Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision...

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Economics 160 , Lecture 8, , Lecture 8, Notes Notes , p. 123 Syllabus XVI , p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?
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Transcript of Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision...

Page 1: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Economics 160Economics 160

Votey, Lecture 8, Votey, Lecture 8, NotesNotes, p. 123 Syllabus XVI, p. 123 Syllabus XVI

Lecture 16

Professor Votey

Decision Theory: Jury Trials, Fair to Whom ?

Page 2: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Historical Effectiveness of Federal Drug Control PoliciesThe Historical Effectiveness of Federal Drug Control Policies

Page 3: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

What can we conclude about our degreeWhat can we conclude about our degree of success in the War on Drugs?of success in the War on Drugs?

Drug quality improving - price falling substantially - in the Drug quality improving - price falling substantially - in the face of increased seizures. Clearly objectives of the face of increased seizures. Clearly objectives of the strategy are not being achieved - despite massive annual strategy are not being achieved - despite massive annual increases in funding.increases in funding.

Data presented earlier the record of expenditures at the Data presented earlier the record of expenditures at the Federal level: $18.8 billions in 2000, not including the share Federal level: $18.8 billions in 2000, not including the share of costs for operating federal prisons. State and local of costs for operating federal prisons. State and local expenditures are reputed to be several times that amount.expenditures are reputed to be several times that amount.

What does this say about controllability and the logic ofWhat does this say about controllability and the logic of making continued expenditures of this magnitude?making continued expenditures of this magnitude?

Page 4: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

We should be able to learn from history! We should be able to learn from history!

Prohibition was a failure, but repeal and more limited lawsProhibition was a failure, but repeal and more limited lawsto regulate alcohol have provided improvement.to regulate alcohol have provided improvement. Taxes provide revenue for education, Taxes provide revenue for education, for treatment and for the costs of regulationfor treatment and for the costs of regulation

We are managing to regulate the use of tobacco, We are managing to regulate the use of tobacco, imposing many of the costs on producersimposing many of the costs on producers

The use of alcohol and tobacco is restricted by law - toThe use of alcohol and tobacco is restricted by law - to adults. Control isn’t perfect, but use is in the open and adults. Control isn’t perfect, but use is in the open and hence is more controllable hence is more controllable

Alcohol and tobacco differ in their effects. The laws Alcohol and tobacco differ in their effects. The laws regulating their use differ accordingly.regulating their use differ accordingly.

Page 5: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

An IllustrationAn Illustration

Page 6: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

More on the role of Decision Theorythe Economic Paradigm (in part review)

More on the role of Decision Theorythe Economic Paradigm (in part review)

• Who uses it and why?Who uses it and why?• 1. Criminal participants -1. Criminal participants - following basic Bentham / following basic Bentham /

Utilitarian theoryUtilitarian theory• 2. Society in response2. Society in response - - with efforts at crime control with efforts at crime control• 2 sets of actors on opposing sides of the problem2 sets of actors on opposing sides of the problem• Why do rational people commit crime?Why do rational people commit crime?• 1.1. Because it paysBecause it pays - - though the individual may be though the individual may be

making the best of a poor set of optionsmaking the best of a poor set of options• 2. Most criminals are making a choice2. Most criminals are making a choice

- the legitimate alternative appears worse

Page 7: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Behavior of the individual

Legitimate Job

Crime

CHOICE

Success: Job: $X

Failure:

Success: Take from crime $Y

Unempl: $0

Jail: D days @ $Z loss

On what basis does the individual make a choice?

The Key:

Expected Net Benefits = E(NB) = P(B) . $B - P(C) . $Cneeds to be calculated for each option, i.e.,

E(NB) = [(1 - P(U)).$X + P(U).0] vs. [(1 - P(A)).$Y + P(A).(-$Z)]Simply pick the “Best”

Page 8: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Behavior of the individual

Legitimate Job

Crime

CHOICE

Success: Job: $X

Failure:

Success: Take from crime $Y

Unempl: $0

Jail: D days @ $Z loss

On what basis does the individual make a choice?

The Key:

Expected Net Benefits = E(NB) = P(B) . $B - P(C) . $C

needs to be calculated for each option, i.e.,

E(NB) = [(1 - P(U)).$X + P(U).0] vs. [(1 - P(A)).$Y + P(A).(-$Z)]

ButBut

Page 9: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Legitimate Job

Crime

CHOICE Failure:

Success: Take from crime $Y

Unempl: $0

Jail: D days @ $Z loss

On what basis does the individual make a choice?

The Key:

E(NB) = [(1 -1).$X + P(U).0] vs. [(1 - P(A)).$Y + P(A).(-$Z)]

BUT if P(U) = 1

Page 10: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Crime

CHOICE Failure:

Success: Take from crime $Y

Jail: D days @ $Z loss

On what basis does the individual make a choice?

The Key:

E(NB) = [(1 - P(A)).$Y + P(A).(-$Z)]

the only choice is CRIME

Page 11: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Do individuals really behave like this?Do individuals really behave like this?

• ArticlesArticles• by Krohm,”The Pecuniary Incentives of Property Crime”,by Krohm,”The Pecuniary Incentives of Property Crime”,• and Gunning,”How Profitable is Burglary?”, and Gunning,”How Profitable is Burglary?”, • Syllabus XV, tend to support this sort of analysisSyllabus XV, tend to support this sort of analysis

• We should add at least one more choice for We should add at least one more choice for persons on the threshold of selecting a career:persons on the threshold of selecting a career:

Page 12: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Do individuals really behave like this?Do individuals really behave like this?

ArticlesArticles by Krohm,”The Pecuniary Incentives of Property Crime”,by Krohm,”The Pecuniary Incentives of Property Crime”, and Gunning,”How Profitable is Burglary?”, Syllabus XV, and Gunning,”How Profitable is Burglary?”, Syllabus XV, tend to support this sort of analysis tend to support this sort of analysis

We should add at least one more choice for persons on the We should add at least one more choice for persons on the threshold of selecting a career:threshold of selecting a career:

Education (Investment in Human Capital)Education (Investment in Human Capital)

Page 13: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Do individuals really behave like this?Do individuals really behave like this?

ArticlesArticles by Krohm,”The Pecuniary Incentives of Property Crime”,by Krohm,”The Pecuniary Incentives of Property Crime”, and Gunning,”How Profitable is Burglary?”, Syllabus and Gunning,”How Profitable is Burglary?”, Syllabus XV, tend to support this sort of analysisXV, tend to support this sort of analysis

We should add at least one more choice for persons on the We should add at least one more choice for persons on the threshold of selecting a career:threshold of selecting a career:

Education (Investment in Human Capital)Education (Investment in Human Capital)

-but opting for education requires wealth-but opting for education requires wealth

Page 14: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Do individuals really behave like this?Do individuals really behave like this?

ArticlesArticles by Krohm,”The Pecuniary Incentives of Property Crime”,by Krohm,”The Pecuniary Incentives of Property Crime”, and Gunning,”How Profitable is Burglary?”, Syllabus XV, and Gunning,”How Profitable is Burglary?”, Syllabus XV, tend to support this sort of analysistend to support this sort of analysis

We should add at least one more choice for persons on the We should add at least one more choice for persons on the threshold of selecting a career:threshold of selecting a career:

Education (Investment in Human Capital)Education (Investment in Human Capital)

-but opting for education requires wealth -but opting for education requires wealth or an alternative or an alternative income sourceincome source

Page 15: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Do individuals really behave like this?Do individuals really behave like this?

