Law Economics of Crime and Criminal Justice Policy in Korea(Ⅲ)
- LanguageKorean
- Authors Kyungrae Park
- Date December 01, 2011
- Hit233
▣ Introduction
- Making and implementing a criminal justice policy in Korea was not in trouble compared to the other public policies such as economic policy, welfare policy, defense policy and so on. That is because only a small portion of government's budget was drawn to criminal justice policy, the level of the fear of crime was low, and the opinions concerning the official criminal justice policy was almost unique.
- However, the criminal justice circumstance in Korea is changing. The budget related to the Korean criminal justice system has been rapidly increased and the demand to take a strong step for crime control has been highly raised. Moreover, the conflict between criminal justice agencies has been grown seriously. These changes led the criminal justice policy to be more efficient, accurate and scientific than before. To address this demand, the interest in CBA to inform evidence- based policy has continued to grow.
- The purpose of CBA is to help social decision making and to make the decision more rational. CBA is a policy assessment method that quantifies the value of all consequences of a policy in monetary terms to all members of society.
- The CBA has rather been actively done abroad, but has rarely been done in Korea. The purpose of the study is to provide researchers as well as working-level policy makers in local with basic material for economic uation of criminal policy, CBA, in particular, and to introduce and give ‘actual cases’.
- For the case study, the study selects four programmes that are currently in use or to be used at the police, prosecutors’ office, correctional service juvenile detention center and so on. For instance, the CBA was done by questionnaire survey from ‘Jupok(drunken violence) Eradication Program (JEP)’ of the police, ‘Korean version of plea bargaining’ of prosecutors’ office that is to be introduced, and ‘the 8th juvenile provision of Juvenile Law’ of juvenile detention center.
▣ CBA of JEP
□ JEP overview
- Obstruction of justice by drunken people has been a serious problem in a street-level police agency in Korea. JEP is a kind of community policing that addresses the root of problem. JEP was initially launched on September, 2010 by Chungbuk Provincial Police Agency. This study analyzes the cost and benefit of the programme.
□ Methodology
- measure based on potential cost not on nominal cost
- measure psychological utility using Willing-To-Pay method
- cost items: direct cost (i.e., labor cost), indirect cost (i.e., operation expense), capital cost (i.e., rental cost), and other costs
- benefit items: benefit of crime decreased in Chungbuk due to JEP, potential benefit of Chungbuk police, benefit of Chungbuk residents
□ Measuring the cost and benefit
○ Cost
- Direct cost : labor cost for JEP 922,207,792 won.
- Indirect cost : indirect support cost for JEP 221,876,182 won
- Capital cost : rent cost for JEP 66,282,400 won
- Cost for program PR : PR expense for JEP 52,930,000 won
- Total cost : 1,263,296,374 won
○ benefit
- benefit from reduction of drunken crime cost
. drunken crime response cost reduction = drunken crime response cost x amount of crime decreased
: Chungbuk’s drunken crime response cost : 22,389,000,000 won
: decrease of drunken crime cost : 9.49%
: drunken crime response cost reduction = 2,124,716,000×9.49% = 2,124,716,000 won
- police’s benefit from reduced working hour
. Chungbuk Police Division’s time benefit = labor cost of individual Chungbuk police officer per hour × number of Chungbuk police division × reduced time of dealing with drunken people
. labor cost of individual Chungbuk police officer per hour : 32,328 won
. number of Chungbuk Police Division : 1,439
. reduced time of dealing with drunken people : 1/12 hour
. Chungbuk Police Division’s time benefit = 32,328×1,439×1/12 = 3,876,666 won
. Chungbuk Police Division’s time benefit by year = 1,007,933,160 won
- police’s satisfaction benefit from reduced number of drunken people
. utility increase of police division due to decrease of drunken people = decrease of drunken people by type × utility increase of police division from decrease of drunken people
. sleep in drunk = 19,455 increase × 8,262.8 won = - 160,752,774 won
. disturbance by drunk = 24,319 decrease × 9,925.9 won = 241,387,962 won
. drunken violence = 26,938 decease × 12,639.4 won = 340,480,157 won
. drunken violence toward police = 65 decrease × 20,045 won = 1,302,925 won
. total satisfaction benefit from the decrease of drunken people = 422,418,270 won
- Chungbuk residents’ satisfaction benefit from reduced number of drunken people
. utility increase of residents due to decrease of drunken people = decrease of drunken people residents are facing by type × utility increase of residents from drunken people decrease
. sleep in drunk = 6,722,520 decrease × 260.08 won = 1,748,393,002 won
. disturbance by drunk = 246,698 decrease × 231.22 won = 57,041,511 won
. drunken violence = 493,396 increase × 205.87 won = - 101,575,434 won
. total residents’ satisfaction benefit from the decrease of drunken people = 1,703,859,079 won
- Total benefit : 5,258,920,000
□ Conclusion
○ B/C ratio
- benefit/cost ratio = 5,258,920,000 won / 1,263,296,374 won = 4.16
- In conclusion, JEP is regarded as a considerably effective program in terms of cost effectiveness.
○ Other benefits
- JEP changed the awareness of drunken people and the problem caused by them among Chungbuk residents.
