is only reinforced.

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

(9)Wx=lLg+βWx+1x1+x2δ_τ+β1δ_Wx+δ_W1

Define Wg=Wx|x=θg. That is, Wg is the expected value agents with no convictions under the lenient system attain when acting like agents with no convictions under the strict system. As a preliminary step, I first show that Wg –V1 < Vg –Vb. Subtracting V1 from the above expression for Wx evaluated at x = θg gives

WgV1=lLg+βθgWgV1+1θg1+θg2δ_τ+β1δ_WgV11βV1

Solving for Wg –V1 gives

WgV1=lLg+1θg1+θg2δ_τ1βV11βθgβ1δ_1θg

Similar operations give

VgVb=lSg+1θg1+θg2δ_τ1βVb1βθgβ1δ_1θg

Then Wg – V1 < VgVb because lS(g) > lL(g) and V1 > Vb.

Then differentiating (9) with respect to x gives

dWxdx=x+δ_τ+βδ_WxV11β+βδ_βδ_x

Evaluating this derivative at x = θg, gives

dWxdx|x=θg=θg+δ_τ+βδ_WgV11β+βδ_βδ_θg<θg+δ_τ+βδ_VgVb1β+βδ_βδ_θg=0

The inequality holds because Wg – V1 < VgVb, and the equality holds because θg, is optimal for agents without any convictions under the strict system and the First Order Condition gives θg=δ_τ+βδ_VgVb.

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. □

Proof of Proposition 1

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:

δ_=0.1,δ1=0.175,δ=0.18,β=0.95,τ=4,y=0.5,P=2.6.

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 ρS=ξg1θg+ξb1θb and ρL=ξ01θ0+ξ11θ1+ξ21θb be the steady state crime rates implemented by the strict and lenient notification systems, respectively. Then the crime rates implemented by the strict and lenient systems are ρS = 0.32 and ρL = 0.29. The crime rate under the strict notification system is roughly 10% larger.

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 πS=P+ξgθg+ξbθb and πL=P+ξ0θ0+ξ1θ1+ξ2θ2 be the steady state productivity levels implemented by the strict and lenient notification systems, respectively. Note that, since ξg+ξb=ξ0+ξ1+ξ2=1, the crime rates can be re-written as ρS=1ξgθgξbθb and ρL=1ξ0θ0ξ1θ1ξ2θb. Then since ρS = P+1 – πS and ρL = P+1 – πL we have

πSπLρSρL

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Published Online: 2016-4-5
Published in Print: 2016-7-1

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