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The persistence of criminal activity throughout human history and the challenges it imposes for determining optimal law enforcement activity have attracted the attention of utilitarian philosophers and early economists such as Cesare Beccaria (1738–1794), William Paley (1743–1805), and Jeremy Bentham (1748–1832). It was not until the late 1960s, however, especially following the seminal work by Gary Becker (1968), that economists reconnected with the subject, using the modern tools of economic theory and applied econometrics.

The essence of the economic approach lies in the assumption that potential and actual offenders respond to incentives and that the allocation of public and private resources to law enforcement and other means of crime prevention therefore influences the volume of offenses in the population. The “deterrence hypothesis,” as stated by Isaac Ehrlich (1973), stresses the role of both negative incentives, such as the prospect of apprehension, conviction, and punishment, and positive incentives, such as opportunities for gainful employment in legitimate relative to illegitimate occupations, as deterrents to criminal activity. For this approach to provide a useful approximation of the complicated reality of crime, it is not necessary that all those who commit specific crimes respond to incentives, nor is the degree of individual responsiveness prejudged; it is sufficient that a significant number of potential offenders so behave on the margin. Similarly, the theory does not preclude a priori any category of crime or any class of incentives. Indeed, economists have applied the deterrence hypothesis to myriad illegal activities, from tax evasion, drug abuse, and fraud to skyjacking, robbery, and murder.

Theory

In Becker's analysis, the equilibrium volume of crime reflects the interaction between offenders and law enforcement authorities, and the focus is on optimal probability, severity, and type of criminal sanction—the implicit “prices” society imposes on criminal behavior to maximize social welfare. Subsequent work aimed toward a more complete formulation of components of the system, especially the supply of offenses, the production of specific law enforcement activities, and alternative criteria for optimal law enforcement. Later theory expanded the analytical setting to address the interaction between potential offenders (supply), consumers and potential victims (private “demand”), and deterrence and prevention (government intervention). This “market model of crime,” as Ehrlich noted, includes interactions with the general economy as well.

Supply

Economists generally model the extent of participation in crime as an outcome of the allocation of time among competing legitimate and illegitimate activities by potential offenders acting as expected-utility maximizers. While the mix of pecuniary and nonpecuniary benefits varies across different crime categories, which attract offenders of different attitudes toward risk and proclivities (“preferences”) for crime, the basic opportunities affecting choice are the perceived probabilities of apprehension, conviction, and punishment; the marginal penalties imposed; and the differential expected returns on competing legal and illegal activities. Entry into criminal activity, and the extent of involvement in crime, relate inversely to deterrence variables and other opportunity costs associated with crime and directly to the differential return it can provide over legitimate activity. Moreover, a 1 percent increase in the probability of apprehension exerts a larger deterrent effect than corresponding increases in the conditional probabilities of conviction and punishment.

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