- JEP raised the residents’ awareness of drunken people problem and that of their perception to solve these problem.
▣ CBA of introducing a Korean version of plea bargaining system
□ Overview
- The social consensus on the need of the introduction of a plea bargaining system is increasing. So it is needed to analyze the social costs and benefits of introducing a plea bargaining system as part of an economic validity study.
□ The main basis of estimating social benefits and costs
○ The main basis of estimating the social benefits
- First, all suspect, prosecutor, judge, lawyer, victim and the general public are benefited from the system.
- Second, the system is efficient and effective like a voluntary settlement or agreement.
- Third, the rights of suspects who have no choice during the trial could be expanded by giving them a choice.
○ The main basis of estimating social costs
- First, the innocent defendant may be convicted. Objectors of a plea bargaining system argue that this is the most important reason.
- Second, the current plea bargaining system may cause unfair negotiation because prosecutors have a major authority in the negotiation.
- Third, there is no player for impartial judgments in the system in order to prevent prosecutor’s mismanagement, realize the equality in the procedures and even make a fair judgement with the presence of the jury.
□ Estimating social benefits and costs of introducing a plea bar-gaining system
○ On the basis of estimating social benefits and costs mentioned above, social benefits and costs of introducing a plea bargaining system are estimated by using the willingness to pay method and the crime cost estimation method.
○ The first method (willingness to pay method) estimates the benefits and costs by separating the two groups, respectively.
- The amount of the first group of social benefits is approximately 14.4 billion won, and the second group’s willingness to pay amount is approximately 12.5 billion won.
- On the other hand, willingness to pay amount for the first group of the social cost is 10.4 billion won, and for the second group’s social cost is approximately 7.2 billion won.
○Social benefits and costs of introducing of a plea bargaining system are estimated by using the crime cost estimation method. Followings are the results.
- The amount of social benefit using crime costs is approximately 3,007 billion won.
- The amount of social cost using crime costs is approximately 810 billion won.
○[Table 1] shows the estimated amounts of social benefits and costs of introducing a plea bargaining system by the willingness to pay method and the crime cost estimation method.
- Making and implementing a criminal justice policy in Korea was not in trouble compared to the other public policies such as economic policy, welfare policy, defense policy and so on. That is because only a small portion of government's budget was drawn to criminal justice policy, the level of the fear of crime was low, and the opinions concerning the official criminal justice policy was almost unique.
- However, the criminal justice circumstance in Korea is changing. The budget related to the Korean criminal justice system has been rapidly increased and the demand to take a strong step for crime control has been highly raised. Moreover, the conflict between criminal justice agencies has been grown seriously. These changes led the criminal justice policy to be more efficient, accurate and scientific than before. To address this demand, the interest in CBA to inform evidence- based policy has continued to grow.
- The purpose of CBA is to help social decision making and to make the decision more rational. CBA is a policy assessment method that quantifies the value of all consequences of a policy in monetary terms to all members of society.
- The CBA has rather been actively done abroad, but has rarely been done in Korea. The purpose of the study is to provide researchers as well as working-level policy makers in local with basic material for economic uation of criminal policy, CBA, in particular, and to introduce and give ‘actual cases’.
- For the case study, the study selects four programmes that are currently in use or to be used at the police, prosecutors’ office, correctional service juvenile detention center and so on. For instance, the CBA was done by questionnaire survey from ‘Jupok(drunken violence) Eradication Program (JEP)’ of the police, ‘Korean version of plea bargaining’ of prosecutors’ office that is to be introduced, and ‘the 8th juvenile provision of Juvenile Law’ of juvenile detention center.
▣ CBA of JEP
□ JEP overview
- Obstruction of justice by drunken people has been a serious problem in a street-level police agency in Korea. JEP is a kind of community policing that addresses the root of problem. JEP was initially launched on September, 2010 by Chungbuk Provincial Police Agency. This study analyzes the cost and benefit of the programme.
□ Methodology
- measure based on potential cost not on nominal cost
- measure psychological utility using Willing-To-Pay method
- cost items: direct cost (i.e., labor cost), indirect cost (i.e., operation expense), capital cost (i.e., rental cost), and other costs
- benefit items: benefit of crime decreased in Chungbuk due to JEP, potential benefit of Chungbuk police, benefit of Chungbuk residents
□ Measuring the cost and benefit
○ Cost
- Direct cost : labor cost for JEP 922,207,792 won.
