11

Is Criminal Justice Just?Is Criminal Justice Just?

222

Econ 160 Midterm W 2010Econ 160 Midterm W 2010ScoreScore GradeGrade NumberNumber

140-140- AA 55

135-139135-139 A-A- 1111

130-134130-134 B+B+ 99

124-129124-129 BB 3131

117-123117-123 B-B- 2020

109-116109-116 C+C+ 1212

100-108100-108 CC 99

91-9991-99 C-C- 77

80-9080-90 D+D+ 22

-79-79 DD 11

00 FF 33

150 possible150 possible 110/112110/112

33

OutlineOutlineEquity or fairness issues in criminal justiceEquity or fairness issues in criminal justiceEquity and fairness in society: deep Equity and fairness in society: deep

backgroundbackgroundA measure of inequityA measure of inequity

The Lorenz CurveThe Lorenz CurveThe Gini CoefficientThe Gini Coefficient

Private Goods and Public GoodsPrivate Goods and Public Goods

44

Criminal Justice System Equity Issues Criminal Justice System Equity Issues

55

Variation of Victimization with Variation of Victimization with IncomeIncome

Variation of Victimization with Variation of Victimization with IncomeIncome

66

Average Annual Rate of Violent Average Annual Rate of Violent Victimizations Per 1000 Victimizations Per 1000

FemalesFemales

Average Annual Rate of Violent Average Annual Rate of Violent Victimizations Per 1000 Victimizations Per 1000

FemalesFemalesFamily Income Total IntimateLess than $10,000 57 20$10,000 - $14,999 47 13$15,000 - $19,999 42 11$20,000 - $29,999 38 10$30,000 - $49,999 31 5$50,000 or more 25 5

Phillips’ Lecture 4

77

Victimization Rates by Income Victimization Rates by Income ClassClass

Victimization Rates by Income Victimization Rates by Income ClassClass

Source: Report to the Nation on Crime and Justice, Second edition

88

QuestionsQuestions

Why are victimization rates higher for poor Why are victimization rates higher for poor women than for affluent women?women than for affluent women?

Why do victimization rates vary more with Why do victimization rates vary more with income for robbery than for burglary?income for robbery than for burglary?

99

Issues in the Operation of the CJSIssues in the Operation of the CJSFalse Imprisonment: police officers and False Imprisonment: police officers and

district attorneys conspiring to railroad district attorneys conspiring to railroad Are there injustices by race, ethnicity, Are there injustices by race, ethnicity,

social class for victims? social class for victims?

1010

Los Angeles TimesLos Angeles Times

Wednesday, November 10, 1999-p. A1Wednesday, November 10, 1999-p. A1 ““Garcetti Seeks to Overturn 4 Cases Tainted Garcetti Seeks to Overturn 4 Cases Tainted

by LAPD”`by LAPD”`Thursday, November 11, 1999- p. A1Thursday, November 11, 1999- p. A1

““Inmate Freed in LAPD Probe”Inmate Freed in LAPD Probe”LAPD Ramparts stationLAPD Ramparts station

Officers Rafael Perez and Nino DurdenOfficers Rafael Perez and Nino Durden

1111

1212

U.S. News and World Report: 11-U.S. News and World Report: 11-9-989-98

U.S. News and World Report: 11-U.S. News and World Report: 11-9-989-98 ““The Wrong Men on Death Row”The Wrong Men on Death Row”

3517 inmates on death row3517 inmates on death row since 1976, 486 executionssince 1976, 486 executions 75 known cases of persons wrongly 75 known cases of persons wrongly

condemned to diecondemned to dieprobability about 2 per 100probability about 2 per 100

States with mistakesStates with mistakesFlorida: 19Florida: 19 Illinois: 9Illinois: 9Texas: 7Texas: 7Georgia: 6Georgia: 6

1313

Are the risks of mistakes too Are the risks of mistakes too high?high?

Are the risks of mistakes too Are the risks of mistakes too high?high?