ArticlesArticles by Krohm,”The Pecuniary Incentives of Property Crime”,by Krohm,”The Pecuniary Incentives of Property Crime”, and Gunning,”How Profitable is Burglary?”, Syllabus XV, and Gunning,”How Profitable is Burglary?”, Syllabus XV, tend to support this sort of analysistend to support this sort of analysis

We should add at least one more choice for persons on the We should add at least one more choice for persons on the threshold of selecting a career:threshold of selecting a career:

Education (Investment in Human Capital)Education (Investment in Human Capital)

-but opting for education requires wealth or an alternative -but opting for education requires wealth or an alternative

income source income source (or a subsidy)(or a subsidy)

Page 16: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations

Page 17: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations

1. Affecting the probabilities1. Affecting the probabilities

Page 18: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

Page 19: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions

Page 20: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and A. Factors relating to Deterrence and

IncapacitationIncapacitation

Page 21: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider the Circular Flow Process: (again)Consider the Circular Flow Process: (again)

VictimCosts

Causal Causal ForcesForces

A

Page 22: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation

Resources spent to raiseResources spent to raise

Page 23: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A)a. P(A)

Page 24: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), a. P(A), P(C|A)P(C|A)

Page 25: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits But there are really two classes of solutionsBut there are really two classes of solutions

A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), P(C|A), a. P(A), P(C|A), P(Punishment|C)P(Punishment|C)

Page 26: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime

- mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), P(C|A), P(Punishment|C)a. P(A), P(C|A), P(Punishment|C)

b. Sentences:b. Sentences:

Page 27: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime - mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime - mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits But there are really two classes of solutionsBut there are really two classes of solutions

A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), P(C|A), P(Punishment|C)a. P(A), P(C|A), P(Punishment|C)

b. Sentences:b. Sentences: Prison/Jail (length)Prison/Jail (length)

Page 28: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime - mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime - mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits But there are really two classes of solutionsBut there are really two classes of solutions

A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), P(C|A), P(Punishment|C)a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length) b. Sentences: Prison/Jail (length)

Fines ($)Fines ($)

Page 29: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

As Bentham, and others since, have pointed out, choices for society, to prevent crime - mirror the choices of the potential criminal

As Bentham, and others since, have pointed out, choices for society, to prevent crime - mirror the choices of the potential criminal

Two basic choices in terms of value of expectationsTwo basic choices in terms of value of expectations1. Affecting the probabilities1. Affecting the probabilities

2. Manipulating the values of costs and benefits2. Manipulating the values of costs and benefits

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), P(C|A), P(Punishment|C)a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length) b. Sentences: Prison/Jail (length)

Fines ($) Fines ($)

Probation (length)Probation (length)

Page 30: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutionsBut there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation A. Factors relating to Deterrence and Incapacitation Resources spent to raise Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length) b. Sentences: Prison/Jail (length)

Fines ($) Fines ($) Probation (length)Probation (length)

Page 31: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities

Page 32: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

Page 33: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

a. Affect availability of jobs

Page 34: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

a. Affect availability of jobs

i. Invest in jobs on aggregate level

Page 35: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

a. Affect availability of jobs

i. Invest in jobs on aggregate level

ii. Invest in individuals (training/ education) to make them more employable

Page 36: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

a. Affect availability of jobs

i. Invest in jobs on aggregate level ii. Invest in individuals (training/education)

to make them more employable

b. Affect quality of jobs

Page 37: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

a. Affect availability of jobs

i. invest in jobs on aggregate level ii. invest in individuals (training/education)

to make them more employable b. Affect quality of jobs

i. Aggregate - health care, unemployment ins.

Page 38: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

But there are really two classes of solutions A. Factors relating to Deterrence and Incapacitation Resources spent to raise

a. P(A), P(C|A), P(Punishment|C) b. Sentences: Prison/Jail (length)

Fines ($) Probation (length)

B. Factors relating to future opportunities Resources spent to

a. Affect availability of jobs

i. invest in jobs on aggregate level ii. invest in individuals (training/education)

to make them more employable b. Affect quality of jobs

i. Aggregate - health care, unemployment ins.

ii. Individual - quality of education

Page 39: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider the Circular Flow Process: (again)Consider the Circular Flow Process: (again)

VictimCosts

Causal Causal ForcesForces

B

Page 40: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reason

Page 41: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reasonThe data show that for California and The data show that for California and

most states - inmates in prisons are most states - inmates in prisons are convicts with sentences for 1 year or convicts with sentences for 1 year or greatergreater

Page 42: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reason The data show that for California and most states - The data show that for California and most states -

inmates in prisons are convicts with sentences for 1 inmates in prisons are convicts with sentences for 1 year or greateryear or greater

These individuals have been found guilty These individuals have been found guilty of serious crimes of serious crimes (except for those in for drug (except for those in for drug possession)possession)

Page 43: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reason The data show that for California and most states - The data show that for California and most states -

inmates in prisons are convicts with sentences for 1 inmates in prisons are convicts with sentences for 1 year or greateryear or greater

These individuals have been found guilty of serious These individuals have been found guilty of serious crimescrimes

Roughly 70% recidivate within 36 Roughly 70% recidivate within 36 months of releasemonths of release

Page 44: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reason The data show that for California and most states - The data show that for California and most states -

inmates in prisons are convicts with sentences for 1 inmates in prisons are convicts with sentences for 1 year or greateryear or greater

These individuals have been found guilty of serious These individuals have been found guilty of serious crimescrimes

Roughly 70% recidivate within 36 months of releaseRoughly 70% recidivate within 36 months of release

Most ultimately return to prisonMost ultimately return to prison

Page 45: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reason The data show that for California and most states - The data show that for California and most states -

inmates in prisons are convicts with sentences for 1 inmates in prisons are convicts with sentences for 1 year or greateryear or greater

These individuals have been found guilty of serious These individuals have been found guilty of serious crimescrimes

Roughly 70% recidivate within 36 months of releaseRoughly 70% recidivate within 36 months of release

Most ultimately return to prison - Most ultimately return to prison - approaching approaching 90% over 5 years90% over 5 years

Page 46: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

When we consider our circular flow model, there is one aspect of it that tends to be ignoredWhen we consider our circular flow model, there is one aspect of it that tends to be ignored

Rehabilitation, for apparently good reasonRehabilitation, for apparently good reason The data show that for California and most states - inmates The data show that for California and most states - inmates

in prisons are convicts with sentences for 1 year or greaterin prisons are convicts with sentences for 1 year or greater These individuals have been found guilty of serious crimesThese individuals have been found guilty of serious crimes Roughly 70% recidivate within 36 months of releaseRoughly 70% recidivate within 36 months of release Most ultimately return to prison - approaching 90% over 5 Most ultimately return to prison - approaching 90% over 5

yearsyears

So why be concerned about spending on So why be concerned about spending on rehabilitation projects?rehabilitation projects?

Page 47: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in whichThere are cases in which rehabilitation rehabilitation works very well works very well

Page 48: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwellPeter Jennings , ABC News 5:30 pm, Peter Jennings , ABC News 5:30 pm,

Tue., February 19, 1997Tue., February 19, 1997

Page 49: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19

San Francisco rehabilitation program run San Francisco rehabilitation program run by a privateby a private,,

Page 50: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, San Francisco rehabilitation program run by a private,

non-profit foundationnon-profit foundation

Page 51: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, San Francisco rehabilitation program run by a private,

non-profit foundation, non-profit foundation, at no cost to cityat no cost to city

Page 52: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, San Francisco rehabilitation program run by a private,

non-profit foundation, at no cost to city, non-profit foundation, at no cost to city, operating operating for more than 20 years.for more than 20 years.

