
chapter seven • the theory of consumer choice 169
Through extension, the theory
of rational consumer behaviour
provides some useful insights on
criminal behaviour. Both the law-
ful consumer and the criminal try
to maximize their total utility (or
net benefit). For example, you
can remove a textbook from the
campus bookstore either by pur-
chasing it or stealing it. If you buy
the book, your action is legal; you
have fully compensated the book-
store for the product. (The book-
store would rather have your
money than the book.) If you
steal the book, you have broken
the law. Theft is outlawed be-
cause it imposes uncompensated
costs on others. In this case, your
action reduces the bookstore’s
revenue and profit and also may
impose costs on other buyers
who now must pay higher prices
for their textbooks.
Why might someone engage
in criminal activity such as steal-
ing? Just like the consumer who
compares the marginal utility of
a good with its price, the poten-
tial criminal compares the mar-
ginal benefit from an action with
the price or cost. If the marginal
benefit (to the criminal) exceeds
the price or marginal cost (also
to the criminal), the individual
undertakes the criminal activity.
Most people, however, do not
engage in theft, burglary, or
fraud. Why not? The answer is
that they perceive the personal
price of engaging in these illegal
activities to be too high relative
to the marginal benefit. That price
or marginal cost to the potential
criminal has several facets. First,
there are the guilt costs, which
for many people are substantial.
Such individuals would not steal
from others even if there were no
penalties for doing so; their moral
sense of right and wrong would
entail too great a guilt cost rela-
tive to the benefit from the stolen
good. Other types of costs in-
clude the direct costs of the crim-
inal activity (supplies and tools)
and the forgone income from le-
gitimate activities (the opportu-
nity cost to the criminal).
Unfortunately, guilt costs, di-
rect costs, and forgone income
are not sufficient to deter some
people from stealing. So society
imposes other costs, mainly fines
and imprisonment, on lawbreak-
ers. The potential of being fined
increases the marginal cost to the
criminal. The potential of being
imprisoned boosts marginal cost
still further. Most people highly
value their personal freedom and
lose considerable legitimate earn-
ings while incarcerated.
Given these types of costs, the
potential criminal estimates the
marginal cost and benefit of com-
mitting the crime. As a simple ex-
ample, suppose that the direct
cost and opportunity cost of steal-
ing an $80 textbook are both zero.
The probability of getting caught
is 10 percent, and, if appre-
hended, there will be a $500 fine.
The potential criminal will esti-
mate the marginal cost of stealing
the book as $50 (= $500 fine × .10
chance of apprehension). Some-
one who has guilt costs of zero
will choose to steal the book be-
cause the marginal benefit of $80
will exceed the marginal cost of
$50. In contrast, someone having
a guilt cost of, say, $40, will not
steal the book. The marginal ben-
efit of $80 will not be as great as
the marginal cost of $90 (= $50 of
penalty cost + $40 of guilt cost).
This perspective on illegal be-
haviour has some interesting
implications. For example, other
things equal, crime will rise
(more of it will be bought) when
its price falls. This explains, for
instance, why some people who
do not steal from stores under
normal circumstances partici-
pate in looting stores during
riots, when the marginal cost
of being apprehended declines
substantially.
Another implication is that
society can reduce unlawful be-
haviour by increasing the price
of crime. It can nourish and in-
crease guilt costs through fam-
ily, educational, and religious ef-
forts. It can increase the direct
costs of crime by using more
sophisticated security systems
(locks, alarms, video surveil-
lance) so that criminals will have
to buy and use more sophisti-
cated tools. It can undertake ed-
ucation and training initiatives
to enhance the legitimate earn-
ings of people who might other-
wise engage in illegal activity.
It can increase policing to raise
the probability of being appre-
hended for crime, and it can im-
pose greater penalties for those
who are caught and convicted.
CRIMINAL BEHAVIOUR
Although economic analysis is not particularly relevant in
explaining some crimes of passions and violence (for example,
murder and rape), it does provide interesting insights on
such property crimes as robbery, burglary, and auto theft.