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Crime and punishment
_Group members:
Khanh Ha Bui
Tarun Patel
Aru Muortat
Giorgos Koursaros
 Trends in the crime rates in the USA for the past 60 years
 Economic model of crime
 Difference-in-differences method
 Case study: Three strikes law in California - 2011
 Limitations of the case study and economic model
• Crime in the USA today about half of what it was at its peak in 1991
• This has coincided with a sharp increase in incarceration rates as illustrated below
• Since 1990, incarceration nearly doubled, adding 1.1 million people behind bars
 Earliest form of the model published by Becker in 1968
 Argues that the rational offender faces a gamble: Individuals make
a rational choice between legitimate work or committing crime
 This choice is formulated by the expected utility of each. The model
is made up of the following variables:
W – wages from legitimate activity
Wc – earning from criminal activity
p – the probability of getting caught
s – the cost to the individual in punishment
Expected utility of crime:
U= (1-p) U(Wc)- pU(S)
U= the utility associated with the choice to abstain from
crime i.e. legal earnings
(1-p)U(Wc) is the utility associated with choosing to
commit a crime that does not result in an apprehension
pU(S) is the disutility associated with choosing to
commit a crime that results in apprehension and
punishment
 U(W) is the expected utility from legitimate work
An individual will choose to commit a crime if the following
holds true:
(1-p)U(Wc)- pU(S) > U(W)
i.e. if the expected utility of crime is greater than the
expected utility of work. Crime is:
 Positively related to criminal earnings, U(Wc)
 Negatively related to legitimate earnings, U(W)
 Negatively related to probability of getting caught, p
 Negatively related to punishment, S
 Laboratory experiments:
• These enforce scientific control by testing a hypothesis in the artificial and
highly controlled setting of a laboratory
• Random assignment of participants into control and treatment groups is
organised by the researchers
 Natural experiments (Field Experiments):
• Natural experiments, examine a naturally occurring intervention in the real
world by making use of available real world data.
• Random assignment of units into treatment and control is done naturally by
some real world event, policy or regulation.
 2 groups and 2 time periods
 Treatment group is exposed to the treatment in period
2 but not period 1
 Control group isn’t exposed to the treatment at any
period
 We measure the difference in the differences from time
period 1 to 2 across the two groups to account for
extraneous variables.
Source: http://en.wikipedia.org/wiki/Difference_in_differences
Three Strikes and You’re Out: A Triple Differences
Approach to Estimating the Deterrent Effect of
California’s Three Strikes Law. (Marcet,Daniel 2011)
This case study looks at how criminals in California were
affected by the three strike law, it uses a natural setting
and also uses a difference in difference analysis technique
The model states that individuals choose between criminal
activity and standard economic activity we are specifically
looking at how punishment (S) negatively related to crime.
 The three strike rule implied that criminals were deterred in criminal activity as
harsher punishments were doled out.
 The reason for these laws was two-fold
To incarcerate habitual criminals
To increase penalties
 In this case study we see a natural experiment which utilises difference in
difference analysis
 The treatment group was California as they implemented the three strike law
first. The control groups were 11 un-named states.
 The case study was testing whether criminals relapse back into crime and also the
effect it has as a deterrent
 In order to look for a deterrent effect for harsher criminal sanctions,
it is ideal to have a law that imposes harsh sentences on one group
of criminals while sentencing a group of similar criminals much less
harshly.
 The treatment group
Individuals with two strikes and have been convicted on both
occasions
 The control group
Individuals with two strike-able offense but only one conviction for
the strike-able offense a convicted for a non strike-able offense.
 The three strikes law raises the cost of engaging in a life of
crime for all California criminals. Therefore, if criminals are
future oriented, then it is possible that the law would deter
them regardless of the number of strikes that they have.
 There was some evidence that supports the idea that the law
may be acting to deter crime for individuals with no strikes
and at least one prior felony arrest. Relapse back into crime
decreased by 5.4% for these criminals.