- Indirect cost : indirect support cost for JEP 221,876,182 won
- Capital cost : rent cost for JEP 66,282,400 won
- Cost for program PR : PR expense for JEP 52,930,000 won
- Total cost : 1,263,296,374 won
○ benefit
- benefit from reduction of drunken crime cost
. drunken crime response cost reduction = drunken crime response cost x amount of crime decreased
: Chungbuk’s drunken crime response cost : 22,389,000,000 won
: decrease of drunken crime cost : 9.49%
: drunken crime response cost reduction = 2,124,716,000×9.49% = 2,124,716,000 won
- police’s benefit from reduced working hour
. Chungbuk Police Division’s time benefit = labor cost of individual Chungbuk police officer per hour × number of Chungbuk police division × reduced time of dealing with drunken people
. labor cost of individual Chungbuk police officer per hour : 32,328 won
. number of Chungbuk Police Division : 1,439
. reduced time of dealing with drunken people : 1/12 hour
. Chungbuk Police Division’s time benefit = 32,328×1,439×1/12 = 3,876,666 won
. Chungbuk Police Division’s time benefit by year = 1,007,933,160 won
- police’s satisfaction benefit from reduced number of drunken people
. utility increase of police division due to decrease of drunken people = decrease of drunken people by type × utility increase of police division from decrease of drunken people
. sleep in drunk = 19,455 increase × 8,262.8 won = - 160,752,774 won
. disturbance by drunk = 24,319 decrease × 9,925.9 won = 241,387,962 won
. drunken violence = 26,938 decease × 12,639.4 won = 340,480,157 won
. drunken violence toward police = 65 decrease × 20,045 won = 1,302,925 won
. total satisfaction benefit from the decrease of drunken people = 422,418,270 won
- Chungbuk residents’ satisfaction benefit from reduced number of drunken people
. utility increase of residents due to decrease of drunken people = decrease of drunken people residents are facing by type × utility increase of residents from drunken people decrease
. sleep in drunk = 6,722,520 decrease × 260.08 won = 1,748,393,002 won
. disturbance by drunk = 246,698 decrease × 231.22 won = 57,041,511 won
. drunken violence = 493,396 increase × 205.87 won = - 101,575,434 won
. total residents’ satisfaction benefit from the decrease of drunken people = 1,703,859,079 won
- Total benefit : 5,258,920,000
□ Conclusion
○ B/C ratio
- benefit/cost ratio = 5,258,920,000 won / 1,263,296,374 won = 4.16
- In conclusion, JEP is regarded as a considerably effective program in terms of cost effectiveness.
○ Other benefits
- JEP changed the awareness of drunken people and the problem caused by them among Chungbuk residents.
- JEP raised the residents’ awareness of drunken people problem and that of their perception to solve these problem.
▣ CBA of introducing a Korean version of plea bargaining system
□ Overview
- The social consensus on the need of the introduction of a plea bargaining system is increasing. So it is needed to analyze the social costs and benefits of introducing a plea bargaining system as part of an economic validity study.
□ The main basis of estimating social benefits and costs
○ The main basis of estimating the social benefits
- First, all suspect, prosecutor, judge, lawyer, victim and the general public are benefited from the system.
- Second, the system is efficient and effective like a voluntary settlement or agreement.
- Third, the rights of suspects who have no choice during the trial could be expanded by giving them a choice.
○ The main basis of estimating social costs
- First, the innocent defendant may be convicted. Objectors of a plea bargaining system argue that this is the most important reason.
- Second, the current plea bargaining system may cause unfair negotiation because prosecutors have a major authority in the negotiation.
- Third, there is no player for impartial judgments in the system in order to prevent prosecutor’s mismanagement, realize the equality in the procedures and even make a fair judgement with the presence of the jury.
□ Estimating social benefits and costs of introducing a plea bar-gaining system
○ On the basis of estimating social benefits and costs mentioned above, social benefits and costs of introducing a plea bargaining system are estimated by using the willingness to pay method and the crime cost estimation method.
○ The first method (willingness to pay method) estimates the benefits and costs by separating the two groups, respectively.
- The amount of the first group of social benefits is approximately 14.4 billion won, and the second group’s willingness to pay amount is approximately 12.5 billion won.
- On the other hand, willingness to pay amount for the first group of the social cost is 10.4 billion won, and for the second group’s social cost is approximately 7.2 billion won.
○Social benefits and costs of introducing of a plea bargaining system are estimated by using the crime cost estimation method. Followings are the results.
- The amount of social benefit using crime costs is approximately 3,007 billion won.
- The amount of social cost using crime costs is approximately 810 billion won.
○[Table 1] shows the estimated amounts of social benefits and costs of introducing a plea bargaining system by the willingness to pay method and the crime cost estimation method.
□ Economic validity of introducing a plea bargaining system
○ First, the result of the CBA by the willingness to pay method is reported in the cost-benefit ratio(B/C ratio).
- The result of the B/C ratio by the willingness to pay method is 1.27 (= 17.2/13.5 billion won) and 1.57 (= 15.1/9.6 billion won).
- If the social cost 1 won is demanded in introducing a plea bargaining system, the estimated social benefit is 1.27 to 1.57 won.
○The result of the CBA by the crime cost estimation method is reported in the B/C ratio.
- Since the amount of social benefits is 3,007 billion won and the amount of social costs is 810 billion won, if the social cost 1 won is needed, the estimated social benefit is 3.72 won.
○According to the analysis of two methods, the results indicate that the benefits of introducing the system are much larger than the costs and support the effectiveness of the system and the validity of introducing the system.
○Finally, the result of the CBA by summing the amounts of both methods is reported in the B/C ratio.
- The result of B/C ratio is approximately 3.68 ~ 3.69.
○According the analysis of summing the amounts of two estimation methods, the end result of benefits are greater than the costs does not change.
○ First, the result of the CBA by the willingness to pay method is reported in the cost-benefit ratio(B/C ratio).
- The result of the B/C ratio by the willingness to pay method is 1.27 (= 17.2/13.5 billion won) and 1.57 (= 15.1/9.6 billion won).