Three factors in wrongful Three factors in wrongful convictionsconvictionsperjured testimonyperjured testimonyfaulty eyewitness identificationfaulty eyewitness identificationfalse confessionsfalse confessions

# 1 reason for wrongful convictions# 1 reason for wrongful convictionsincompetent legal representationincompetent legal representation

in 1996 Congress stopped funding legal in 1996 Congress stopped funding legal aid centers in 20 statesaid centers in 20 states

1414

1515

1616

1717

1818

Deep Background: Equity in SocietyDeep Background: Equity in SocietyThe distribution of incomeThe distribution of incomeThe distribution of wealthThe distribution of wealthPovertyPovertyEducation trendsEducation trends

1919

This graphic shows the distribution of gross annual household income. The building's thirty exposed floors are easily divided into quintiles, each income quintile represented by six floors. Each floor represents the tenth of a third (3.33%) of households in the US, and each section of 10 floors represent roughly one third of American society. The floors above the top black line represent those households with incomes of or exceeding $100,000. The floors below the bottom black line, however, represent those households who fell below the poverty threshold. In order to live on the top floor of the American income strata, a household's annual gross income needs to exceed $200,000.

2020

Distribution of Income by QuintileDistribution of Income by Quintile

2005

2121

Distribution of Income, 2005Distribution of Income, 2005

- $ 10K

$10K – $20K

$20K-$30K$90K -$100K

$100K-$150K

$150K-$200K

2222

Median Income By EducationMedian Income By Education

2323

2424

The Rich Get Richer, 2003 $, 67-03The Rich Get Richer, 2003 $, 67-03

2525

Real Median Household Income 67-05Real Median Household Income 67-05

2626

2727

The Glass CeilingThe Glass Ceiling

2828

2929

3030

3131

Why is Income Distributed So Why is Income Distributed So Unevenly?Unevenly?

Why is Income Distributed So Why is Income Distributed So Unevenly?Unevenly?

Labor Income is Unevenly DistributedLabor Income is Unevenly DistributedPart-time workPart-time work

less than 50 weeks per yearless than 50 weeks per year less than 36 hours per weekless than 36 hours per week

3232

Year Overall Median Less than 9th grade High school drop-out

High school graduate Associates degree Bachelor's degree Bachelor's degree or more Master's degree Professional degree Doctorate degree

1991 $40,873 $17,414 $23,096 $37,520 $52,289 $64,150 $68,845 $72,669 $102,667 $92,614

1993 $40,324 $17,450 $22,523 $35,979 $49,622 $64,537 $70,349 $75,645 $109,900 $93,712

1995 $42,235 $18,031 $21,933 $37,609 $50,485 $63,357 $69,584 $77,865 $98,302 $95,899

1997 $43,648 $17,762 $22,688 $38,607 $51,726 $67,487 $72,338 $77,850 $105,409 $99,699

1999 $46,236 $19,008 $23,977 $39,322 $54,282 $70,925 $76,958 $82,097 $110,383 $107,217

2001 $45,300 $18,830 $24,162 $37,468 $53,166 $69,796 $75,116 $81,993 $103,918 $96,442

2003 $45,016 $18,787 $22,718 $36,835 $51,970 $68,728 $73,446 $78,541 $100,000 $96,830

Average $43,376 $18,183 $23,013 $37,620 $51,934 $66,997 $72,376 $78,094 $104,368 $94,487

Year Overall Median Less than 9th grade High school drop-out

High school graduate Associates degree Bachelor's degree Bachelor's degree or more Master's degree Professional degree Doctorate degree

1991 $40,873 $17,414 $23,096 $37,520 $52,289 $64,150 $68,845 $72,669 $102,667 $92,614

1993 $40,324 $17,450 $22,523 $35,979 $49,622 $64,537 $70,349 $75,645 $109,900 $93,712

1995 $42,235 $18,031 $21,933 $37,609 $50,485 $63,357 $69,584 $77,865 $98,302 $95,899

1997 $43,648 $17,762 $22,688 $38,607 $51,726 $67,487 $72,338 $77,850 $105,409 $99,699

1999 $46,236 $19,008 $23,977 $39,322 $54,282 $70,925 $76,958 $82,097 $110,383 $107,217

2001 $45,300 $18,830 $24,162 $37,468 $53,166 $69,796 $75,116 $81,993 $103,918 $96,442

2003 $45,016 $18,787 $22,718 $36,835 $51,970 $68,728 $73,446 $78,541 $100,000 $96,830