 Individuals with 1 strike reduce their likelihood of committing a serious crime by
8.2%
 Little evidence to suggest that the third strike penalty reduced crime through
deterrence. It showed that those with a 25 to life sentence with two strikes were
no more affected than a person with one strike and a double conviction
 Treatment group was only limited to California
 Unnamed states – uncertainty regarding factors that affect crime
rates
 Gender bias
 Only examines individuals who have the tendency to commit crime,
not all members of society
 Differences in individuals’ risk preferences
 Rationality assumption
 Constructed based on official reported crime statistics <- easily
influenced by victim’s willingness to report crime by police recording
practices and procedures
 Differences in ethical, religious, moral beliefs
 Punishment showed statistically to have only a small effect on crime
deterrence and reoffending
 Implies other factors are responsible for fall in crime since 1990’s
 Police enforcement, legalisation of abortion, decline in crack
consumption
 Incarceration argument does not look at the social effect it has on
society such as family breakdown, e.g: I in 9 African American
children has a parent in prison
 Table 1.
 List of Triggering Offenses (List of Strike able Offenses)113
 “Strikeable offenses” under the three strikes law are broken down into two categories: Violent felonies and serious
felonies. Whether an individual commits a serious felony or a violent felony does not matter for the purposes of
future sentencing.
 Violent Felonies
 Murder
 -Attempted Murder
 Manslaughter
 Rape by force or violence
 Child molestation
 Any felony resulting in great bodily injury or in which a firearm was used-
 Robbery of an inhabited dwelling in which a deadly or dangerous weapon was used-Out-of-state kidnapping
 Serious Felonies
 Aggravated assault
 Arson
 Exploding a destructive device with intent to do harm
 Burglary of an inhabited dwelling
 Robbery or bank robbery
 Kidnapping-Any felony in which the defendant used a dangerous or deadly weapon selling or distributing
heroin, cocaine.
Techniques for empirical analysis of natural
experiments
 Matching
 Instrumental Variables
 Regression Discontinuity
 Fixed Effects
 Difference in Differences
 Assumptions of difference-in-differences
• DID requires a parallel trend assumption
• Composition of individuals of the two groups is assumed to remain unchanged
over time.
• ‘Treatment’ and ‘control’ group should be similar in every way except receipt of
treatment
• All the assumptions of the OLS model apply equally to DID
 Aaron Chalfin, Justin McCary, May 9, 2014. Criminal Deterrence: A Review of the
Literature.
 Chettiar, I. M., February 11, 2015. The Atlantic. [Online]
Available at: http://www.theatlantic.com/features/archive/2015/02/the-many-
causes-of-americas-decline-in-crime/385364/
 Marcet, D., 2011. Three Strikes and You're Out: A Triple Differences Approach to
Estimating the Deterrent Effect of California's Three Strikes Law.

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Economics of crime model

  • 1. Crime and punishment _Group members: Khanh Ha Bui Tarun Patel Aru Muortat Giorgos Koursaros
  • 2.  Trends in the crime rates in the USA for the past 60 years  Economic model of crime  Difference-in-differences method  Case study: Three strikes law in California - 2011  Limitations of the case study and economic model
  • 3.
  • 4. • Crime in the USA today about half of what it was at its peak in 1991 • This has coincided with a sharp increase in incarceration rates as illustrated below • Since 1990, incarceration nearly doubled, adding 1.1 million people behind bars
  • 5.
  • 6.  Earliest form of the model published by Becker in 1968  Argues that the rational offender faces a gamble: Individuals make a rational choice between legitimate work or committing crime  This choice is formulated by the expected utility of each. The model is made up of the following variables: W – wages from legitimate activity Wc – earning from criminal activity p – the probability of getting caught s – the cost to the individual in punishment
  • 7. Expected utility of crime: U= (1-p) U(Wc)- pU(S) U= the utility associated with the choice to abstain from crime i.e. legal earnings (1-p)U(Wc) is the utility associated with choosing to commit a crime that does not result in an apprehension pU(S) is the disutility associated with choosing to commit a crime that results in apprehension and punishment
  • 8.  U(W) is the expected utility from legitimate work An individual will choose to commit a crime if the following holds true: (1-p)U(Wc)- pU(S) > U(W) i.e. if the expected utility of crime is greater than the expected utility of work. Crime is:  Positively related to criminal earnings, U(Wc)  Negatively related to legitimate earnings, U(W)  Negatively related to probability of getting caught, p  Negatively related to punishment, S
  • 9.  Laboratory experiments: • These enforce scientific control by testing a hypothesis in the artificial and highly controlled setting of a laboratory • Random assignment of participants into control and treatment groups is organised by the researchers  Natural experiments (Field Experiments): • Natural experiments, examine a naturally occurring intervention in the real world by making use of available real world data. • Random assignment of units into treatment and control is done naturally by some real world event, policy or regulation.