Page 53: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, San Francisco rehabilitation program run by a private,

non-profit foundation, at no cost to city, operating for non-profit foundation, at no cost to city, operating for more than 20 years.more than 20 years.

More than 23,000 parolees sent to centerMore than 23,000 parolees sent to center

Page 54: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, San Francisco rehabilitation program run by a private,

non-profit foundation, at no cost to city, operating for non-profit foundation, at no cost to city, operating for more than 20 years.more than 20 years.

More than 23,000 parolees sent to centerMore than 23,000 parolees sent to center

mandatory training in 3 job skills, work mandatory training in 3 job skills, work for wagesfor wages

Page 55: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, non-San Francisco rehabilitation program run by a private, non-

profit foundation, at no cost to city, operating for more than profit foundation, at no cost to city, operating for more than 20 years.20 years.

More than 23,000 parolees sent to centerMore than 23,000 parolees sent to center mandatory training in 3 job skills, work for wagesmandatory training in 3 job skills, work for wages

All training by former parolees, graduates of All training by former parolees, graduates of programprogram

Page 56: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, non-San Francisco rehabilitation program run by a private, non-

profit foundation, at no cost to city, operating for more profit foundation, at no cost to city, operating for more than 20 years.than 20 years.

More than 23,000 parolees sent to centerMore than 23,000 parolees sent to center mandatory training in 3 job skills, work for wagesmandatory training in 3 job skills, work for wages All training by former parolees, graduates of programAll training by former parolees, graduates of program

profits pay costs of operationprofits pay costs of operation

Page 57: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasonsSo why be concerned about spending on rehabilitation projects? 2 reasons

There are cases in which rehabilitation works very There are cases in which rehabilitation works very wellwell Peter Jennings , ABC News 5:30 pm, Tue., February 19Peter Jennings , ABC News 5:30 pm, Tue., February 19 San Francisco rehabilitation program run by a private, non-San Francisco rehabilitation program run by a private, non-

profit foundation, at no cost to city, operating for more than profit foundation, at no cost to city, operating for more than 20 years.20 years.

More than 23,000 parolees sent to centerMore than 23,000 parolees sent to center mandatory training in 3 job skills, work for wagesmandatory training in 3 job skills, work for wages All training by former parolees, graduates of programAll training by former parolees, graduates of program profits pay costs of operationprofits pay costs of operation

Recidivism rates were a small fraction of Recidivism rates were a small fraction of the 61% for other parolees of city’s jails the 61% for other parolees of city’s jails

Page 58: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield Even rehabilitation programs that yield higher recidivism rates may have a payoff higher recidivism rates may have a payoff

Page 59: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higher Even rehabilitation programs that yield higher recidivism rates may have a payoffrecidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

Page 60: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higher Even rehabilitation programs that yield higher recidivism rates may have a payoffrecidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment can determine if a particular investment leads to longer life leads to longer life

Page 61: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higherEven rehabilitation programs that yield higher recidivism rates may have a payoff recidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment leads to longer lifecan determine if a particular investment leads to longer life

then B then B // C analysis can reveal the degree of payoff C analysis can reveal the degree of payoff

Page 62: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higherEven rehabilitation programs that yield higher recidivism rates may have a payoff recidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment leads to longer lifecan determine if a particular investment leads to longer life then B / C analysis can reveal the degree of payoffthen B / C analysis can reveal the degree of payoff

initially used in engineering to consider initially used in engineering to consider product quality, e.g., light bulb life product quality, e.g., light bulb life

Page 63: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higherEven rehabilitation programs that yield higher recidivism rates may have a payoff recidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment leads to longer lifecan determine if a particular investment leads to longer life then B / C analysis can reveal the degree of payoffthen B / C analysis can reveal the degree of payoff initially used in engineering to consider product quality, e.g., initially used in engineering to consider product quality, e.g.,

light bulb life light bulb life

The case of burglarsThe case of burglars

Page 64: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higherEven rehabilitation programs that yield higher recidivism rates may have a payoff recidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment leads to longer lifecan determine if a particular investment leads to longer life then B / C analysis can reveal the degree of payoffthen B / C analysis can reveal the degree of payoff initially used in engineering to consider product quality, e.g., initially used in engineering to consider product quality, e.g.,

light bulb life light bulb life

The case of burglarsThe case of burglars

Most are professional, career criminalsMost are professional, career criminals

Page 65: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higherEven rehabilitation programs that yield higher recidivism rates may have a payoff recidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment leads to longer lifecan determine if a particular investment leads to longer life then B / C analysis can reveal the degree of payoffthen B / C analysis can reveal the degree of payoff initially used in engineering to consider product quality, e.g., initially used in engineering to consider product quality, e.g.,

light bulb lifelight bulb life

The case of burglarsThe case of burglars Most are professional, career criminalsMost are professional, career criminals

In prison, don’t commit burglariesIn prison, don’t commit burglaries

Page 66: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)So why be concerned about spending on rehabilitation projects? 2 reasons (-cont.)

Even rehabilitation programs that yield higherEven rehabilitation programs that yield higher recidivism rates may have a payoff recidivism rates may have a payoff Revealed by Failure Time ModelsRevealed by Failure Time Models

can determine if a particular investment leads to longer lifecan determine if a particular investment leads to longer life then B / C analysis can reveal the degree of payoffthen B / C analysis can reveal the degree of payoff initially used in engineering to consider product quality, e.g., light bulb lifeinitially used in engineering to consider product quality, e.g., light bulb life

The case of burglarsThe case of burglars Most are professional, career criminalsMost are professional, career criminals In prison, don’t commit burglariesIn prison, don’t commit burglaries

On release, even if attempt to go straight, most On release, even if attempt to go straight, most often find that best economic opportunities are often find that best economic opportunities are in burglary in burglary

Page 67: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars?

Page 68: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No.

Page 69: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No.

Failure time models show that there may be another Failure time models show that there may be another answeranswer

Page 70: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of Phillips & Votey study for National Institute of JusticeJustice

Page 71: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of JusticePhillips & Votey study for National Institute of Justice Ex-cons released, Boston, Chicago, San DiegoEx-cons released, Boston, Chicago, San Diego

Page 72: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of JusticePhillips & Votey study for National Institute of Justice Ex-cons released, Boston, Chicago, San DiegoEx-cons released, Boston, Chicago, San Diego

Program provided education, help in getting a job, Program provided education, help in getting a job, help in keeping a jobhelp in keeping a job

Page 73: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of JusticePhillips & Votey study for National Institute of Justice Ex-cons released, Boston, Chicago, San DiegoEx-cons released, Boston, Chicago, San Diego Program provided education, help in getting a job, help in Program provided education, help in getting a job, help in

keeping a jobkeeping a job

Original study found: Ultimate recidivism failures Original study found: Ultimate recidivism failures not much different from other releaseesnot much different from other releasees

