I had the opportunity to present a new paper about theft to the faculty and students at two law schools last week. The questions and comments were interesting throughout, but I noticed a pattern in several of the questions from students: were we attributing too much rationality and sophistication to criminals?
Citing Becker (1968) as a useful exercise in applying economic parsimony to understanding how punishment and enforcement deter crime is one thing, but I think it’s simplicity sometimes undercuts a really important intuition that I hold to strongly: crime is boring. More specifically, a lot of crime (not all, of course) is a product of a banal calculus that arrives at the conclusion that my expected life (probabilistically) is better if I take this illegal action. These crimes seem irrational is because of two behavioral errors, not on the part of criminal, but on the part of the observer.
The first mistake is failing to realize you are observing the conclusion ex post, after the outcome has been revealed, and your ability to observe it is almost exclusively because the action failed i.e. they got caught. You know they got arrested for shoplifting an item that won’t significantly change the quality of their life. This feels like a mistake, but what you can’t observe is how many times they or someone else has taken the same action without negative consequences. If 1 in 10,000 thefts worth $500 are caught, then that’s probably an optimal choice for a lot of people.
The second mistake is implicitly assuming the same level of constraints that apply to your life apply to the criminal actor. We all know the question asking whether it is a sin to steal bread to feed a starving family, but that same logic applies in broader and less severe circumstances when considering the ex ante rationality of a choice. The cost-benefit analysis facing a potential thief is far different if they already carry the stigma of a criminal record. If their labor market opportunities are limited. If rent they have insufficient funds to cover is due is three days.
I find it interesting that people who disavow the salience of IQ and the people that place IQ at the center of their core model of humanity both seem to consistently underappreciate the sophistication of most human problem solvers. I’m not saying we all get the math right. Quite to the contrary, not only do we make constant errors in judgement, but the duress of operating under difficult constraints likely makes optimal decision-making all the more difficult. But those errors are relatively modest relative to the humans who are, at a baseline, tremendously sophisticated. They want and need resources and they can conceive of myriad manners in which to acquire them. Applying a lesser sophistication to people who steal from a CVS and sell to a middle-man who turns it over at a street corner or on Amazon puts any policy design at a disadvantage from the start.
If you want to divert people out of illegal markets and into legal labor, you’re better served treating them as people who made the optimal decision. Your ambition should not be to change their decision-making, but to change what the optimal decision is.
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