- If the social cost 1 won is demanded in introducing a plea bargaining system, the estimated social benefit is 1.27 to 1.57 won.
○The result of the CBA by the crime cost estimation method is reported in the B/C ratio.
- Since the amount of social benefits is 3,007 billion won and the amount of social costs is 810 billion won, if the social cost 1 won is needed, the estimated social benefit is 3.72 won.
○According to the analysis of two methods, the results indicate that the benefits of introducing the system are much larger than the costs and support the effectiveness of the system and the validity of introducing the system.
○Finally, the result of the CBA by summing the amounts of both methods is reported in the B/C ratio.
- The result of B/C ratio is approximately 3.68 ~ 3.69.
○According the analysis of summing the amounts of two estimation methods, the end result of benefits are greater than the costs does not change.
▣CBA of Juvenile Short-term Incarceration (the 8th Measure)
□ Purpose of the study and Methodology
○This study analyzes costs and benefits of the 8th measure, which is one-month incarceration at juvenile schools, as an alternative to the 9th measure, which has a longer period of incarceration, 6 month at maximum.
○Our analysis follows the methodology of Aos et al.(2001a) and entails the followings steps:
- Step 1: Estimation of effectiveness of two measures
- Step 2: Estimation of benefits of the 8th measure as an alternative to the 9th measure
- Step 3: Estimation of net costs of the 8th measure
- Step 4: Comparison of costs and benefits
□ Estimation of effectiveness of the 8th measure
○We use the re-entry rates of juvenile schools in order to estimate the effectiveness of two measures.
○We find that the re-entry rate for the 8th measure is lower by 57% relative to the rate for the 9th measure.
○Given that the average number of re-offences of youth is 1.86, we find that when a youth is treated with the 8th measure rather than the 9th measure, the expected number of crime reduction per youth is 1.06 (0.57*1.86).
□ Estimation of benefits of the 8th measure
○We need to estimate the expected costs of juvenile crime per case in order to estimate the benefits of the 8th measure.
○We estimate the expected costs of juvenile crime per case to be 3,334,674 Won.
○We now multiply this to the previous expected number of crime reduction per youth (1.06) to get approximately 3,541,060 Won, which is the expected benefits of the 8th measure as an alternative to the 9th measure.
- This is the savings of resources from the perspectives of taxpayers when we treat a youth with the 8th measure rather than the 9th measure.
□ Purpose of the study and Methodology
○This study analyzes costs and benefits of the 8th measure, which is one-month incarceration at juvenile schools, as an alternative to the 9th measure, which has a longer period of incarceration, 6 month at maximum.
○Our analysis follows the methodology of Aos et al.(2001a) and entails the followings steps:
- Step 1: Estimation of effectiveness of two measures
- Step 2: Estimation of benefits of the 8th measure as an alternative to the 9th measure
- Step 3: Estimation of net costs of the 8th measure
- Step 4: Comparison of costs and benefits
□ Estimation of effectiveness of the 8th measure
○We use the re-entry rates of juvenile schools in order to estimate the effectiveness of two measures.
○We find that the re-entry rate for the 8th measure is lower by 57% relative to the rate for the 9th measure.
○Given that the average number of re-offences of youth is 1.86, we find that when a youth is treated with the 8th measure rather than the 9th measure, the expected number of crime reduction per youth is 1.06 (0.57*1.86).
□ Estimation of benefits of the 8th measure
○We need to estimate the expected costs of juvenile crime per case in order to estimate the benefits of the 8th measure.
○We estimate the expected costs of juvenile crime per case to be 3,334,674 Won.
○We now multiply this to the previous expected number of crime reduction per youth (1.06) to get approximately 3,541,060 Won, which is the expected benefits of the 8th measure as an alternative to the 9th measure.
- This is the savings of resources from the perspectives of taxpayers when we treat a youth with the 8th measure rather than the 9th measure.
□ Estimation of net costs of the 8th measure
○In order to estimate the net operating costs of the 8th measure, we need to estimate the operating costs for each measure.
○The operating costs for the 8th measure is estimated to be 2,101,389 Won in 2008, while those for the 9th measure is estimated to be 11,845,044 Won in the same year.
○Hence, the net costs are -9,743,655 Won, which is negative because the 8th measure has a shorter incarceration and thus savings in resources.
□ Comparison of costs and benefits
○In conclusion, the net benefits of the 8th measure as an alternative to the 9th measure are estimated to be 13,284,715 Won.
○In order to estimate the net operating costs of the 8th measure, we need to estimate the operating costs for each measure.
○The operating costs for the 8th measure is estimated to be 2,101,389 Won in 2008, while those for the 9th measure is estimated to be 11,845,044 Won in the same year.
○Hence, the net costs are -9,743,655 Won, which is negative because the 8th measure has a shorter incarceration and thus savings in resources.
□ Comparison of costs and benefits
○In conclusion, the net benefits of the 8th measure as an alternative to the 9th measure are estimated to be 13,284,715 Won.
▣ CBA of Inmates Training Program
□ Purpose of the study and Methodology
○This study analyzes costs and benefits of inmates training program, which is an important correction program in Korea.