Page 74: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of JusticePhillips & Votey study for National Institute of Justice Ex-cons released, Boston, Chicago, San DiegoEx-cons released, Boston, Chicago, San Diego Program provided education, help in getting a job, help in Program provided education, help in getting a job, help in

keeping a jobkeeping a job Original study found: Ultimate recidivism failures not much Original study found: Ultimate recidivism failures not much

different from other releaseesdifferent from other releasees

Phillips & Votey findingsPhillips & Votey findings

Page 75: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of JusticePhillips & Votey study for National Institute of Justice Ex-cons released, Boston, Chicago, San DiegoEx-cons released, Boston, Chicago, San Diego Program provided education, help in getting a job, help in keeping a Program provided education, help in getting a job, help in keeping a

jobjob Original study found: Ultimate recidivism failures not much Original study found: Ultimate recidivism failures not much

different from other releaseesdifferent from other releasees

Phillips & Votey findingsPhillips & Votey findings Those with help in obtaining a job had significantly Those with help in obtaining a job had significantly

longer timeslonger times to failure to failure

Page 76: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Does it pay to attempt to rehabilitate burglars?Does it pay to attempt to rehabilitate burglars? Most recidivism studies would argue, No.Most recidivism studies would argue, No. Failure time models show that there may be another answerFailure time models show that there may be another answer

Phillips & Votey study for National Institute of JusticePhillips & Votey study for National Institute of Justice Ex-cons released, Boston, Chicago, San DiegoEx-cons released, Boston, Chicago, San Diego Program provided education, help in getting a job, help in keeping a Program provided education, help in getting a job, help in keeping a

jobjob Original study found: Ultimate recidivism failures not much different Original study found: Ultimate recidivism failures not much different

from other releaseesfrom other releasees

Phillips & Votey findingsPhillips & Votey findings Those with help in obtaining a job had significantly longer times to Those with help in obtaining a job had significantly longer times to

failurefailure

Need to examine B Need to examine B // C of program C of program

Page 77: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Conducting a B / C Analysis of a Rehabilitation Program

Conducting a B / C Analysis of a Rehabilitation Program

What is the cost of the program ?What is the cost of the program ?

Page 78: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Conducting a B / C Analysis of a Rehabilitation Program

Conducting a B / C Analysis of a Rehabilitation Program

That - provides education That - provides education - help in getting a job - help in getting a job - help in keeping a job ? - help in keeping a job ?

All easily calculated accounting costsAll easily calculated accounting costs What are the benefits ?What are the benefits ? The reduction in offenses (OF) for the The reduction in offenses (OF) for the

period that the individual is crime free period that the individual is crime free

Page 79: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Conducting a B / C Analysis -Conducting a B / C Analysis -

Data required:Data required: the individual’s the individual’s (offense rate/year)(offense rate/year) thethe r r (loss rate or damages per offense)(loss rate or damages per offense)

for offenses not committed,i.e., for offenses not committed,i.e., .. r r

Then simply calculate E(NB) = E(B) - E(C)Then simply calculate E(NB) = E(B) - E(C)

All three programs, showed was a substantial payoff.

Even though most candidates ultimately recidivated

Page 80: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent The Nation has, in the past, spent considerable funds to attempt to create jobsconsiderable funds to attempt to create jobs

Page 81: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent considerable The Nation has, in the past, spent considerable funds to attempt to create jobsfunds to attempt to create jobs Benefits from job creation programs for people Benefits from job creation programs for people

who seem unemployable seem to be elusivewho seem unemployable seem to be elusive

Page 82: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent considerable The Nation has, in the past, spent considerable funds to attempt to create jobsfunds to attempt to create jobs Benefits from job creation programs for people who Benefits from job creation programs for people who

seem unemployable seem to be elusiveseem unemployable seem to be elusive

Consider the Great Society ProgramsConsider the Great Society Programs

Page 83: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent considerable The Nation has, in the past, spent considerable funds to attempt to create jobsfunds to attempt to create jobs Benefits from job creation programs for people who Benefits from job creation programs for people who

seem unemployable seem to be elusiveseem unemployable seem to be elusive Consider the Great Society ProgramsConsider the Great Society Programs

Conceived by President John KennedyConceived by President John Kennedy

Page 84: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent considerable The Nation has, in the past, spent considerable funds to attempt to create jobsfunds to attempt to create jobs Benefits from job creation programs for people who Benefits from job creation programs for people who

seem unemployable seem to be elusiveseem unemployable seem to be elusive Consider the Great Society ProgramsConsider the Great Society Programs

Conceived by President John KennedyConceived by President John Kennedy Implemented by Lyndon B. JohnsonImplemented by Lyndon B. Johnson

Page 85: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent considerable The Nation has, in the past, spent considerable funds to attempt to create jobsfunds to attempt to create jobs Benefits from job creation programs for people who Benefits from job creation programs for people who

seem unemployable seem to be elusiveseem unemployable seem to be elusive Consider the Great Society ProgramsConsider the Great Society Programs

Conceived by President John KennedyConceived by President John Kennedy Implemented by Linden B. JohnsonImplemented by Linden B. Johnson Based on theory of Arthur Okun, Chair, Based on theory of Arthur Okun, Chair,

Council of Economic Advisors Council of Economic Advisors

Page 86: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Opportunities at the aggregate levelOpportunities at the aggregate level

The Nation has, in the past, spent considerable funds The Nation has, in the past, spent considerable funds to attempt to create jobsto attempt to create jobs Benefits from job creation programs for people who seem Benefits from job creation programs for people who seem

unemployable seem to be elusiveunemployable seem to be elusive Consider the Great Society ProgramsConsider the Great Society Programs

Conceived by President John KennedyConceived by President John Kennedy Implemented by Lyndon B. JohnsonImplemented by Lyndon B. Johnson Based on theory of Arthur Okun, Chair, Council of Based on theory of Arthur Okun, Chair, Council of

Economic Advisors Economic Advisors

The notion of Potential GNPThe notion of Potential GNP

Page 87: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

TimeReal GNP rises over time because of:

ActualGNP

Page 88: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

TimeReal GNP rises over time because of:

Population Growth and growth of the Labor Force

ActualGNP

Page 89: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

TimeReal GNP rises over time because of:

Population Growth and growth of the Labor ForcePrivate, Corporate and Government Saving leading to Investment

ActualGNP

Page 90: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

TimeReal GNP rises over time because of:

Population Growth and growth of the Labor ForcePrivate, Corporate and Government Saving leading to InvestmentTechnological Change and Innovation

ActualGNP

Page 91: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Page 92: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Potential GNP is based on the calculation of what the country couldproduce

Page 93: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Potential GNP is based on the calculation of what the country couldproduce if all factors of production

Page 94: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Potential GNP is based on the calculation of what the country couldproduce if all factors of production (Capital and Labor).

Page 95: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Potential GNP is based on the calculation of what the country couldproduce if all factors of production (Capital and Labor) were fully employed.

Page 96: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Potential GNP is based on the calculation of what the country couldproduce if all factors of production (Capital and Labor) were fully employed.This depends upon Demand factors as well as supply potential.

