However, the political environment surrounding 'law and order',
including penal policy, has changed since the 1980s. In New South Wales,
for example, the former Prison Minister, Michael Yabsley, adopted a tough
position through the Sentencing Act of 1989 and the NSW Labor Party
responded with its own law and order campaign in 1995. Both major parties
have been promising tougher penalties for crime in the lead-up to the
March 2003 State election, and this pattern is being repeated in other
states. The result is that the number of prisoners has increased from 6.1
per 10,000 persons in 1985 to 10.93 per 10,000 persons in 2001.
Imprisonment rates per head of population and per crime committed
While Australia's imprisonment rate per head of population has been
growing, the size of the prison population has lagged far behind the
growth in the rate of reported crime. In the mid-1960s, Australia locked
up approximately 120 people for every 1,000 serious crimes that were
committed, but by the 1980s, this figure had fallen to fewer than 30, and
it has stayed around this level ever since. Between 1964 and 1986, when
the number of serious crimes per head of population increased from 596 to
2,553 per 100,000, the number of prisoners per 100,000 population actually
decreased, from 72 to 69.
This is in marked contrast to the pattern in the US where, from the
1980s onwards, both the imprisonment rate per head of population and the
imprisonment rate per crime committed increased substantially. This shift
in penal policy matches a dramatic change in the crime rate. Thus, we see
the crime rate climbing until the 1980s, then flattening following the
stabilisation of the imprisonment rate, then falling through the 1990s
following the increased rate of imprisonment from the 1980s onwards.
Advertisement
In New Zealand and for England and Wales, the crime rate increased
inexorably well into the 1990s, and then began to fall. Imprisonment per
crime fell consistently in both countries until the late 1980s/early
1990s, since when it has been rising.
Alternative explanations
The association between crime and the probability of imprisonment seems
to vary fairly consistently across the four different countries we have
looked at. This seems to lend considerable credence to Murray's belief
that the reduced probability of going to prison went hand-in-hand in all
cases with an increase in criminal activity, and that tougher penal
policies (particularly in the US, and latterly in New Zealand and England
and Wales) were associated with a reversal of this trend.
However, while the statistics we have examined look consistent with
Murray's hypothesis that 'prison works', they do not prove him right. Is
it possible that some factor or set of factors other than the declining
use of imprisonment might have been responsible for the shifts in crime
rates in the countries we have been considering?
The economic theory of crime discussed earlier emphasises both the
severity of punishment and the risk of getting caught. Indeed, Gary Becker
believes that the latter may weigh more heavily in most people's
calculations than the former. We have seen what happened to imprisonment
rates over the last 40 years, but what happened to clear-up and conviction
rates?
In his research on Britain, Murray reported that not only the use of
imprisonment but also the success of the police in solving crimes, and of
prosecutors in securing guilty verdicts, declined relative to the number
of crimes being committed from the 1960s onwards. This means that not just
imprisonment rates, but clear-up rates and conviction rates were all
falling at the same time as the crime rate was rising.
It seems a similar pattern occurred in Australia. Success in clearing
up crimes also lagged badly behind the number of crimes being committed
during this period. The absolute number of crimes cleared up by the police
doubled (from 183 to 364 per 100,000 population), but relative to the
number of crimes taking place, it halved. This in turn reflects trends in
the number of police officers since the 1960s, for while absolute numbers
of police relative to the population increased, the number of police
relative to the number of crimes has fallen dramatically - from 194
officers per 1,000 serious crimes in 1963 to 54 officers per 1,000 serious
crimes in 2000.
Putting all this together, the probability of going to jail if you
committed a serious offence in Australia fell from roughly 1 in 8 in 1964
to 1 in 37 in 1986. This was partly due to a growing disinclination to
lock up convicted offenders, and partly to the decreasing ability of the
police to clear up crimes. The risk of getting caught more than halved in
Australia between 1964 and 1986, and once apprehended, the risk of going
to jail then halved again. It is likely that both trends played a part in
enabling the growth in crime. This being the case, it is not only prison
that 'works', but detection and conviction too.
Conclusion
The evidence reviewed here is consistent with Charles Murray's view
that a weakening in the willingness to use prison as a punishment has been
strongly associated with an explosion of crime rates. All the countries we
have reviewed saw their crime rates rise dramatically as they eased off on
imprisonment. Those countries (notably the US) that subsequently increased
their use of imprisonment have seen their postwar rise in crime rates
stopped, and then reversed. In Australia, where use of prison has not been
increased to the same extent, the crime rate has not been curbed with the
same success. While not proving Murray's thesis, these patterns are
certainly consistent with it. Whether by taking offenders out of
circulation, or by deterring people from committing crimes in the first
place, the evidence does seem to support the view that prison works.
Advertisement
But this is not the whole story. The economic theory of crime suggests
that the risk of getting caught is likely to be as, or more, important in
deterring crime as the anticipated severity of the punishment. In
Australia, it does seem that the spiralling crime rates of the 1970s and
1980s had as much to do with declining detection and conviction as with
declining use of imprisonment. This suggests that penal policy is an
important element in the fight against crime, but it is only part of the
solution. As economists have been telling us for more than 30 years now,
increasing the probability of getting caught appears no less important
than increasing the severity of the punishment that follows.
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.