  • 10.  2 groups and 2 time periods  Treatment group is exposed to the treatment in period 2 but not period 1  Control group isn’t exposed to the treatment at any period  We measure the difference in the differences from time period 1 to 2 across the two groups to account for extraneous variables.
  • 12. Three Strikes and You’re Out: A Triple Differences Approach to Estimating the Deterrent Effect of California’s Three Strikes Law. (Marcet,Daniel 2011) This case study looks at how criminals in California were affected by the three strike law, it uses a natural setting and also uses a difference in difference analysis technique
  • 13. The model states that individuals choose between criminal activity and standard economic activity we are specifically looking at how punishment (S) negatively related to crime.
  • 14.  The three strike rule implied that criminals were deterred in criminal activity as harsher punishments were doled out.  The reason for these laws was two-fold To incarcerate habitual criminals To increase penalties  In this case study we see a natural experiment which utilises difference in difference analysis  The treatment group was California as they implemented the three strike law first. The control groups were 11 un-named states.  The case study was testing whether criminals relapse back into crime and also the effect it has as a deterrent
  • 15.  In order to look for a deterrent effect for harsher criminal sanctions, it is ideal to have a law that imposes harsh sentences on one group of criminals while sentencing a group of similar criminals much less harshly.  The treatment group Individuals with two strikes and have been convicted on both occasions  The control group Individuals with two strike-able offense but only one conviction for the strike-able offense a convicted for a non strike-able offense.
  • 16.  The three strikes law raises the cost of engaging in a life of crime for all California criminals. Therefore, if criminals are future oriented, then it is possible that the law would deter them regardless of the number of strikes that they have.  There was some evidence that supports the idea that the law may be acting to deter crime for individuals with no strikes and at least one prior felony arrest. Relapse back into crime decreased by 5.4% for these criminals.  Individuals with 1 strike reduce their likelihood of committing a serious crime by 8.2%  Little evidence to suggest that the third strike penalty reduced crime through deterrence. It showed that those with a 25 to life sentence with two strikes were no more affected than a person with one strike and a double conviction
  • 17.  Treatment group was only limited to California  Unnamed states – uncertainty regarding factors that affect crime rates  Gender bias  Only examines individuals who have the tendency to commit crime, not all members of society
  • 18.  Differences in individuals’ risk preferences  Rationality assumption  Constructed based on official reported crime statistics <- easily influenced by victim’s willingness to report crime by police recording practices and procedures  Differences in ethical, religious, moral beliefs
  • 19.  Punishment showed statistically to have only a small effect on crime deterrence and reoffending  Implies other factors are responsible for fall in crime since 1990’s  Police enforcement, legalisation of abortion, decline in crack consumption  Incarceration argument does not look at the social effect it has on society such as family breakdown, e.g: I in 9 African American children has a parent in prison
  • 20.  Table 1.  List of Triggering Offenses (List of Strike able Offenses)113  “Strikeable offenses” under the three strikes law are broken down into two categories: Violent felonies and serious felonies. Whether an individual commits a serious felony or a violent felony does not matter for the purposes of future sentencing.  Violent Felonies  Murder  -Attempted Murder  Manslaughter  Rape by force or violence  Child molestation  Any felony resulting in great bodily injury or in which a firearm was used-  Robbery of an inhabited dwelling in which a deadly or dangerous weapon was used-Out-of-state kidnapping  Serious Felonies  Aggravated assault  Arson  Exploding a destructive device with intent to do harm  Burglary of an inhabited dwelling  Robbery or bank robbery  Kidnapping-Any felony in which the defendant used a dangerous or deadly weapon selling or distributing heroin, cocaine.
  • 21. Techniques for empirical analysis of natural experiments  Matching  Instrumental Variables  Regression Discontinuity  Fixed Effects  Difference in Differences
  • 22.  Assumptions of difference-in-differences • DID requires a parallel trend assumption • Composition of individuals of the two groups is assumed to remain unchanged over time. • ‘Treatment’ and ‘control’ group should be similar in every way except receipt of treatment • All the assumptions of the OLS model apply equally to DID
  • 23.
  • 24.  Aaron Chalfin, Justin McCary, May 9, 2014. Criminal Deterrence: A Review of the Literature.  Chettiar, I. M., February 11, 2015. The Atlantic. [Online] Available at: http://www.theatlantic.com/features/archive/2015/02/the-many- causes-of-americas-decline-in-crime/385364/  Marcet, D., 2011. Three Strikes and You're Out: A Triple Differences Approach to Estimating the Deterrent Effect of California's Three Strikes Law.