○Our analysis follows the methodology of Aos et al.(2001a) and entails the followings steps:
- Step 1: Estimation of effectiveness of the program
- Step 2: Estimation of benefits of the program
- Step 3: Estimation of costs of the program
- Step 4: Comparison of costs and benefits
□ Estimation of effectiveness of the program
○We use the re-entry rate of prison in order to estimate the effectiveness of inmates training program.
○We find that the re-entry rate for program participants is lower by 16.7% relative to that for non-participants, which is the effect size of the program.
○Depending on the assumptions of the number of the re-offences of inmates, we provide the expected numbers of crime reduction per inmate for two scenarios.
- Under Scenario 1, we assume that the number of the re-offences of inmates is one, in which case the expected number of crime reduction per inmate is 0.167.
- Under Scenario 2, we assume that the number of the re-offences of inmates is two, in which case the expected number of crime reduction per inmate is 0.334.
□ Estimation of benefits of the program
○Participation of the program leads to reduction of crimes, which results in savings of resources such as police, prosecution, correction and so on, which are the benefits of the program.
○Depending on two scenarios, we have estimated the benefits as follows:
- Under Scenario 1, the benefits of the program are 982,226 Won, while under
Scenario 2 the benefits are 1,964,452 Won.
□ Purpose of the study and Methodology
○This study analyzes costs and benefits of inmates training program, which is an important correction program in Korea.
○Our analysis follows the methodology of Aos et al.(2001a) and entails the followings steps:
- Step 1: Estimation of effectiveness of the program
- Step 2: Estimation of benefits of the program
- Step 3: Estimation of costs of the program
- Step 4: Comparison of costs and benefits
□ Estimation of effectiveness of the program
○We use the re-entry rate of prison in order to estimate the effectiveness of inmates training program.
○We find that the re-entry rate for program participants is lower by 16.7% relative to that for non-participants, which is the effect size of the program.
○Depending on the assumptions of the number of the re-offences of inmates, we provide the expected numbers of crime reduction per inmate for two scenarios.
- Under Scenario 1, we assume that the number of the re-offences of inmates is one, in which case the expected number of crime reduction per inmate is 0.167.
- Under Scenario 2, we assume that the number of the re-offences of inmates is two, in which case the expected number of crime reduction per inmate is 0.334.
□ Estimation of benefits of the program
○Participation of the program leads to reduction of crimes, which results in savings of resources such as police, prosecution, correction and so on, which are the benefits of the program.
○Depending on two scenarios, we have estimated the benefits as follows:
- Under Scenario 1, the benefits of the program are 982,226 Won, while under
Scenario 2 the benefits are 1,964,452 Won.
□ Estimation of costs of the program
○In order to estimate the operating costs for inmates training program, we utilize the budget and the number of participants of the program.
○In 2008, the budget totals about 3.7 million Won and the number of participants of the program records about 3,600.
○Hence, we find that the operating costs per participant are 1,027,778 Won.
□ Comparison of costs and benefits of the program
○Under Scenario 1, the net benefits are -45,552 Won, and the B/C ratio is 0.96.
○Under Scenario 2, the net benefits are 946,674 Won, and the B/C ratio is 1.91.
○In order to estimate the operating costs for inmates training program, we utilize the budget and the number of participants of the program.
○In 2008, the budget totals about 3.7 million Won and the number of participants of the program records about 3,600.
○Hence, we find that the operating costs per participant are 1,027,778 Won.
□ Comparison of costs and benefits of the program
○Under Scenario 1, the net benefits are -45,552 Won, and the B/C ratio is 0.96.
○Under Scenario 2, the net benefits are 946,674 Won, and the B/C ratio is 1.91.
▣ Implications
- This study examined economic assessment on criminal policy based on CBA. The study introduced basic concept of CBA, theoretical discussion and precedent studies at home and abroad, and showed the findings of four case studies in local.
- The purpose of economic assessment on criminal policy is to distribute rare resource effectively. In other words, economic analysis can decide upon justification of resource acquisition between criminal policy and other policies. The CBA was used the most among three analyses, that is to say, cost effectiveness analysis, cost efficiency analysis and CBA. This study examined CBA.
- Like other fields, CBA upon criminal policy was done in order of inspection of political purposes, definition of input, output, outcome and impact, quantifying of outcome and effects, money values of cost-benefit based on opportunity cost, estimating of either net benefit or B/C ratio, and political recommendations.
- To do CBA of criminal policy in accordance with the order above, theories and practical practice can be made by four: Firstly, the cost shall be estimated based on opportunity cost. The cost shall be estimated carefully considering high possibility of price distortion. Secondly, the cost shall be estimated by selecting either one between top-down and bottom-up cost estimation. In fact, both methods are used in a mixed way. Thirdly, topdown approach consists of revealed preference, stated preference approach, and satisfaction with life. The stated preference approach (in particular, contingent valuation method; CVM) is preferred the most. CVM is said to be representative method that estimates non-market value, and its use is increasing gradually. Fourthly, CBA shall test all of the results and effects that criminal policy produces. Moreover, 'comparing with the like' method can be used to estimate the political effects.