Average $43,376 $18,183 $23,013 $37,620 $51,934 $66,997 $72,376 $78,094 $104,368 $94,487

3333

3434

SB News-Press Feb 25, 2007SB News-Press Feb 25, 2007

3535

Out of 16 million, 1.9 million live in CA

3636

15 States with Lowest Median Income15 States with Lowest Median Income

3737

Counties with lowest per capita income,2000

3838

US Offenses Per Capita, Prisoners Per Capita & Fraction of People Below Poverty

0.0001

0.001

0.01

0.1

1

1959

1961

1963

1965

1967

1969

1971

1973

1975

1977

1979

1981

1983

1985

1987

1989

1991

1993

1995

1997

1999

2001

2003

2005

Year

Ra

te

USOFPC

USPRPC

FRbelPOV

Poverty, Crime and Imprisonment: 1959-Poverty, Crime and Imprisonment: 1959-

3939

FBI Index Offenses Per Capita & Annual Change in This Rate: 1952-2006

0

0.01

0.02

0.03

0.04

0.05

0.06

0.07

195219

5319

5419

5519

5619

5719

5819

5919

6019

6119

6219

6319

6419

6519

6619

6719

6819

6919

7019

7119

7219

7319

7419

7519

7619

7719

7819

7919

8019

8119

8219

8319

8419

8519

8619

8719

8819

8919

9019

9119

9219

9319

9419

9519

9619

9719

9819

9920

0020

0120

0220

0320

0420

0520

06

Year

US

OF

PC

-0.015

-0.01

-0.005

0

0.005

0.01

0.015

An

nu

al C

han

ge

USOFPC

DUSOFPC

FBI Index Offense Rate and Annual FBI Index Offense Rate and Annual Change in Offense rateChange in Offense rate

4040

-0.010

-0.005

0.000

0.005

0.010

-0.005

0.000

0.005

0.010

0.015

60 65 70 75 80 85 90 95 00 05

Residual Actual Fitted

Actual Fitted and Residual, DUSOFPC Vs..

4141

-0.005

0.000

0.005

0.010

-0.005

0.000

0.005

0.010

0.015

60 65 70 75 80 85 90 95 00 05

Residual Actual Fitted

Change in Annual FBI Index Offenses Per Capita Vs.

= 10Imprison: $30,000/year $30,000/10 = $3,000incapcitation onlyreduces the offensesthat would be committed by thatInmate. Does it pay?

4242

4343

Unemployment Rates: 1962-2009

0

5

10

15

20

25

30

1950 1960 1970 1980 1990 2000 2010 2020

Year

Ra

te

All Civilians

Males 16-19

The Great RecessionThe Great Recession

4444

Unemployment Rates: 1962-2009

0

5

10

15

20

25

30

1950 1960 1970 1980 1990 2000 2010 2020

Year

Ra

te

All Civilians

Males 16-19

Linear (Males 16-19)

Linear (All Civilians)

Labor Market: Long RunLabor Market: Long Run

4545

Unemployment Rates and Participation Rates

0

10

20

30

40

50

60

70

1950 1960 1970 1980 1990 2000 2010 2020

Year

Ra

te

Males 16-19

Male&Female Participation Rate 16-19

16-19 Year olds16-19 Year olds

4646

16-19 Year Olds16-19 Year Olds

Participation Rates Vs. Unemployment Rates

0

10

20

30

40

50

60

70

0 5 10 15 20 25 30

Unemployment Rate

Pa

rtic

ipa

tio

n R

ate

200920082007

4747

Cost to Victims in US, 1993Cost to Victims in US, 1993Cost to Victims in US, 1993Cost to Victims in US, 1993

Offense Loss Rate ReportedOffenses

Damages,Billions $

Robbery $13,000 659,757 $8.6

AutoTheft

$4,000 1,561,047 $6.2

Burglary $1,500 2,834,808 $4.3

Larceny $370 7,820,909 $2.4

Total $21.5

Source: National Institute of Justice, Victim Costs and Consequences (1996)

4848

State and Local Criminal Justice System Expenditures Per Capita Vs. FBI Index Offenses Per 100,000, 2005

