NCJ Number
65739
Date Published
1979
Length
10 pages
Annotation
ECONOMIC ANALYSIS OF CRIMINAL JUSTICE PROBLEMS HAS LIMITED USE, BECAUSE IT IGNORES MANY QUESTIONS AND SACRIFICES FACTS TO THEORY.
Abstract
ALTHOUGH ECONOMISTS OFFER MANY VALUABLE INSIGHTS INTO CRIMINAL JUSTICE ISSUES, ECONOMIC ANALYSIS POSES DANGERS FOR THE CRIMINAL JUSTICE SYSTEM AND FOR RESPECT FOR THE LAW IF RELIED UPON TOO HEAVILY. SUCH ANALYSIS IS HEAVILY BIASED TOWARD THE STATUS QUO. ECONOMISTS' ACCOUNT OF A JUST DISTRIBUTION OF WEALTH BASED ON THE STRENGTH OF THE PREFERENCES OF INDIVIDUALS DENIES EQUALITY AND DOES NOT ALLOW FOR PERSONS' EXAGGERATING THEIR PREFERENCES TO GET MORE GOODS. DEFINING CRIME SERIOUSNESS AS THE AMOUNT OF HARM DONE IS ALSO HEAVILY BIASED TOWARD THE EXISTING DISTRIBUTION OF RIGHTS AND PROPERTY. HOWEVER, ECONOMISTS DO NOT THINK THESE RIGHTS SHOULD BE A MATTER OF PUBLIC CHOICE, BUT CLAIM POLITICAL DECISIONS SHOULD BE MADE 'OBJECTIVELY', ACCORDING TO THE PARETO TEST (THAT ANY CHANGE OF POLICY SHOULD BENEFIT AT LEAST ONE PERSON AND HARM NO ONE). BUT THE PARETO TEST CAN BE MISUSED; DOES NOT PERMIT A HOST OF DECISIONS THAT MAY HARM SOME BUT BENEFIT OTHERS; AND MAY NOT EVEN BE FEASIBLE, BECAUSE, HARM AND BENEFIT MAY BE DEFINED IN DIFFERENT WAYS. THE PARETO TEST MAY BE USEFUL IF APPLIED TO WHAT PEOPLE OUGHT TO DO, BUT ECONOMIC ANALYSTS DO NOT PERMIT VALUE JUDGMENTS (ALTHOUGH THEY SOMETIMES MAKE THEM THEMSELVES). FINALLY, ECONOMISTS DEVELOP RIGOROUS THEORIES AND MODELS FOR CRIMINAL JUSTICE ONLY BY BEING NARROW AND IGNORING MANY ISSUES; THEIR STAND ON PLEA BARGAINING IS PRESENTED AS AN EXAMPLE. ALTHOUGH ECONOMISTS CLAIM PLEA BARGAINING SERVES INTERESTS OF BOTH PROSECUTION AND DEFENDANT, THEY IGNORE THE QUESTION OF GUILT OR INNOCENCE AND CANNOT EXPLAIN THE CYNICAL ATTITUDE TOWARD LAW MANY CRIMINALS DEVELOP THROUGH PLEA BARGAINING. (PAP)