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Towards a More Harmonized, Rational and Humane Criminal (Justice)

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Towards a More Harmonized, Rational and Humane Criminal (Justice) Ruhr-Universität Bochum (RUB) Faculty of Social Sciences Dissertation COST OF CRIME TOWARDS A MORE HARMONIZED, RATIONAL AND HUMANE CRIMINAL (JUSTICE) POLICY IN GERMANY A scientific inventory of cost of crime research and practice, and the implications of comprehensive estimates for guidance in decision- making by Caroline Lieselotte von der Heyden (Dr. rer. soc.) M.Sc. in Criminology and Criminal Justice, University of Edinburgh B.Sc. in Economics, University of Maastricht First supervisor: Professor Dr. iur. Thomas Feltes Second supervisor: Prof. Dr. iur. Stefan Magen Date of submission: 10. August 2015 Date of the oral exam: 25. May 2016 Table of content List of tables ................................................................................................................................. III List of figures .............................................................................................................................. IV Abbreviations ................................................................................................................................ V 1. Introduction ............................................................................................................................. 1 2. Relevance and need: Introducing cost of crime as a new practical indicator for understanding and approaching the ‘problem’ of crime .............................................................. 11 2.1. Quantifying the impacts and effects of crime ................................................................ 15 2.1.1. Limitations in crime measurement practices in Germany ...................................... 17 2.1.2. Influential socio-economic determinants ................................................................ 22 2.2. Monetizing the costs of crime ....................................................................................... 25 2.2.1. Conventional burden of crime estimates in Germany ........................................... 27 2.2.2. Foundational estimation methodologies ................................................................ 29 2.2.3. CBA entering criminal justice ............................................................................... 32 2.3. Interim findings: Cost of crime as a new indicator ....................................................... 36 3. Developments in the cost of crime approach ........................................................................ 39 3.1. Anglo-Saxon research and practice .............................................................................. 44 3.1.1. Aggregate burden of crime ..................................................................................... 49 3.1.2. Costs of specific offense types ................................................................................ 54 3.1.3. CBA (and CEA) of alternative crime control policies ............................................ 60 3.1.4. Costs of criminal careers ......................................................................................... 65 3.1.5. Costs of crime in sustainable progress indices ....................................................... 68 3.2. Prevalence of the cost of crime approach in Germany and other countries .................. 72 3.2.1. Research and practice in other countries (overview) ............................................. 73 3.2.2. Research and best-practices in Germany ............................................................... 77 3.3 Interim findings: Developments and goals of the cost of crime approach .................... 82 4. EU initiatives to promote a more profound body of knowledge on the costs of crime and effectiveness / efficiency in criminal justice ................................................................................ 85 4.1 MMECC model: Taxonomy of crime cost categories ................................................... 87 4.1.1. Costs in anticipation of crime ................................................................................. 89 4.1.2. Costs as a consequence of crime ............................................................................. 94 4.1.3. Costs in response to crime .................................................................................... 100 I 4.2 CBA as a horizontal recommendation for policy analysis ........................................... 108 4.3 Interim findings: European cost of crime assessment model and CBA ....................... 112 5. Implications for actual criminal policy ............................................................................... 114 5.1 CBA (different members of the society) and crime prevention ................................... 118 5.1.1. Taxpayers (or government perspective) ................................................................ 125 5.1.2. Crime victims (and potential victims) ................................................................... 127 5.1.3. Offenders (or program participants) ..................................................................... 128 5.1.4. Overall society ...................................................................................................... 130 5.2 Rational criminal policy as a basic goal for society and as a future task ..................... 132 5.2.1. Critical state of criminal policy in Germany ........................................................ 136 5.2.2. Economization of crime prevention ..................................................................... 139 5.2.3. Demand for an applied-oriented framework ........................................................ 146 5.3 Interim findings: Political implications of the cost of crime approach ........................ 152 6. Recommendations to enhance the generation of cost of crime figures in Germany .......... 154 6.1 Address crime data limitations accordingly ................................................................. 154 6.2 Adapt standardized framework (MMECC) ................................................................. 155 6.3 Foster development of required skills .......................................................................... 156 7. Final remarks ...................................................................................................................... 159 References .................................................................................................................................. 161 Appendices (MMECC project) .................................................................................................. 191 Appendix A: Cost of crime terminologies ............................................................................. 191 Appendix B: Suggested methodologies and formulas ........................................................... 196 Appendix C: Idealized template ............................................................................................. 209 Appendix D: Data audit (manual) .......................................................................................... 211 Appendix E: Results of the practice survey ........................................................................... 218 II List of tables Table 1 BKA burden of crime estimates based on PCS in Germany (2011-2013) 28 Table 2 Cost of crime research and practice in the Anglo-Saxon countries 48 Table 3 Aggregate costs of crime as a percentage of GDP in the Anglo-Saxon 52 countries Table 4 Country comparison (Australia, New Zealand, United States, United 58 Kingdom) of comprehensive study estimates Table 5 Country specific CBA guidelines 64 Table 6 Costs of a criminal career - "Life of Jack's troubled career: the costs to 67 society of a young person in trouble" (2001) Table 7 Assessment of Baltimore City GPI contributions 1980-2005 70 Table 8 Costs in anticipation of crime: Principle cost categories in the MMECC 89 model Table 9 Costs as a consequence of crime: Principle cost categories in the MMECC 95 model Table 10 Costs in response to crime: Principle cost categories in the MMECC model 104 Table 11 Crime prevention strategies and feasible fields for CBA application 123 Table 12 Impacts on MMECC cost categories relevant to taxpayers 126 Table 13 Evidence-based options to reduce crime in Washington State (WSIPP): 127 Benefits and costs by perspective Table 14 Impacts on MMECC cost categories relevant to victims 128 Table 15 Impacts on MMECC cost categories relevant to the offender 129 Table 16 Impacts on MMECC cost categories relevant to society 131 Table 17 Taxonomy of crime cost category 1 (Appendix B) 196 Table 18 Taxonomy of crime cost category 2 (Appendix B) 198 Table 19 Taxonomy of crime cost category 3 (Appendix B) 202 III List of figures Figure 1 Review of the criminal law enforcement process in Germany (2009) 18 Figure 2 Value of complementary crime victimization studies 20 Figure 3 Comparing estimated changes in the German PCS crime rates in 21 comparison to estimated changes by the population (1993-2003) Figure 4 Costs of crime in Australia (2005) 55 Figure 5 Cost of crime in Australia (2011) 56 Figure 6 GDP and GPI in Maryland, Vermont and Ohio (1950-2010) 70 Figure 7 CJS costs by offense type in the Netherlands (2006) 76 Figure 8 Costs of inadequate education and crime in Germany (2009) 79 Figure 9 Impacts of criminal justice policies on different members in society 120 Figure 10 Factors influencing risks of crime and violence 121 Figure 11 Rationalization of criminal policy with comprehensive cost of crime 134 Figure 12 Costs
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