Page 97: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The notion of Potential GNPThe notion of Potential GNP

GNPPotentialActual

Time

ActualGNP

Potential GNP

Social Cost ofUnemployed Resources

Page 98: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of Measures to increase the employment of resources would pay off inresources would pay off in

Page 99: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of resources Measures to increase the employment of resources would pay off inwould pay off in Higher aggregate and individual levels of livingHigher aggregate and individual levels of living

Page 100: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of resources Measures to increase the employment of resources would pay off inwould pay off in Higher aggregate and individual levels of livingHigher aggregate and individual levels of living

Broader based growthBroader based growth

Page 101: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of resources Measures to increase the employment of resources would pay off inwould pay off in Higher aggregate and individual levels of livingHigher aggregate and individual levels of living Broader based growthBroader based growth

The problemThe problem

Page 102: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of resources Measures to increase the employment of resources would pay off inwould pay off in Higher aggregate and individual levels of livingHigher aggregate and individual levels of living Broader based growthBroader based growth

The problemThe problem Benefits of Head Start, Educational Programs, Job Benefits of Head Start, Educational Programs, Job

Training difficult to measureTraining difficult to measure

Page 103: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of resources Measures to increase the employment of resources would pay off inwould pay off in Higher aggregate and individual levels of livingHigher aggregate and individual levels of living Broader based growthBroader based growth

The problemThe problem Benefits of Head Start, Educational Programs, Job Training Benefits of Head Start, Educational Programs, Job Training

difficult to measuredifficult to measure

It was easier to find evidence of bureaucratic It was easier to find evidence of bureaucratic inefficiencyinefficiency

Page 104: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Measures to increase the employment of resources Measures to increase the employment of resources would pay off inwould pay off in Higher aggregate and individual levels of livingHigher aggregate and individual levels of living Broader based growthBroader based growth

The problemThe problem Benefits of Head Start, Educational Programs, Job Training Benefits of Head Start, Educational Programs, Job Training

difficult to measuredifficult to measure It was easier to find evidence of bureaucratic inefficiencyIt was easier to find evidence of bureaucratic inefficiency

Taxpayers are always unwilling to pay for benefits Taxpayers are always unwilling to pay for benefits that go to someone elsethat go to someone else

Page 105: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Higher aggregate and individual levels of livingHigher aggregate and individual levels of living Broader based growthBroader based growth

The problemThe problem Benefits of Head Start, Educational Programs, Job Training Benefits of Head Start, Educational Programs, Job Training

difficult to measuredifficult to measure It was easier to find evidence of bureaucratic inefficiencyIt was easier to find evidence of bureaucratic inefficiency Taxpayers are always unwilling to pay for benefits that go to Taxpayers are always unwilling to pay for benefits that go to

someone elsesomeone else

More recent studies have tended to find support for More recent studies have tended to find support for many Great Society programsmany Great Society programs

Page 106: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

Higher aggregate and individual levels of livingHigher aggregate and individual levels of living Broader based growthBroader based growth

The problemThe problem Benefits of Head Start, Educational Programs, Job Training Benefits of Head Start, Educational Programs, Job Training

difficult to measuredifficult to measure It was easier to find evidence of bureaucratic inefficiencyIt was easier to find evidence of bureaucratic inefficiency Taxpayers are always unwilling to pay for benefits that go to Taxpayers are always unwilling to pay for benefits that go to

someone elsesomeone else More recent studies have tended to find support for many More recent studies have tended to find support for many

Great Society programsGreat Society programs But Congressmen, typically, are more interested in But Congressmen, typically, are more interested in

opinion polls than fact findingopinion polls than fact finding

Page 107: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Okun and the Council of Economic Advisors argued, convincingly

Okun and the Council of Economic Advisors argued, convincingly

The problemThe problem Benefits of Head Start, Educational Programs, Job Training Benefits of Head Start, Educational Programs, Job Training

difficult to measuredifficult to measure It was easier to find evidence of bureaucratic inefficiencyIt was easier to find evidence of bureaucratic inefficiency Taxpayers are always unwilling to pay for benefits that go to Taxpayers are always unwilling to pay for benefits that go to

someone elsesomeone else More recent studies have tended to find support for many More recent studies have tended to find support for many

Great Society programsGreat Society programs But Congressmen, typically, are more interested in opinion But Congressmen, typically, are more interested in opinion

polls than fact findingpolls than fact finding

There is a perspective that would be worthy of There is a perspective that would be worthy of further considerationfurther consideration

Page 108: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

There is a perspective that would be worthy of further considerationThere is a perspective that would be worthy of further consideration

Recall the NIJ video in which it was argued that the Recall the NIJ video in which it was argued that the business cycle and unemployment had very little business cycle and unemployment had very little impact on crime levels.impact on crime levels.

Our own studies would tend to confirm, in the general Our own studies would tend to confirm, in the general case, that to be true - but -case, that to be true - but -

If we focus on those persons at the If we focus on those persons at the threshold of making a career decision, we threshold of making a career decision, we would have to argue to the contrary.would have to argue to the contrary.

Page 109: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost

Page 110: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost, the

present value of all the damages that a career

criminal

Page 111: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost, the

present value of all the damages that a career

criminal, in his lifetime

Page 112: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost, the

present value of all the damages that a career

criminal, in his lifetime, will impose on society

Page 113: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost, the

present value of all the damages that a career

criminal, in his lifetime, will impose on society, as

a consequence of lack of economic opportunity at

a critical moment in his life

Page 114: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost, the

present value of all the damages that a career

criminal, in his lifetime, will impose on society, as

a consequence of lack of economic opportunity at

a critical moment in his life, one would have to

conclude that

Page 115: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

If one were to calculate, as a social cost, the

present value of all the damages that a career

criminal, in his lifetime, will impose on society, as

a consequence of lack of economic opportunity at

a critical moment in his life, one would have to

conclude that the costs of failure to more closely

approach Potential GNP are likely to be very great

indeed.

Page 116: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider the cost to society of the typical burglar of Krohm’s analysis.

Who commits a burglary a week over his career. Who spends a substantial proportion of life in jail or prison Costing the taxpayers in California roughly $30,000 per year To say nothing of the added costs for law enforcement, prosecution, and adjudication.

If we add in the costs of criminals who begin, modestly, as burglars, but graduate to robbery and sometimes assault and murder, the costs get even higher.

Page 117: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider what the alternative benefits might have

been

Page 118: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider what the alternative benefits might have

been, if we could have found a way to make an

investment in that same individual's human

capital

Page 119: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider what the alternative benefits might have

been, if we could have found a way to make an

investment in that same individual's human

capital that would have made him a constructive

member of society

Page 120: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider what the alternative benefits might have

been, if we could have found a way to make an

investment in that same individual's human

capital that would have made him a constructive

member of society, producing a contribution to

GNP

Page 121: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider what the alternative benefits might have

been, if we could have found a way to make an

investment in that same individual's human

capital that would have made him a constructive

member of society, producing a contribution to

GNP, paying taxes

Page 122: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Consider what the alternative benefits might have

been, if we could have found a way to make an

investment in that same individual's human

capital that would have made him a constructive

member of society, producing a contribution to

GNP, paying taxes and contributing to economic

growth.

Page 123: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

But this is how all investment decisions are madeBut this is how all investment decisions are made

Failing to have made such a decision in the past is Failing to have made such a decision in the past is

having a devastating impact on higher educationhaving a devastating impact on higher education

Page 124: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

But this is how all investment decisions are madeBut this is how all investment decisions are made

Failing to have made such a decision in the past is Failing to have made such a decision in the past is

having a devastating impact on higher educationhaving a devastating impact on higher education

and on investments in healthand on investments in health

Page 125: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

But this is how all investment decisions are madeBut this is how all investment decisions are made

Failing to have made such a decision in the past is Failing to have made such a decision in the past is

having a devastating impact on higher education, having a devastating impact on higher education,

on investments in healthon investments in health and on the general quality and on the general quality

of lifeof life

Page 126: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

But this is how all investment decisions are madeBut this is how all investment decisions are made

Failing to have made such a decision in the past is Failing to have made such a decision in the past is

having a devastating impact on higher education, having a devastating impact on higher education,

on investments in health and on the general quality on investments in health and on the general quality

of lifeof life in Californiain California

Page 127: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

This is a hard argument to sell, because it depends upon speculation about the future, and there are many uncertainties.