CA

DC

South Dakota

0

1000

2000

3000

4000

5000

6000

7000

$0.00 $200.00 $400.00 $600.00 $800.00 $1,000.00 $1,200.00 $1,400.00

Expenditures Per Capita

FB

I In

dex

Off

ense

s P

er 1

00,0

00

4949

FBI Index Offenses Per 100,000 = -563755/CJS Exp. Per Cap.+80.5*Child Poverty+ 3620

FBI Index Offenses Per 100, 000 =-563755/$531.16 +80.24*16.4% + 36203800 = 3880

5050

A Measure of InequityA Measure of Inequity

Tools:Tools:Lorenz CurveLorenz CurveGini CoefficientGini Coefficient

BenchmarksBenchmarksEverybody has the same incomeEverybody has the same incomeEach income between 0$ and $100,000 is Each income between 0$ and $100,000 is

equally likelyequally likely

5151

Benchmark: Frequency Distribution for Equal .

0

0.01

0.02

0.03

0.04

0.05

0.06

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0.1

0 20000 40000 60000 80000 100000

Income

Fre

qu

en

cy

5252

% Population % Income0 0

20 2040 4060 6080 80100 100

Equal Distribution of Income

Lorenz Curve: Equal Distribution of Income .

0

20

40

60

80

100

120

0 20 40 60 80 100 120

% Population

% In

com

e

5353

Benchmark: Frequency Distribution for Uniform .

0

0.001

0.002

0.003

0.004

0.005

0.006

0.007

0.008

0.009

0.01

0 20000 40000 60000 80000 100000

Income

Fre

qu

en

cy

5454

% Population % Income0 0

20 440 1660 3680 64100 100

Uniform Distribution of Income

Lorenz Curves: Equal and Uniform Distributions .

0

20

40

60

80

100

120

0 20 40 60 80 100 120

% Population

% In

com

e

EqualUniform

5555

% Families % Income0 0

20 4.240 14.260 29.980 53.295 79.9100 100

US Family Income, 1994

Lorenz Curve: United States Families, 1994 .

0

20

40

60

80

100

120

0 20 40 60 80 100 120

% Families

% In

com

e

EqualUniformFamily

Source: US Statistical Abstract

5656

Figure . Lorenz Curve and Gini Index=Pink Area/0.5

Equal:Gini = 0Unequal: Gini =1

5757

US Household Income Gini Index, 1972-2003

0.39

0.4

0.41

0.42

0.43

0.44

0.45

0.46

0.47

1970 1975 1980 1985 1990 1995 2000 2005

Year

Gin

i In

dex

http://www.census.gov/hhes/income/histinc/h04.html

5858

http://www.leftbusinessobserver.com/Gini_supplement.html

Households includes singles and unrelateds

5959

6060

6161

Victimization Rates by Income Victimization Rates by Income ClassClass

Victimization Rates by Income Victimization Rates by Income ClassClass

Income Class Burglary Rate* RobberyRate†

-$7500 86 97,500-9,999 60 7

10,000-14,999 67 515,000-24,999 59 525,000-29,999 54 530,000-49,999 58 4

50,000- 56 3 * Per 1000 Households † Per 1,000 Persons

Source: Report to the Nation on Crime and Justice, Second edition

6262

Lorenz Curves For Robbery and Burglary Victims .

0

20

40

60

80

100

120

0 20 40 60 80 100 120

% Families

% V

ictim

s

BurglaryRobberyEqual

6363

Public Goods and Private Public Goods and Private GoodsGoods

Public Goods and Private Public Goods and Private GoodsGoods

Private GoodsPrivate Goodsconsumption uses them upconsumption uses them up

what you eat is not available to nourish otherswhat you eat is not available to nourish others

Public GoodsPublic Goodsconsumption does not use them upconsumption does not use them up

national defensenational defensesafe streetssafe streetseducated citizenryeducated citizenry

6464

PublicGoods

Private Goods

Optimal Mix

Too Few Public Goods

Slope of the Production PossibilityFrontier:Marginal Cost of Public Goods÷ Marginal Cost of Private Goods

How Much Government Should There Be?What is the right mix of public goods and private goods?