- The CBA on criminal policy was frequently done in the United States and the United Kingdom while CBA has not been done actively in Korea. This was because of shortage of material, analysis technique and professionals. However, according to most of the studies on foreign empirical cases, B/C ratio was found to exceed 1. These findings suggested that research direction of CBA was rather distorted. But using the CBA has been found to be fair and justified.
- This study examined criminal policy program 'and/or' system by CBA that the police, prosecutors' office, correctional service, and juvenile detention center employed. The cost bargain analysis was used to investigate drunken violence extraction program of the police focused on Chungbuk Provincial Police Agency, plea bargaining of prosecutors' office being introduced, vocational training program of correctional service, and the 8th juvenile provision of Juvenile Law of juvenile detention center. The findings were shown in [Table 7] below. Four programs and/or systems were found to have 1.0 or more of B/C ratio or positive net benefit. The findings of the case studies were as follow:
- Firstly, plea bargaining only did CBA (preliminary analysis) and remaining three programs were in progress (post analysis). Preliminary analysis informs either adoption or priority. while post analysis does continuous doing of the project and problems of project process. The findings were as follow: The benefit of plea bargaining was much larger than cost of the bargaining so that policy-making authority was recommended to adopt the bargaining. Remaining programs had one or more of cost-benefit ratio so that the project had better be kept continuously. If project that had completed preliminary analysis would be investigated by post analysis later, the findings would be very much valuable. This was because such studies were very much rare in the world.
- Secondly, the study investigated operating cost of program and/or system. Programs of the police, prison and juvenile detention center spent operating cost of the budget by being given material from each agency and/or organization. As mentioned before, cost of the budget was not social cost reflecting opportunity cost of the resources but accounting cost. However, existing material had great difficulty at estimation of not only accounting cost but also opportunity cost: Further studies shall supplement such a difficulty. Being different from three of previous studies, plea bargaining can estimate system operating cost in two types. The first type can forecast total cost that criminal justice agency shall bear at development of criminal justice process such as public servant crimes, drug crimes and investigation and judgment of false testimony. The second type can estimate cost that opponents may pay to prevent system from being introduced. Aggregation of both types of costs cannot estimate total costs, and benefit of each cost can estimate cost-benefit ratio. 92)
- Thirdly, programs and/or systems had benefit. The study examined crime types as well as number of the crimes in accordance with introduction of the system of all of the four cases to estimate reduction of social cost of the crime and to calculate benefit. The study calculated crime cost again(Park et al., 2010), and it estimated the cost of some of the crimes based on independent findings of individual crime. The study classified result cost of social cost of the crime (preventative cost, result cost and counteraction cost) into two types to estimate benefit. The result cost that was produced by physical and mental pains because criminal damage and loss was thought to be much more than other costs, for instance, property losses, productivity losses, victim supports and medical expenses(Park, 2010), and the cost was much likely to rely upon subjective judgment according to research team's judgment, and the benefit was estimated based on the classification. The analysis can be thought to be a kind of sensitive analysis. The analysis can show minimum value and maximum value of the benefit to supplement not only reliability of the analysis but also flexibility of decision-making. The analysis estimated benefit of both drunken violence program and plea bargaining by questionnaire survey either in the nation or in each region to find out payment amount.
- Lastly, the study described methodologies of case study as well as material collection process. CBA of both vocational training program and the 8th juvenile provision of Juvenile Law had similar type of foreign precedent studies to have no problem of methodologies. But both studies had great difficulty at obtaining material of both repeated imprisonment rate and repeated detention rate. The author was given positive help from agencies and/or organizations under the Ministry of Justice after plenty of discussion. IT specialists of each agency and/or organization worked during considerable time to inspect material one by one and to get necessary material. Such a fact evidenced that keeping of basic material would be very important to develop research of this area. Criminal policy agencies needed to diversify statistical data and to keep system in this area same as in other areas. On the other hand, plea bargaining system gave the author plenty of agony of the research. This was because the author could not get material because of almost no precedent study of local plea bargaining from point of view of the experience that was similar to foreign plea bargaining. Some of the studies did not meet direction of this study so that the author set cost-benefit item by using existing studies of law, economics, criminology and public administration, and estimated monetary values. The author attempted to develop methodology of drunken violence program of the police based on community policing theory. However, the author could not find out the good precedent studies so that he was forced to investigate according to current methodology after discussions with research team members.
- The findings of economy did not govern all of the values. Policy maker might make decision in a different way even at 1 of cost-benefit rate considering policy and/or politics. In a word, cost-benefit findings did not have influence upon all of decision-making. In particular, criminal policy service had features of public goods to be stronger than other areas. As the society can be healthy at coexistence of various kinds of philosophical values, so supply of public goods having great influence upon common people shall not adhere to philosophy of utilitarianism. Researchers need to research this area continuously to rationalize criminal policy process and its contents and to keep humble in a scientific way. In fact, exact CBA shall be a tool to judge the criminal policy in a reasonable way.