But this is how all investment decisions are madeBut this is how all investment decisions are made

Failing to have made such a decision in the past is Failing to have made such a decision in the past is

having a devastating impact on higher education, having a devastating impact on higher education,

on investments in health and on the general quality on investments in health and on the general quality

of life in Californiaof life in California and the Nationand the Nation

Page 128: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Today there is a strong aversion to having government take a role in creating economic opportunities. Today there is a strong aversion to having government take a role in creating economic opportunities.

There is much anecdotal evidence of its valueThere is much anecdotal evidence of its value Small business man in Northern MichiganSmall business man in Northern Michigan In trouble, age 15, Flint MichiganIn trouble, age 15, Flint Michigan Persuaded to join FDR’s CCCPersuaded to join FDR’s CCC Put to work on conservation projects, paid Put to work on conservation projects, paid

a modest wage a modest wage Was convinced headed for a life of crime before Was convinced headed for a life of crime before

that opportunity that opportunity Gibraltar Road, into the Coast Range from Santa Barbara, was Gibraltar Road, into the Coast Range from Santa Barbara, was

built in the 1930’s as a CCC projectbuilt in the 1930’s as a CCC project

Page 129: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

To reiterate Arthur Okun’s point about Potential GNPTo reiterate Arthur Okun’s point about Potential GNP

If more people are employedIf more people are employed Costs of growth and governmentCosts of growth and government Are spread over greater numbersAre spread over greater numbers

There is not only a greater wage billThere is not only a greater wage bill There is also a broader tax baseThere is also a broader tax base Those previously a burden are made to beThose previously a burden are made to be

contributing members of society contributing members of society

Page 130: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Careful decision theory analysis

is implied for all such potential

investments in people

Page 131: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

So far, we have talked about decision theory as it applies to choice to commit crime - or strategies to prevent it. It can apply to other CJS decisions.

So far, we have talked about decision theory as it applies to choice to commit crime - or strategies to prevent it. It can apply to other CJS decisions.

• Establishing Standards for JusticeEstablishing Standards for Justice

• The Criminal Justice SystemThe Criminal Justice System

Police Prosecutor Courts

CorrectionsDismissal

GuiltyNot Guilty

What determines the standards for Guilt, Innocence?

Page 132: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Since the O. J. Simpson trials, the standards for the determination of guilt and innocence have become an issue subject to considerable debate.

Since the O. J. Simpson trials, the standards for the determination of guilt and innocence have become an issue subject to considerable debate.

Today want to talk about a personal experience closer to Today want to talk about a personal experience closer to home that illustrates some of our concerns and how our home that illustrates some of our concerns and how our system deals with themsystem deals with them

Tuesday Feb. 22 - Tue, Mar. 1, 1983, served as a juror on a Tuesday Feb. 22 - Tue, Mar. 1, 1983, served as a juror on a criminal case in S. B. County Superior Court.criminal case in S. B. County Superior Court.

U. S. Constitution, Amendment VI,“Trial by Jury”U. S. Constitution, Amendment VI,“Trial by Jury”guarantees each of us a”trial by an impartial jury of one’s guarantees each of us a”trial by an impartial jury of one’s peers”peers”

A costly process for the State and the jurorsA costly process for the State and the jurors 1983 juror’s pay: $9/day + free parking if get there early1983 juror’s pay: $9/day + free parking if get there early

Prof. Phillips had to give my lectures in Econ 160Prof. Phillips had to give my lectures in Econ 160

Page 133: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Jury Selection

1. Candidates, randomly selected from voter registration lists, notified must serve. For a reasonable excuse, one can be temporarily excused, e.g., too pregnant to serve, caring for a young baby. It is a citizens duty to serve, regarded by law as serious a duty as serving in the military in wartime.2. Jury panel seated in the courtroom. Size based on nature of trial (100 for Grove murder case) Initially, 12 + 2 alternates selected to sit in jury box .3. Each, in turn, questioned to determine impartiality Judge can “release for cause”. Atty for Defense has limited No. preemptory challenges Prosecutor has similar privilege

Page 134: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Jury Selection (-cont.)

Judge will “dismiss for cause”Any potential juror linked to law enforcement, I.e., friend of a police officer or of a D.A.One who has strong views on guilt or punishmentA person with prior knowledge of the case

Page 135: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Case(announced at the beginning of the proceedings)

The Case(announced at the beginning of the proceedings)

Department 5, Santa Barbara Superior CourtDepartment 5, Santa Barbara Superior Court Judge: Patrick McMahon, presidingJudge: Patrick McMahon, presiding Charges: Burglary (2 counts), Attempted RapeCharges: Burglary (2 counts), Attempted Rape Location of Crime: 6565 Sabado Tarde, Isla Location of Crime: 6565 Sabado Tarde, Isla

VistaVista Time: 6:00am, March 2, 1981Time: 6:00am, March 2, 1981 Expected time of trial: 8 daysExpected time of trial: 8 days

Page 136: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Jury SelectionMy expectation as a potential juror:Jury SelectionMy expectation as a potential juror:

To be “released for cause” as in earlier caseTo be “released for cause” as in earlier case Because of research interests, Because of research interests, Past interaction with persons in local law enforcement Past interaction with persons in local law enforcement

Instead was asked if I thought that my knowledgeInstead was asked if I thought that my knowledgewould bias my judgment of guilt or innocencewould bias my judgment of guilt or innocence

Of course, answered, No.Of course, answered, No.

Defense attorney concerned with eliminatingDefense attorney concerned with eliminating Young women, older women with daughters,Young women, older women with daughters, Any juror who had a friend or relative who was aAny juror who had a friend or relative who was a victim of a sex crime victim of a sex crime. .

Page 137: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Jury Selection My expectation as a potential juror:

To be “released for cause” as in earlier case,To be “released for cause” as in earlier case, because of research interests and past interaction because of research interests and past interaction with persons in local law enforcement. with persons in local law enforcement. Instead was asked if I thought that my knowledgeInstead was asked if I thought that my knowledge would bias my judgment of guilt or innocence. would bias my judgment of guilt or innocence. Of course, answered, No.Of course, answered, No. Defense attorney concerned with eliminating youngDefense attorney concerned with eliminating young women, older women with daughters, any juror who women, older women with daughters, any juror who had a friend or relative who was a victim of a had a friend or relative who was a victim of a sex crime. sex crime. A strong law and order type was invariably dismissed.A strong law and order type was invariably dismissed.

Page 138: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The process of a jury trial seems stacked in favor of the defendant -

because we are soft on crime?

The process of a jury trial seems stacked in favor of the defendant -

because we are soft on crime?

No. Standard hypothesis testing procedure is to bias No. Standard hypothesis testing procedure is to bias a test against the hypothesis one is attempting to a test against the hypothesis one is attempting to prove - to avoid costly mistakesprove - to avoid costly mistakes

In a trial, we do this by starting with a presumption of In a trial, we do this by starting with a presumption of innocence. The defense not required to prove it.innocence. The defense not required to prove it.

