The Rationality of Crime



The Rationality of CrimeBenefit to Cost Calculations per CountryWithin the field of criminology, the definition of rational choice theory is that a person is a reasoning actor, who will weigh the potential costs and benefits of the crime before making a rational choice of whether to commit the crime or not. Based on this definition, if a person then chooses to engage in criminal activity or commit a criminal act, it must be with the thought that the potential benefits outweigh the potential risks of the crime. Therefore, when analyzing the benefit to cost ratio of sex trafficking and cocaine trafficking in the United States, Ireland, Australia, and the United Kingdom, we should find that the crime with a higher benefit to cost ratio will be more prevalent in a country than the crime with a lower benefit to cost ratio.For the purposes of this thesis, the benefit to cost ratio of sex trafficking and cocaine trafficking for each country will be calculated the following way; the net profits of trafficking one kilogram of cocaine or one person will be divided by the length of both the maximum prison sentence as well as the actual prison sentences handed down for the crime, in order to determine the maximum and actual benefit to cost ratios in the form of US dollars per prison year. The benefit to cost ratio is negatively correlated to the length of the prison sentence, therefore the lower the prison sentence, the higher the benefit to cost ratio.United StatesIn the United States, the estimated net profit per trafficked person is $2,400. Section 1590 of the Chapter 77 of Title 18 Part I of the United States Federal Code states that if a person trafficks another person that is over the age of 18 into the United States, the maximum prison sentence that the trafficker can receive is 20 years. Additionally, if the trafficked person is under the age of 18 but over the age of 14, then he will be subject to a minimum prison term of 10 years. The table below details the benefit to cost ratio for trafficking an adult and a child for the purposes of sexual exploitation as well as the prison sentences received for such trafficking.TypeDescriptionLength of Prison TermBenefit to Cost RatioLawSection 1590 Chapter 77 of Title 18 Part I of the United States Federal CodeMaximum prison sentence 20 yearsAt least $120 per prison yearLawSection 1593 Chapter 77 of Title 18 Part I of the United States Federal CodeMinimum prison sentence 10 yearsAt most $240 per prison yearCaseSex Trafficking of two 14 year old girls25.8 years$93 per prison yearCaseSex Trafficking of a 17 year old girl9 years$267 per prison yearCaseSex Trafficking of 10 victims40 years$600 per prison yearTable 6 - Prison Sentences and Benefit to Cost Ratio for Sex Trafficking in the United StatesIn 2008, the retail price of one kilogram of cocaine was $120,000 in the United States. The wholesale price of one kilogram of cocaine was $26,500, resulting in a net profit of $93,500. If a person possesses drugs with the intent to supply, then under Section 841 of Part D of Subsection I of Chapter 13 of Title 21 of the United States Federal Code, the person will be subject to a minimum of 5 years in prison and a maximum of 40 years in prison. The table below details the benefit to cost ratio for trafficking cocaine as well as the prison sentences received for such trafficking.Table 7 - Prison Sentences and Benefit to Cost Ratio for Cocaine Trafficking in the United StatesTypeDescriptionLength of Prison TermBenefit to Cost RatioLawSection 841 of Part D of Subsection I of Chapter 13 of Title 21 of the United States Federal CodeMinimum of 5 yearsMaximum of 40 yearsAt least $2,338 per prison yearAt most, $18,700 per prison yearCasePossession of 500 grams of cocaine with the intent to distribute5 years$9,350 per prison yearCaseConspiracy to Traffic Cocaine10 years$0 per prison yearCaseConspiracy to Distribute 5 kilograms of cocaine in 5 year time spanLife in prisonFather – $46,750 per prison year.Son – $12,303 per prison yearIrelandIn Ireland, a trafficker can make a net profit of $58,750 if they traffic a victim from West Africa. Section 4 of the Criminal Law (Human Trafficking) Act 2008 states that any person who trafficks another person and deceives the trafficked person will be subject to a maximum prison term of life. Prisoners in Ireland that receive life sentences are first reviewed after seven years of sentencing for the possibility of parole and are continually reviewed after that. The Minister of Justice and Equality has the final decision on whether the life sentenced prisoner is released, and out of all the life sentenced prisoners that have been released, the average time served in prison is 12 years. The table below details the benefit to cost ratio for trafficking an adult and a child for the purposes of sexual exploitation as well as the prison sentences received for such trafficking.TypeDescriptionLength of Prison TermBenefit to Cost RatioLawCriminal Law (Human Trafficking) Act of 2008Life in prison$4,896 per prison yearLawChild Trafficking and Pornography Act of 1998Life in Prison for Sexual ExploitationMaximum of 14 years for PornographyMinimum $4,896 per prison year for Sexual ExploitationMinimum $4,196 per prison