From theory to evidence
This theory has been tested in various countries, including Australia.
Most studies find that the probability of detection and punishment does
indeed exert a significant influence on rates of criminal behaviour.
Reviewing the evidence, Don Weatherburn concludes: "There is now
plenty of evidence suggesting that punitive policies do indeed reduce or
help constrain the growth in crime. In many instances they provide the
only viable short-term option for dealing with it."
Two studies have been carried out in Australia. The first, nearly 20
years ago by Glenn Withers, compared the effects of employment, poverty,
education, demographics and even television output with the effect of
clear-up rates and imprisonment rates and concluded: "The major
reliable determinants of crime rates were found to be committal and
imprisonment rates." More recently, Withers' study was repeated by
Phillip Bodman and Cameron Maultby using data for the period 1982 to 1991
with a similar result. Robbery, burglary, car theft and fraud all varied
significantly with both the number of crimes solved or clear-up rate (a
proxy for the probability of getting caught) and the average length of
prison sentences (the severity of punishment), although interestingly, the
study also found a significant effect for unemployment rates too.
Charles Murray's analysis of the potency of penal policy
In 1997, Charles Murray published an essay in the UK entitled Does
Prison Work?. In it, he showed that crimes reported to the police in
England and Wales had been rising over several decades at the same time as
the probability of being apprehended and incarcerated had been falling.
Even though the absolute number of prisoners in Britain had increased as
crime went up, the likelihood of being locked up if you committed a
serious crime had fallen. As Murray put it: "In 1955, crime began to
get safer in England."
Advertisement
Murray contrasted this with what had happened in the United States. Not
only has the US a substantially higher imprisonment rate per head of
population than other Western countries, but it has also since the late
1970s had a rising rate of imprisonment per recorded crime. Murray
believes that the decline in crime rates across the US that began in the
1980s and continued into the 1990s was to a large extent the result of the
willingness of the US to increase its use of imprisonment to match the
escalation in crime-something the UK failed to do.
Comparing US and UK crime and prison trends, Murray drew two basic
lessons:
"Lesson 1: When crime is low and stable, it is a catastrophe to
stop locking people up . . . Lesson 2: Prison can stop a rising crime rate
and then begin to push it down.'"
Reactions to Murray
Not surprisingly, Murray's argument attracted widespread criticism.
Jock Young spoke for many when he charged Murray with overlooking the
inherent complexity of crime as a social phenomenon and ignoring
sociological, psychological and cultural factors implicated in any
analysis of international crime rates.
This is true, but we are still left with the stark statistics on which
Murray based his case. Of course, correlations like these do not
demonstrate causation - correlations have to be explained. Equally,
however, correlations like these cannot simply be ignored.
Referring to American criminologist John DiIulio Murray anticipated many
of the criticisms that were levelled against him:
John DiIulio, weary of hearing the critics of prison repeat that
'Incarceration is not the answer,' got to the heart of the matter: 'If
incarceration is not the answer,' he asks, 'what, precisely, is the
question?'
If the question is: 'How can we restore the fabric of family life and
socialize a new generation of young males to civilized behaviour?' then
prison is not the answer. If the question is, 'How can we make
unemployable youths employable?' prison is not the answer. If the question
is 'How can we rehabilitate habitual criminals so that they become
law-abiding citizens?' prison is only rarely the answer.
But, if the question is 'How can we deter people from committing crimes?'
then prison is an indispensable part of the answer."
Advertisement
Trends in Australia and New Zealand
Does Murray's analysis hold for Australia and New Zealand?
In Australia and New Zealand, as in the US and the UK, the prison
population has grown in absolute numbers over the last 40 years, although
the growth has been nothing like as large as in the US. Imprisonment per
head of population roughly doubled in Australia and New Zealand (and in
England and Wales) in the 40 years after 1960, with most of the increase
coming after the mid-1980s, although the Australian trend has lagged
somewhat behind that of the other two countries.
Where Australia, New Zealand and England and Wales all differ from the
US, however, is in the rate of imprisonment per crime committed. That rate
fell in all three countries until the mid-1980s. Since then it has
remained relatively constant, rising slightly in England and Wales and New
Zealand in the last few years while staying flat in Australia. Thus,
although the number of prisoners increased in all three countries over the
past 40 years, the probability of ending up in prison for a serious
offence declined quite dramatically.
Australian penal policies
During the period examined, the guiding principle in Australia has been
that imprisonment should only be used as a last resort. Throughout the
1970s and into the 1980s Australia actually decreased its imprisonment
rate per head of population despite an escalating crime rate. In a book
published in the 1980s, David Biles pointed to the deliberate attempt to
reduce imprisonment rates "to the lowest levels that are consistent
with public acceptance".
The principle of prison as a last resort remains in evidence in sentencing
today, and there are ongoing attempts to lower imprisonment rates in
Queensland and in Western Australia.
This is an edited version of an article that
appeared in the Centre for Independent Studies Policy
Magazine, Summer 2002-03. The full text can be found here.