Editor's Notes

  1. This graph illustrates the crime rates in the USA since 1960, as we can see, crime rapidly increased from 1960, peaked in 1980 and continued to stay high until the early 1990’s where they fell steadily and continue to fall to this day. In this presentation we will focus on how sentencing and incarceration has affected crime by acting as a deterrent, however there are a number of other contributing factors to the decline. Recent studies have propagated the theories that factors such as the in increase in policing during the 90’s, along with the decline of crack and the legalisation of abortion have contributed to the fall.
  2. As the graph above shows, the introduction and strengthening of the “three strikes” legislation that sentences criminals more harshly in the early 90’s coincides with the drop in crime rate in the same time period.
  3. The economic model of crime that was first published in 1968 by Becker argues that a rational offender faces a gamble
  4. Why is it the expected utility of crime? The expected because there is some sense of uncertainty of your income from crime Disutility, because you don’t gain from punishment – negative effect, not positive
  5. If expected utility of crime is greater than expected utility of work, more likely to commit crime. Higher criminal earning mean higher chance of committing crime Higher legitimate earnings, lower chance of committing crime Higher prob of getting caught, lower prob of comitting crime Higher punishment, lower crime
  6. The most controversial part of the California Three Strikes Law is that its mandatory sentences enhancements are enforced regardless of the severity of the crime that an individual commits. This means that criminal with two strikes face the same 25 yearto life penalty if they are convicted of burglary or murder. In addition, criminals with two strikes face a sentence that is, on average, over 8 times longer than criminals with one strike face for the same crime
  7. the purpose of these laws was two-fold: to incarcerate habitual criminals for long periods of time, thus preventing them from committing crimes through incapacitation, and to increase penalties enough so that it was no longer worthwhile For criminals with one or two strikes to recidivate, thus preventing crime through deterrence.
  8. The treatment group is composed of individuals who have been adjudicated for a strike-able offense on exactly two separate occasions and who were convicted of a strike-able offense on each of those occasions. The control group is composed of individuals who were adjudicated for strike-able offenses on exactly two occasions, but convicted for a strike-able offense on exactly one of those occasions and convicted for a non-strike-able offense on the other
  9. Similarly, I find weak, if any, evidence that the double penalties faced by individuals with one strike reduce recidivism rates through a deterrent effect. For the double sentences, I can rule out a deterrent effect greater than 6.9 percentage points, or 15.5%.But this is not to say that the law does not deter any I find some evidence that supports the idea that the law may be acting to deter crime for individuals with no strikes and at least one prior felony arrest. After the three strikes law was passed, recidivism decreased by 5.4 percentage points more for these criminals than it did for similar criminals in other states, even though the no strike criminals in California do not face immediate penalty enhancements under the lawcrime.
  10. 3 strike laws: drastic increase in imprisonment, results do not lead to a decrease in crime Other factors have had larger affects: increase in policy force, legalisation of abortion, decrease in cocaine consumption Does not look at the social effect it has on society such as family breakdown, I in 9 African American child has a parent in prison 83 -94, old study 3 strike law only happened in California, with different cities unorthodox penalty structure creates incentives that cause individuals with two strikes to be 9.2 percentage points more likely to commit a serious or violent felony, conditional on recidivating. On the other hand, I find that individuals with one strike reduce their likelihood of committing a serious or violent felony by 8.2 percentage points, conditional on recidivating
  11. . Models of criminal behavior are usually estimated using official reported crime statistics. Such recorded offences are influenced both by victims' willingness to report crime and by police recording practices and procedures. At the level of the individual police department, both administrative and political changes can lead to abnormalities in reported data or to failures to report any data
  12. First of all, it addresses the concern that individuals with two strikes may be more likely to be arrested than individuals with one strike because of the nature of their criminal history. The fact that an individual was convicted for some offense on an arrest implies a stronger case for guilt than the fact that an individual was simply arrested. Secondly, this definition of recidivism will enable me to see if there is some type of prosecutorial, judicial, or jury bias, or if there is a change in the likelihood that an individual with two strikes accepts a plea bargain, relative to an individual with one strike and a similar criminal history. If the results change significantly between my original definition of recidivism, which was an arrest for any felony, and this definition of recidivism, than one of these factors may be influencing the results.