- Lastly, the study described methodologies of case study as well as material collection process. CBA of both vocational training program and the 8th juvenile provision of Juvenile Law had similar type of foreign precedent studies to have no problem of methodologies. But both studies had great difficulty at obtaining material of both repeated imprisonment rate and repeated detention rate. The author was given positive help from agencies and/or organizations under the Ministry of Justice after plenty of discussion. IT specialists of each agency and/or organization worked during considerable time to inspect material one by one and to get necessary material. Such a fact evidenced that keeping of basic material would be very important to develop research of this area. Criminal policy agencies needed to diversify statistical data and to keep system in this area same as in other areas. On the other hand, plea bargaining system gave the author plenty of agony of the research. This was because the author could not get material because of almost no precedent study of local plea bargaining from point of view of the experience that was similar to foreign plea bargaining. Some of the studies did not meet direction of this study so that the author set cost-benefit item by using existing studies of law, economics, criminology and public administration, and estimated monetary values. The author attempted to develop methodology of drunken violence program of the police based on community policing theory. However, the author could not find out the good precedent studies so that he was forced to investigate according to current methodology after discussions with research team members.
- The findings of economy did not govern all of the values. Policy maker might make decision in a different way even at 1 of cost-benefit rate considering policy and/or politics. In a word, cost-benefit findings did not have influence upon all of decision-making. In particular, criminal policy service had features of public goods to be stronger than other areas. As the society can be healthy at coexistence of various kinds of philosophical values, so supply of public goods having great influence upon common people shall not adhere to philosophy of utilitarianism. Researchers need to research this area continuously to rationalize criminal policy process and its contents and to keep humble in a scientific way. In fact, exact CBA shall be a tool to judge the criminal policy in a reasonable way.
92) Interesting findings were as follow: Number of opponent of plea bargaining was much less than that of supporters: The cost that opponent should pay to prevent the system from being introduced was much more. In fact, utilitarianism philosophy on which CBA is based has an assumption that the one who suffers losses and damages because of a system shall be compensated by beneficiary of the system. However, losses and damages have been rarely compensated. Even if plea bargaining is employed according to legal system, proper means and ways shall be made to lessen losses and damages of groups and/or classes as much as possible.
- This study examined economic assessment on criminal policy based on CBA. The study introduced basic concept of CBA, theoretical discussion and precedent studies at home and abroad, and showed the findings of four case studies in local.
- The purpose of economic assessment on criminal policy is to distribute rare resource effectively. In other words, economic analysis can decide upon justification of resource acquisition between criminal policy and other policies. The CBA was used the most among three analyses, that is to say, cost effectiveness analysis, cost efficiency analysis and CBA. This study examined CBA.
- Like other fields, CBA upon criminal policy was done in order of inspection of political purposes, definition of input, output, outcome and impact, quantifying of outcome and effects, money values of cost-benefit based on opportunity cost, estimating of either net benefit or B/C ratio, and political recommendations.
- To do CBA of criminal policy in accordance with the order above, theories and practical practice can be made by four: Firstly, the cost shall be estimated based on opportunity cost. The cost shall be estimated carefully considering high possibility of price distortion. Secondly, the cost shall be estimated by selecting either one between top-down and bottom-up cost estimation. In fact, both methods are used in a mixed way. Thirdly, topdown approach consists of revealed preference, stated preference approach, and satisfaction with life. The stated preference approach (in particular, contingent valuation method; CVM) is preferred the most. CVM is said to be representative method that estimates non-market value, and its use is increasing gradually. Fourthly, CBA shall test all of the results and effects that criminal policy produces. Moreover, 'comparing with the like' method can be used to estimate the political effects.
- The CBA on criminal policy was frequently done in the United States and the United Kingdom while CBA has not been done actively in Korea. This was because of shortage of material, analysis technique and professionals. However, according to most of the studies on foreign empirical cases, B/C ratio was found to exceed 1. These findings suggested that research direction of CBA was rather distorted. But using the CBA has been found to be fair and justified.
- This study examined criminal policy program 'and/or' system by CBA that the police, prosecutors' office, correctional service, and juvenile detention center employed. The cost bargain analysis was used to investigate drunken violence extraction program of the police focused on Chungbuk Provincial Police Agency, plea bargaining of prosecutors' office being introduced, vocational training program of correctional service, and the 8th juvenile provision of Juvenile Law of juvenile detention center. The findings were shown in [Table 7] below. Four programs and/or systems were found to have 1.0 or more of B/C ratio or positive net benefit. The findings of the case studies were as follow:
- Firstly, plea bargaining only did CBA (preliminary analysis) and remaining three programs were in progress (post analysis). Preliminary analysis informs either adoption or priority. while post analysis does continuous doing of the project and problems of project process. The findings were as follow: The benefit of plea bargaining was much larger than cost of the bargaining so that policy-making authority was recommended to adopt the bargaining. Remaining programs had one or more of cost-benefit ratio so that the project had better be kept continuously. If project that had completed preliminary analysis would be investigated by post analysis later, the findings would be very much valuable. This was because such studies were very much rare in the world.
