This book explores the insights that can be gained by looking at the criminal
justice system from an economic point of view. Such a perspective, of course,
is not new; economists have been thinking about crime and punishment at
least since the work of Montesquieu (1748), Beccaria (1764), and Bentham
(1780). However, the subject was strangely neglected by economists for
200 years, until finally being revived by Gary Becker in his classic article on
the economics of crime and punishment (Becker 1968). Now, as we embark
on the second half-century since the publication of that path-breaking work,
it would seem to be an opportune moment to assess its influence on both
the scholarly literature and the practice of law enforcement.
There is no dispute that Becker’s model has had a profound effect on
the way economists think about criminal law. Indeed, it has begotten a
massive literature that has culminated in a highly polished theory of the
optimal structure of law enforcement. Perhaps because Becker’s objective
was avowedly normative, however, the resulting insights have been somewhat
less successful in describing the actual practice of criminal justice.