year for PornographyCaseRecruiting and Trafficking a Minor3 year suspended sentenceBenefit to Cost Ratio cannot be calculated as the defendant was not sentenced to time in prisonCaseRecruitment and trafficking of a minor for the purposes of sexual exploitation and production of child pornography10 years$5,875 per prison yearCaseIncitement of trafficking a minor for sexual exploitation, and incitement to the possession of child pornography6 years$9,792 per prison yearTable 8 - Prison Sentences and Benefit to Cost Ratio for Sex Trafficking in IrelandIn 2008, the wholesale price of one kilogram of 70% pure cocaine was $44,000. In comparison, the retail price of one kilogram of 70% pure cocaine was $481,000, resulting in a net profit of $437,000. Under the Criminal Justice Act of 1999, if a person is in possession of narcotics with the intent to distribute and the narcotics are worth ?10,000 or more, then the person will have to serve a minimum prison term of 10 years and a maximum prison term of life. The benefit to cost ratio for trafficking drugs is then between $43,700 and $36,417 per prison year.TypeDescriptionLength of Prison TermBenefit to Cost RatioLawCriminal Justice Act of 1999Minimum of 10 yearsMaximum of Life in PrisonAt least $36,417 per prison yearAt most, $43,700 per prison yearCasePossession of ?18,500 worth of cannabis5 years, last 2 years to be suspended$109 per prison yearCasePossession of ?570,000 worth of heroin7 years$132,681 per prison yearCasePossession of €70,000 ($100,650) worth of cocaine10 years$10,065 per prison yearTable 9 - Prison Sentences and Benefit to Cost Ratio for Cocaine Trafficking in IrelandAustraliaEstimates from Project Respect as well as a Parliamentary research paper indicate that the net profit that a trafficker receives for trafficking a victim into Australia is approximately $39,715. Section 271.2 of Chapter 8 of the Criminal Code Act of 1995 states that any person who trafficks another into Australia for the purposes of sexual exploitation will receive a maximum prison term of 12 years. Section 271.3 of the same Act states that if the trafficker treats the victim cruelly or puts the victim in danger then the trafficker will receive up to 20 years in prison if convicted. Table 10 - Prison Sentences and Benefit to Cost Ratio for Sex Trafficking in AustraliaTypeDescriptionLength of Prison TermBenefit to Cost RatioLawSection 271.2 of Chapter 8 of the Criminal Code Act of 1995Maximum 12 years for Sex TraffickingMaximum 20 years if victim was treated cruellyMinimum $3,310 per prison year for Sex TraffickingMinimum $1,986 per prison year if while trafficked, the victim is treated cruellyCaseSex Trafficking of 6 womenMale – 12 yearsFemale – 11 yearsMale - $19,858 per prison yearFemale - $21,663 per prison yearCasePurchase of 5 slaves10 years$19,858 per prison yearUsing the UNODC estimates in 2007, the retail price of one kilogram of cocaine in Australia was $297,000 while the wholesale price of one kilogram of cocaine was $153,000. Therefore, the net profit received from one kilogram of cocaine is $144,000. According to the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act of 1990, if a person is in possession of 2 kilograms or more of narcotics with the intent to supply, then the person will be subject to life imprisonment. If the person is in possession of less than 2 kilograms of narcotics but greater than 2 grams of narcotics, the person will be subject to a maximum prison term of 25 years. A 1975 study of life sentences in Australia by Freiberg and Biles concluded that the average time served by a person sentenced to life in prison between 1940 and 1974 was 13 years and 7 months. Another study conducted in New South Wales between 1981 and 1987 concluded that the average length of time served by a lifer in New South Wales was 11.7 years. The table below details the benefit to cost ratio for cocaine trafficking as well as the prison sentences received for such trafficking.Table 11 - Prison Sentences and Benefit to Cost Ratio for Cocaine Trafficking in AustraliaTypeDescriptionLength of Prison TermBenefit to Cost RatioLawCrimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act of 19902+ kilograms of cocaine – Life in Prison2 grams to 2 kilograms of cocaine – 25 years Minimum $5,760 per prison year for trafficking 1 kilogramEstimated $21,203 per prison year for trafficking 2 kilogramsNewsAverage non parole term for trafficking under 2 kilograms of cocaine2.5 years$57,600 per prison year for trafficking 1 kilogramNewsAverage non parole term for trafficking over 2 kilograms of cocaine4.5 years$64,000 per prison year for trafficking 2 kilogramsCaseTrafficking 563 grams of cocaine and 564 grams of methylamphetamine4.75 years$17,068 per prison yearUnited KingdomIn the United Kingdom, it is estimated that when a trafficker sells the victim to a brothel, the trafficker receives a net total profit of $75,917. Section 57 of the Sexual Offenses Act of 2003 states that a trafficker faces a maximum prison term of 14 years if he is convicted on an indictment. However if the trafficker whereas is convicted on a summary conviction, then the trafficker faces a maximum of 12 months in prison. TypeDescriptionLength of Prison TermBenefit to Cost RatioLawSection 