6565

QuestionsQuestionsShould safety be provided publicly or privately?Should safety be provided publicly or privately?How about safe streets?How about safe streets?

6666

QuestionsQuestionsWhat happens when public order breaks What happens when public order breaks

down?down?ColombiaColombia

Colombia: Kidnap capital of the world

                                                                                 

Rebels held Alistair Taylor for two years

6767

Columbia Monthly # KidnappingsColumbia Monthly # Kidnappings

0

100

200

1991 1999

6868

Killing plan

“Fighting the paramilitaries is like a burro going up against a tiger” --Displaced Farmer

Mother of5 led 800Displacedfamilies

LA Times Feb 8, 2007

6969

QuestionsQuestionsWhat happens when public order breaks What happens when public order breaks

down?down?Middle AgesMiddle Ages

Roaming bandsRoaming bandsViking raidersViking raidersPeasants owed fealty and three days of labor a week Peasants owed fealty and three days of labor a week

to the lord in return for protection within the wallsto the lord in return for protection within the walls

7070

Encyclopedia BritannicaEncyclopedia BritannicaThis was a necessity in the midst of the civil disorders, enfeebled governments, and barbarian invasions that wrackedEurope in the 5th and 6th centuries AD. In such conditions, small farmers and landless labourers exchanged their land or their freedom and pledged their services in return for the protection of powerful landowners who had the military strengthto defend them.

7171

QuestionsQuestionsWhat happens when public order breaks What happens when public order breaks

down?down?Other examplesOther examples

MafiaMafia provides protection provides protectionInsight towards Insight towards gangsgangs: sections of cities where the : sections of cities where the

community does not trust the police, gangs fill the community does not trust the police, gangs fill the vacuumvacuum

IraqIraq: weak central government, Shia militias fill the : weak central government, Shia militias fill the vacuum, and protect against rival Sunni marauders, vacuum, and protect against rival Sunni marauders, exhibit “A” – Sadr Cityexhibit “A” – Sadr City

7272

Questions; How About Other Public Questions; How About Other Public Goods? Goods?

College education? Should it be private or College education? Should it be private or public?public?UC or Stanford?UC or Stanford?Cal State?Cal State?

7373

????: Safety? Higher Ed? Health Care?????: Safety? Higher Ed? Health Care?LA Times Feb 15, 2007

7474

PublicGoods

Private Goods

Optimal Mix

Too Few Public Goods

Slope of the Production PossibilityFrontier:Marginal Cost of Public Goods÷ Marginal Cost of Private Goods

How Much Government Should There Be?What is the right mix of public goods and private goods?

Social Welfare Function

7575

QuestionQuestion In a democracy, who determines the mix of In a democracy, who determines the mix of

private and public goods, i.e. social welfare?private and public goods, i.e. social welfare?

7676

Gini 0.33

Gini 0.45

Gini 0.31

Gini 0.26

7777

7878

7979

PublicGoods

Private Goods

Optimal Mix

Too Few Public Goods

Slope of the Production PossibilityFrontier:Marginal Cost of Public Goods÷ Marginal Cost of Private Goods

How Much Government Should There Be?What is the right mix of public goods and private goods?

Social Welfare FunctionCanada

US

8080

Essay Questions – Final ExamEssay Questions – Final Exam The California Criminal Justice System could be The California Criminal Justice System could be

described as a “train wreck”.described as a “train wreck”. Briefly explain why this may be true for enforcement and Briefly explain why this may be true for enforcement and

adjudicationadjudication Expand on why this seems to be the case for CA Expand on why this seems to be the case for CA

corrections. Draw on recent current events for examples.corrections. Draw on recent current events for examples. Describe at least four policy recommendations you could Describe at least four policy recommendations you could

make that would improve the situation.make that would improve the situation.

The United States has one of the highest levels of The United States has one of the highest levels of GDP per capita in the world. Yet we may not have the GDP per capita in the world. Yet we may not have the highest level of social welfare. Explain highest level of social welfare. Explain

8181

RecommendationsRecommendationsJohn Kenneth Galbraith, John Kenneth Galbraith, The Affluent SocietyThe Affluent SocietyAlbert O . Hirschman, Albert O . Hirschman, Exit, Voice and LoyaltyExit, Voice and Loyalty