The prosecution is required to prove “Guilt, beyond a The prosecution is required to prove “Guilt, beyond a reasonable doubt”reasonable doubt”

Proof of innocence may still be a good defense ployProof of innocence may still be a good defense ploy

Page 139: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

•The trial•Ground Rules from initial statement by Judge:• 1. No talking with other jurors, or with anyone outside the• Courtroom about the case• 2. No experiments or detective work or personal

investigations to be conducted by jurors on own•Prosecutor, Patrick McKinley, begins with description• 1. of the crime and• 2. the case against the defendant

Page 140: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

Page 141: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

6565 Sabado Tarde

Page 142: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

6565 Sabado Tarde

DECK - 2 LEVELS: 2nd, 3rd

WALK

DRIVE- WAY

FENCE

DECK

BATH

X

ENTER FROM2ND FLOORDECK

MGR 1ST FLOOR

#13 2ND

#18 3RD

Page 143: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors:

Page 144: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant:

Page 145: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes

Page 146: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record)

Page 147: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager:

Page 148: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set

Page 149: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim:

Page 150: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial.

Page 151: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3)

Page 152: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Page 153: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:

Page 154: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:1. Brother of Defendant

Page 155: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:1. Brother of Defendant, Apt. 13: heard, saw nothing

Page 156: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:1. Brother of Defendant, Apt. 13: heard, saw nothing2. Brother’s Roommate:

Page 157: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:1. Brother of Defendant, Apt. 13: heard, saw nothing2. Brother’s Roommate: heard screams, door of apt.

open soon after

Page 158: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:1. Brother of Defendant, Apt. 13: heard, saw nothing2. Brother’s Roommate: heard screams, door of apt.

open soon after3. Residents,

Page 159: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: Defendant: introduced by the Prosecutor: med. ht./ build,

kinky, dark blonde hair, distinctive, deep set eyes DENIES GUILT (learned later, prior record) Apt. Manager: elderly (60’s), heavy set Alleged Victim: previously had identified Defendant, did so at trial. Roommates (3): called police, couldn’t identify assailant

Said was light enough to do so. All had something stolen.

Other Apt. Residents:1. Brother of Defendant, Apt. 13: heard, saw nothing2. Brother’s Roommate: heard screams, door of apt.

open soon after3. Residents, Apt.18: heard, saw nothing, door locked

entire time

Page 160: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.)

Page 161: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy:

Page 162: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew.

Page 163: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

6565 Sabado Tarde

DECK - 2 LEVELS: 2nd, 3rd

WALK

DRIVE- WAY

FENCE

DECK on 2nd and 3rd levels

BATH

X

ENTER FROM2ND FLOORDECK

MGR 1ST FLOOR

#13 2ND

#18 3RD

Page 164: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where.

Page 165: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13.

Page 166: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Page 167: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt. Carter: Sheriff’s Detective,

Page 168: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt. Carter: Sheriff’s Detective, impressive, professional, couldenvision in trench coat, out doing job.

Page 169: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt. Carter: Sheriff’s Detective, impressive, professional, couldenvision in trench coat, out doing job. Asked allthe right questions.

Page 170: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt. Carter: Sheriff’s Detective, impressive, professional, couldenvision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Page 171: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt. Carter: Sheriff’s Detective, impressive, professional, couldenvision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Defendant:

Page 172: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt. Carter: Sheriff’s Detective, impressive, professional, couldenvision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Defendant: stated innocence.

Page 173: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt.. Carter: Sheriff’s Detective, impressive, professional, could

envision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Defendant: stated innocence. Said that on night in questiondrank a lot of beer (2 6-packs), alone, locked out of brother’s apt.

Page 174: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt.. Carter: Sheriff’s Detective, impressive, professional, could

envision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Defendant: stated innocence. Said that on night in questiondrank a lot of beer (2 6-packs), alone, locked out of brother’s apt.

Defense Attorney:

Page 175: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt.. Carter: Sheriff’s Detective, impressive, professional, could

envision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Defendant: stated innocence. Said that on night in questiondrank a lot of beer (2 6-packs), alone, locked out of brother’s apt.

Defense Attorney: Steve Balash

Page 176: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt.. Carter: Sheriff’s Detective, impressive, professional, could

envision in trench coat, out doing job. Asked allthe right questions. Tracked suspect to San Diegoand made arrest.

Defendant: stated innocence. Said that on night in questiondrank a lot of beer (2 6-packs), alone, locked out of brother’s apt.

Defense Attorney: Steve Balash, noted local criminal defense lawyer.

Page 177: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Actors: (-cont.) Sheriff’s Deputy: 1st to scene ~ 6 min., saw footprints on

steps in dew. Earlier had given erroneous report of where. Said to top floor in back (would have been to #18), actually to 2nd floor, hence would have been to #13. He had subsequently beenreassigned from patrol to courtroom duty.

Lt.. Carter: Sheriff’s Detective, impressive, professional, could envision in trench coat, out doing job. Asked all the right questions. Tracked suspect to San Diego and made arrest. Defendant: stated innocence. Said that on night in question

drank a lot of beer (2 6-packs), alone, locked out of brother’s apt.

Defense Attorney: Steve Balash, noted local criminal defense lawyer. Questions each witness to fan

concerns of “reasonable doubt”.

Page 178: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Page 179: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor

Page 180: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor)

Page 181: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone

Page 182: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug,

Page 183: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen

Page 184: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair.

Page 185: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level,

Page 186: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom,

Page 187: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

6565 Sabado Tarde

DECK - 2 LEVELS: 2nd, 3rd

WALK

DRIVE- WAY

FENCE

DECK on 2nd and 3rd floors

BATH

X

ENTER FROM2ND FLOORDECK

MGR. 1ST FLOOR

#13 2ND

#18 3RD

2 bedrooms, bath on 3rd2 bedrooms, bath on 3rdkitchen on 2nd floorkitchen on 2nd floor

Page 188: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc.. things from other rooms.

Page 189: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim

Page 190: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed,

Page 191: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair

Page 192: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat

Page 193: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

Page 194: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

What did she do?

Page 195: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

What did she do? Scream?

Page 196: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

What did she do? Scream? No.

.

Page 197: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

What did she do? Scream? No.

Her roommate sat up in bed

Page 198: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

What did she do? Scream? No.

Her roommate sat up in bed and screamed.

Page 199: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama

Prosecutor had described how the attacker had entered the apartment on the main level (2nd floor), disconnected the phone, by pulling plug, picked up a carving knife in kitchen, and a washcloth to cover his hair. Had then gone upstairs to the bedroom level, entered front bedroom and taken pack and money from front bedroom, misc. things from other rooms.

Was discovered by Alleged Victim, sitting on her bed, wash cloth covering his hair, with a knife to her throat, and other hand on her breast.

What did she do? Scream? No.

Her roommate sat up in bed and screamed. The assailant ran.

Page 200: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

Page 201: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

Page 202: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first *

Page 203: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

6565 Sabado Tarde

DECK - 2 LEVELS: 2nd, 3rd

WALK

DRIVE- WAY

FENCE

DECK on 2nd and 3rd floors

BATH

X

ENTER FROM2ND FLOORDECK

MGR 1ST FLOOR

#13 2ND

#18 3RD

***

Page 204: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Page 205: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Scene of the crime:

6565 Sabado Tarde

DECK - 2 LEVELS: 2nd, 3rd

WALK

DRIVE- WAY

FENCE

DECK on 2nd and 3rd floors

BATH

X

*

ENTER FROM2ND FLOORDECK

MGR 1ST FLOOR

#13 2ND

#18 3RD

*

Page 206: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager

Page 207: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream,

Page 208: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet

Page 209: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery.

Page 210: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting

Page 211: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse

Page 212: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse, not having seen him in a lineup or in mug shots.

Page 213: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse, not having seen him in a lineup or in mug shots.

By now, it was clear that the case hinges on

Page 214: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse, not having seen him in a lineup or in mug shots.