- Secondly, the study investigated operating cost of program and/or system. Programs of the police, prison and juvenile detention center spent operating cost of the budget by being given material from each agency and/or organization. As mentioned before, cost of the budget was not social cost reflecting opportunity cost of the resources but accounting cost. However, existing material had great difficulty at estimation of not only accounting cost but also opportunity cost: Further studies shall supplement such a difficulty. Being different from three of previous studies, plea bargaining can estimate system operating cost in two types. The first type can forecast total cost that criminal justice agency shall bear at development of criminal justice process such as public servant crimes, drug crimes and investigation and judgment of false testimony. The second type can estimate cost that opponents may pay to prevent system from being introduced. Aggregation of both types of costs cannot estimate total costs, and benefit of each cost can estimate cost-benefit ratio. 92)
- Thirdly, programs and/or systems had benefit. The study examined crime types as well as number of the crimes in accordance with introduction of the system of all of the four cases to estimate reduction of social cost of the crime and to calculate benefit. The study calculated crime cost again(Park et al., 2010), and it estimated the cost of some of the crimes based on independent findings of individual crime. The study classified result cost of social cost of the crime (preventative cost, result cost and counteraction cost) into two types to estimate benefit. The result cost that was produced by physical and mental pains because criminal damage and loss was thought to be much more than other costs, for instance, property losses, productivity losses, victim supports and medical expenses(Park, 2010), and the cost was much likely to rely upon subjective judgment according to research team's judgment, and the benefit was estimated based on the classification. The analysis can be thought to be a kind of sensitive analysis. The analysis can show minimum value and maximum value of the benefit to supplement not only reliability of the analysis but also flexibility of decision-making. The analysis estimated benefit of both drunken violence program and plea bargaining by questionnaire survey either in the nation or in each region to find out payment amount.
- Lastly, the study described methodologies of case study as well as material collection process. CBA of both vocational training program and the 8th juvenile provision of Juvenile Law had similar type of foreign precedent studies to have no problem of methodologies. But both studies had great difficulty at obtaining material of both repeated imprisonment rate and repeated detention rate. The author was given positive help from agencies and/or organizations under the Ministry of Justice after plenty of discussion. IT specialists of each agency and/or organization worked during considerable time to inspect material one by one and to get necessary material. Such a fact evidenced that keeping of basic material would be very important to develop research of this area. Criminal policy agencies needed to diversify statistical data and to keep system in this area same as in other areas. On the other hand, plea bargaining system gave the author plenty of agony of the research. This was because the author could not get material because of almost no precedent study of local plea bargaining from point of view of the experience that was similar to foreign plea bargaining. Some of the studies did not meet direction of this study so that the author set cost-benefit item by using existing studies of law, economics, criminology and public administration, and estimated monetary values. The author attempted to develop methodology of drunken violence program of the police based on community policing theory. However, the author could not find out the good precedent studies so that he was forced to investigate according to current methodology after discussions with research team members.
- The findings of economy did not govern all of the values. Policy maker might make decision in a different way even at 1 of cost-benefit rate considering policy and/or politics. In a word, cost-benefit findings did not have influence upon all of decision-making. In particular, criminal policy service had features of public goods to be stronger than other areas. As the society can be healthy at coexistence of various kinds of philosophical values, so supply of public goods having great influence upon common people shall not adhere to philosophy of utilitarianism. Researchers need to research this area continuously to rationalize criminal policy process and its contents and to keep humble in a scientific way. In fact, exact CBA shall be a tool to judge the criminal policy in a reasonable way.
- Lastly, the study described methodologies of case study as well as material collection process. CBA of both vocational training program and the 8th juvenile provision of Juvenile Law had similar type of foreign precedent studies to have no problem of methodologies. But both studies had great difficulty at obtaining material of both repeated imprisonment rate and repeated detention rate. The author was given positive help from agencies and/or organizations under the Ministry of Justice after plenty of discussion. IT specialists of each agency and/or organization worked during considerable time to inspect material one by one and to get necessary material. Such a fact evidenced that keeping of basic material would be very important to develop research of this area. Criminal policy agencies needed to diversify statistical data and to keep system in this area same as in other areas. On the other hand, plea bargaining system gave the author plenty of agony of the research. This was because the author could not get material because of almost no precedent study of local plea bargaining from point of view of the experience that was similar to foreign plea bargaining. Some of the studies did not meet direction of this study so that the author set cost-benefit item by using existing studies of law, economics, criminology and public administration, and estimated monetary values. The author attempted to develop methodology of drunken violence program of the police based on community policing theory. However, the author could not find out the good precedent studies so that he was forced to investigate according to current methodology after discussions with research team members.
- The findings of economy did not govern all of the values. Policy maker might make decision in a different way even at 1 of cost-benefit rate considering policy and/or politics. In a word, cost-benefit findings did not have influence upon all of decision-making. In particular, criminal policy service had features of public goods to be stronger than other areas. As the society can be healthy at coexistence of various kinds of philosophical values, so supply of public goods having great influence upon common people shall not adhere to philosophy of utilitarianism. Researchers need to research this area continuously to rationalize criminal policy process and its contents and to keep humble in a scientific way. In fact, exact CBA shall be a tool to judge the criminal policy in a reasonable way.
92) Interesting findings were as follow: Number of opponent of plea bargaining was much less than that of supporters: The cost that opponent should pay to prevent the system from being introduced was much more. In fact, utilitarianism philosophy on which CBA is based has an assumption that the one who suffers losses and damages because of a system shall be compensated by beneficiary of the system. However, losses and damages have been rarely compensated. Even if plea bargaining is employed according to legal system, proper means and ways shall be made to lessen losses and damages of groups and/or classes as much as possible.
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