NCJ Number
80650
Date Published
1980
Length
19 pages
Annotation
Sentencing is considered in terms of an economic welfare theory which holds that society has the collective right to punish offenders to maintain order and well-being. Becker's cost-benefit model of the decision to offend and the determination of the extent of enforcement and punishment is applied to determine the economic value of sentencing.
Abstract
Society collectively pays for the right to law enforcement and punishment of offenders. Punishment is an expense exacted with only a part of crimes committed, because only a segment are discovered, reported, or cleared. The cost to society for stepping up enforcement to clear all crimes would be prohibitive, out of proportion to the benefit realized. Becker poses that society's goal is to minimize the total cost of criminal activity (including injury, social costs, and criminal justice costs.) He sets up several cost variables (i.e., number of crimes, extent of their injury, and relationship of the number to degree of injury). He also notes that costs to investigate climb higher as the criminal's risk of being caught increases. Some crimes are more difficult and costly to clear; others relatively cheap. The prevention effect is another factor to consider. Using these points, Becker sets up a model of comparative statistics. Although the model cannot help calculate sentences, it can help to rank-order crime types and punishments. Several variables would affect the sentence: (1) victim-offender relationship, (2) prevention considerations, (3) social consequences, (4) value or degree of threat. Eight references are provided.