By now, it was clear that the case hinges on whether it was possible for the Victim to see

Page 215: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse, not having seen him in a lineup or in mug shots.

By now, it was clear that the case hinges on whether it was possible for the Victim to see well enough to identify her attacker.

Page 216: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse, not having seen him in a lineup or in mug shots.

By now, it was clear that the case hinges on whether it was possible for the Victim to see well enough to identify her attacker. Everything depended upon visibility

Page 217: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The women heard him clumping down the stairs.

The washcloth was found at the first * , the knife at the second.

Manager testified that he heard a scream, running feet, went outside and found the knife in the shrubbery. Later, Victim, with no prompting, picks out attacker in arraignment hearing at the Courthouse, not having seen him in a lineup or in mug shots.

By now, it was clear that the case hinges on whether it was possible for the Victim to see well enough to identify her attacker. Everything depended upon visibility in the light at 6:00 am on that morning in March.

Page 218: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

Page 219: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

Page 220: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

An astronomer from the S. B. Museum of Natural

History

Page 221: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

An astronomer from the S. B. Museum of Natural

History

A visit to the scene of the crime for the jury

Page 222: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

An astronomer from the S. B. Museum of Natural

History

A visit to the scene of the crime for the jury

My inadvertent experiment

Page 223: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

An astronomer from the S. B. Museum of Natural

History

A visit to the scene of the crime for the jury

My inadvertent experiment

Observation of the light at 6:00 am

Page 224: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

An astronomer from the S. B. Museum of Natural

History

A visit to the scene of the crime for the jury

My inadvertent experiment

Observation of the light at 6:00 am

Letter to the Judge

Page 225: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Courtroom Drama (-cont.)

The testimony produced by the Prosecutor:

An astronomer from the S. B. Museum of Natural

History

A visit to the scene of the crime for the jury

My inadvertent experiment

Observation of the light at 6:00 am

Letter to the Judge

Dismissal

Page 226: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution?

Page 227: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution? Prosecutor didn’t want questions raised

resulting in a mistrial.

Page 228: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution? Prosecutor didn’t want questions raised

resulting in a mistrial. Defense wanted me off jury. From my letter,

was clear I might sway jury against defendant.

Page 229: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution? Prosecutor didn’t want questions raised

resulting in a mistrial. Defense wanted me off jury. From my letter,

was clear I might sway jury against defendant. Judge didn’t want a mistrial. Only solution was to dismiss me, bring in alternate.

Page 230: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution? Prosecutor didn’t want questions raised

resulting in a mistrial. Defense wanted me off jury. From my letter,

was clear I might sway jury against defendant. Judge didn’t want a mistrial. Only solution was to dismiss me, bring in alternate.

The Judge’s letter

Page 231: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?
Page 232: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?
Page 233: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?
Page 234: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?
Page 235: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution? Prosecutor didn’t want questions raised

resulting in a mistrial. Defense wanted me off jury. From my letter,

was clear I might sway jury against defendant. Judge didn’t want a mistrial. Only solution was to dismiss me, bring in alternate.

The Judge’s letter

Was the outcome just?

Page 236: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Why were judge and two attorneys agreed on solution? Prosecutor didn’t want questions raised

resulting in a mistrial. Defense wanted me off jury. From my letter,

was clear I might sway jury against defendant. Judge didn’t want a mistrial. Only solution was to dismiss me, bring in alternate.

The Judge’s letter

Was the outcome just?

Does the Economic Paradigm help to evaluate thesituation?

Page 237: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

Page 238: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

Page 239: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

a. Found Guilty when guilty

Page 240: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:a. Found Guilty when guilty

b. Found Innocent when guilty

Page 241: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

a. Found Guilty when guilty

b. Found Innocent when guilty

c. Found Guilty when innocent

Page 242: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

a. Found Guilty when guilty

b. Found Innocent when guilty

c. Found Guilty when innocent

d. Found Innocent when innocent

Page 243: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

a. Found Guilty when guilty

b. Found Innocent when guilty

c. Found Guilty when innocent

d. Found Innocent when innocent

2. Value states of the world

Page 244: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

a. Found Guilty when guilty

b. Found Innocent when guilty

c. Found Guilty when innocent

d. Found Innocent when innocent

2. Value states of the world

3. Select “best” outcome

Page 245: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

The Economic Paradigm

1. Specifying the alternative feasible outcomes:

a. Found Guilty when guilty

b. Found Innocent when guilty

c. Found Guilty when innocent

d. Found Innocent when innocent

2. Value states of the world

3. Select “best” outcome

How do we do steps 2., 3. ?

Page 246: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Problem: We don’t know if defendant is innocent or guilty.

Page 247: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Problem: We don’t know if defendant is innocent or guilty.

Purpose of trial is to determine innocence or guilt, but we may never know truth of innocence or guilt with certainty.

Page 248: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Problem: We don’t know if defendant is innocent or guilty.

Purpose of trial is to determine innocence or guilt, but we may never know truth of innocence or guilt with certainty. When there is a possibility for error, we need a logical approach to doing our best, i.e., to determine guilt or innocence “beyond a reasonable doubt.”

Page 249: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Problem: We don’t know if defendant is innocent or guilty.

Purpose of trial is to determine innocence or guilt, but we may never know truth of innocence or guilt with certainty. When there is a possibility for error, we need a logical approach to doing our best, i.e., to determine guilt or innocence “beyond a reasonable doubt.”

We turn to the science of Hypothesis Testing.

Page 250: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Null Hypothesis: The Defendant is INNOCENT. As prescribed by the U. S. Constitution.

Alternate Hypothesis: The Defendant is GUILTY.

Distribution ofdefendantswho areinnocent

Distribution of guilty defendants

0.0 Standard of quality for evidence 1.0Certaintyof Guilt

(Certainty ofInnocence)

A B

ArbitraryStandard Set

Innocent,found GuiltyType I Error

Guilty,found InnocentType II Error

S*

Page 251: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

How do we choose the correct standard for the quality of evidence ?

Page 252: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

How do we choose the correct standard for the quality of evidence ?

Go back to the Economic Paradigm

Page 253: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

How do we choose the correct standard for the quality of evidence ?

Go back to the Economic Paradigm

The objective would be to minimize the socialcost of error,

Page 254: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

How do we choose the correct standard for the quality of evidence ?

Go back to the Economic Paradigm

The objective would be to minimize the socialcost of error,

I.e., Min SC = P( II ) . $ II + P( I ) . $ I

Page 255: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Null Hypothesis: The Defendant is INNOCENT.As prescribed by the U. S. Constitution.

Alternate Hypothesis: The Defendant is GUILTY.

Distribution ofdefendantswho areinnocent

Distribution of guilty defendants

0.0 Standard of quality for evidence 1.0Certaintyof Guilt

(Certainty ofInnocence)

A B

ArbitraryStandard Set

Innocent,found GuiltyType I Error

Guilty,found InnocentType II Error

S*

Page 256: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

How do we choose the correct standard for the quality of evidence ?

Go back to the Economic Paradigm

The objective would be to minimize the socialcost of error,

I.e., Min SC = P( II ) . $ II + P( I ) . $ I*

In our society we would probably assign ahigher cost to *convicting an innocent manthan than that for allowing a guilty man to go free

Page 257: Economics 160 Votey, Lecture 8, Notes, p. 123 Syllabus XVI Lecture 16 Professor Votey Decision Theory: Jury Trials, Fair to Whom ?

Professor PhillipsProfessor Phillips

The Family andThe Family and

DelinquencyDelinquency

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