57 of the Sexual Offenses Act of 2003Summary Conviction – 12 monthsIndictment conviction – 14 yearsSummary Conviction - $75,917 per prison yearIndictment Conviction - $5,423 per prison yearCaseHuman traffickingAverage prison sentence length is 4.69 years$16,187 per prison yearTable 12 - Prison Sentences and Benefit to Cost Ratio for Sex Trafficking in the United KingdomThe wholesale price of one kilogram of cocaine in the United Kingdom is $65,000 while one kilogram of cocaine sells for $170,000 retail. The net profit that a trafficker receives from selling a kilogram of cocaine then is $105,000. The Misuse of Drugs Act of 1971 states that possessing a Class A narcotic with the intent to supply is punishable by a maximum prison term of life in prison. According to the Criminal Justice Act of 2003 Schedule 21, if a person over the age of 18 committed a crime that is punishable by life imprisonment and the crime was not murder, then the minimum time that the person must serve is 15 years. However, a 2006 BBC article found that mandatory lifers, such as murderers, serve an average of 14 years in prison while the average length of time served for other prisoners who have received a life sentence has been declining and in 2006, was 9 years. Table 13 – Prison Sentences and Benefit to Cost Ratio for Cocaine Trafficking in the United KingdomTypeDescriptionLength of Prison TermBenefit to Cost RatioLawMisuse of Drugs Act of 1971Life in Prison(Minimum 15 years, Average 9 years)$11,667 per prison yearCaseConspiracy to supply cocaine16 yearsUnknownCaseAttempt to import 255 kilograms of cocaine3 men – 24 years each1 man – 18 years1 man – 14 years3 men – $1,115,625 per prison year1 man – $1,487,500 per prison year1 man – $1,912,500 per prison yearCaseTrafficking millions of ? worth of cocaine24 yearsUnknownTrends AnalysisReviewing the data found in the four case studies of the United States, Ireland, Australia, and the United Kingdom, a number of trends emerge. Figures 16 and 17 display the benefit to cost ratios in the four countries using the sentences set by the law. Figures 18 and 19 display the benefit to cost ratios in the four countries using the prison sentences handed down in the cases. The laws and cases are as described in Tables 6 through 13.Figure 16 - Benefit to Cost Ratios of Sex Trafficking by Country and its LawsFigure 17 - Benefit to Cost Ratios of Cocaine Trafficking by Country and its LawsFigure 18 - Benefit to Cost Ratios of Sex Trafficking by Country and its CasesFigure 19 - Benefit to Cost Ratios of Cocaine Trafficking by Country and its CasesIn every country, cocaine trafficking has a higher benefit to cost ratio when compared to the benefit to cost ratio for human trafficking, both when using the lengths of prison terms allotted by the law, as well as the actual prison terms received for the crimes. By law, the United States and Australia have the lowest benefit to cost ratio for human trafficking, while the United Kingdom and Australia have the lowest benefit to cost ratio for cocaine trafficking. Additionally, by law Ireland has the highest benefit to cost ratio for cocaine trafficking and second highest benefit to cost ratio for human trafficking, while the United Kingdom has the highest benefit to cost ratio for human trafficking. It must be noted that the benefit to cost ratio for human trafficking in the United States is much lower than in the other three countries surveyed. This may be due to a lack of information on the status of human trafficking in the United States. Human Trafficking as an Underreported CrimeThere is some uncertainty regarding the number of persons trafficked into the four case study countries. A 2006 report on “Estimating Human Trafficking into the United States: Development of a Methodology” listed a number of reasons as to why there are numerous challenges to obtain an accurate estimate of the number of persons trafficked annually. One of the reasons is that some countries may not have adequate legislation to try human trafficking cases and witnesses may be unwilling to come forward or testify. Due to the stress associated with being trafficked, victims at times may be unable to remember information accurately. Another possible reason is that countries and even agencies within the countries may be unwilling to share data on human trafficking. Such was the case with United States Immigration and Customs Enforcement who had data but it was unavailable to researchers. Researchers at the Australian Institute of Criminology stated in 2010 that there is a large inconsistency between the number of human trafficking cases that are in the Australian Justice System and the actual number of crimes that are committed against vulnerable migrants. One of the reasons that this is occurring is because the victim are afraid to go to the police because of possible retaliation from their employers or traffickers. Another reason is that the employers or organized crime groups can exploit people in such a way that will be difficult to prove in the court system. Many of the victims enter Australia legally but are then exploited after their arrival, making human trafficking prosecutions rare. ................
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