Académique Documents
Professionnel Documents
Culture Documents
Contenido
Introducción
1. The Penitentiary System: Characteristics and Management
2. Econometric Models
3. Methodology
4. Results
5. Conclusions
References
Annex 1
ABSTRACT:
Objective: This research paper aims to establish a comparative study of penitentiary systems in
Chile, Spain and the UK. It aims are threefold: i) to determine the socio-economic investment in
prisons in the aforesaid countries; ii) to evaluate the socio-economic gaps that exist between Chile,
Spain and the UK in the field of prison management; and iii) to evaluate what the most significant
references or benchmarks are for prison management in the three countries mentioned in this
study. The paper establishes Chile as the basis of this comparison (It is also the least developed
country within this group- according to the OECD). The nine –year study period is set within the
context of important changes within two of the key countries in this study. For Chile, the context
is the penal process reform; for Spain, the context is the penal system itself. For the UK, however,
it looks more at the legal and structural systems (which remained fairly constant during the nine-
year period).
Design/methodology/focus: The methodological design is descriptive. For this study, we
reviewed secondary sources such as reports, online digital archives, academic papers, as well as
prison studies.
Conclusions: The results of this study indicate that Chile reduced its economic gap (in terms of
inmate numbers) by 49%, that is, when comparing its figures with Spain. Conversely, the
economic gap between Chile and the UK was calculated at 11%. The period of study for this paper
comprises nine years, i.e. from 2000-2008. The study shows that there was an investment per
capita of $2. 89 more per inmate compared with the figures for Spain. On the other hand, the
figure for the UK was $36.41 higher than the figure for Chile. Notwithstanding, prison investment
in Chile and Spain is still somewhat ineffective, especially when we evaluate the current situation
in light of other more complex themes such as the management of inmates' reinsertion into
society. Our findings conclude that the UK serves as an important benchmark/case study to be
emulated in other countries, especially for the long-term management of prisons. Our study
likewise suggests that Chile should maintain a healthy and stable economic gap within this field,
that is, when we compare its figures with Spain. On the other hand, Chile requires a more
moderate socio-economic gap in prison management when we compare its prison figures with
those of the UK. For this reason, it is important to establish a new course of action which
incorporates better leadership in the knowledge management of penitentiary institutions, and
where there is a greater social emphasis.
Limitations – implications of the research: The penitentiary benefits examined in the three
countries in this study are not immediately visible seeing that the social reinsertion mechanisms
are seen as being somewhat superfluous, and/or ineffective in the long-run. The latter is due to
certain practices in penal laws that are being used today in a number of case studies, and also
because of the time frames of when the new penal reforms and regulations are being implemented.
Furthermore, there is a lack of data concerning variables such as the quality of investment and the
rate of investment (%), both of which tend to limit the scope of our research.
Practical implications of the study: As there are some issues that have not been dealt with in this
study in detail, it would be necessary to carry out further comparative studies – for example
measuring penitentiary efficiency in Chile over varying time frames and under different socio-
economic conditions. After conducting an analysis of some key variables, however, it was
considered pertinent to replicate some of these variables in other countries such as Brazil, where
there exists a similar penitentiary system to the one(s) described in this study. Furthermore, after
considering additional variables such as earnings and unemployment figures, and after witnessing
the expansion of these types of studies in other regions in Latin America, it was deemed pertinent
to enhance both the measurement of prison management statistics and the quality of prison/inmate
management.
Originality/value: This research paper provides information and data that were not previously
known about the penitentiary system in three selected countries. What is more, it serves as a useful
comparative study of prison statistics in Chile, Spain, and the UK. Finally, it establishes an
important point benchmark (the UK case study), which could be successfully emulated by other
countries as a socio-economic investment model.
Key words: Economic valuation, penitentiary management, economic gap, public services.
Introduction
The objective of this research paper is to compare the management of three prison institutions
within the same sector of social investment, but which are also engaged in different macro
territories. It examines the Penitentiary Service of Chile and its counterparts in Spain and the United
Kingdom. Certain structural variables from each of the three countries have been considered, such
as the evolutionary economic background of Public Services during the years (2000- 2008), as well
as the pertinent background details of the countries that comprise the Organization for Economic
Cooperation and Development (OECD).
The penitentiary organizations or systems that are mentioned in this study possess similar structural
characteristics and seek the same objective, or mission, which is to guarantee the effective
implementation of preventative detention, and to develop inmate assistance programs that reduce
the likelihood of re-offending. Although this appears to be a simple task, the nature of human
capital implies that this is also an activity that is immensely complex. Indeed, one could go as far as
to say that it may even be socially questionable seeing that many prisons represent the last course of
action in administering justice in any given society.
Spain, England and Chile are countries with common cultural foundations, as well as similar legal
and penal systems. In this regard, it could be said that these countries possess a vast body of legal
information concerning the types of crimes or criminal offenses that occur within a given society.
On the other hand, there is a certain homogeneity with regard to the occurrence of specific crimes.
For example, their legal courts seldom deal with crimes such as people trafficking- i.e. to the same
extent as other parts of the world. Neither is there extreme prejudice against women such as that
which occurs in the Middle East. Nor is there child exploitation like in Africa and India. Nor is there
the same level of sex trafficking as in other countries (Thailand, Colombia, Mexico), or
kidnappings, of terrorist acts, or drug trafficking . Within the different categories of crime that are
listed in this study, we noted that there are some important similarities. Hence the reason why there
is a certain level of homogeneity among them. For example, in Chile as well as in Spain and the
UK, the types of crime that is most worrying and the most frequent is theft (assault or burglary,
which is accompanied with or without violence), vandalism, vehicle theft, drug trafficking, petty
theft, driving under the influence of alcohol, swindling or fraud, among others.
With these similarities and differences in mind, this study aims to compare the three countries cited
earlier (Chile, Spain and the UK), and their respective social economic investment. In this way, we
can obtain an evaluation that will help us to better understand the phenomena that influence prison
management. In this regard, economic practice is viewed in terms of financial and social
investment, that is, it looks at how money is spent and whether social investment can be justified or
not. The objective, then, is to provide a review of that which occurs in other Ibero-American
countries and to highlight both commonalities and differences -i.e. with the ultimate goal of
shedding light on the state of the art in this field.
This study begins by looking at the general context of the research. It provides the characteristics of
various penitentiary systems in different prisons. This is followed by an analysis of the objectives
and the methodologies that are used. After that there is a comparative-quantitative analysis of the
selected variables. Finally, there are conclusions based on the results that have been obtained.
2. Econometric Models
While reviewing the material, we observed a number of case studies concerning the economic
analysis of crime. Upon reading these studies, it was possible to locate an optimum point, i.e. where
we could measure the applicable economic techniques with real occurrences of crimes. Here, it was
possible to apply the theories and the techniques proposed by the Nobel Prize winner, Gary Becker
(1968). Becker's studies, which were at the time very advanced for his era, help us to understand the
complexity of penitentiaries in different areas. For example, we can determine the number of crimes
that are committed within a said community (depending on the external variables), and how these
crimes would reflect the current situation within penitentiaries, i.e. from the point of view of the
number of inmates, the classification of inmates, associative costs, and types of prisons, etc.
Becker (1968) argues that a criminal is a normal person 'like everyone else', and he or she assumes
individual and rational behavior. In this regard, the economic theory of crime takes into
consideration illicit behavior by means of a process of rational selection. For this reason, the
economic agents – who are potential law breakers – value the expected costs and benefits of
alternative courses of action according to a pre-determined usage function. (Bandres y Diez-Ticio,
2001).
In general, the tested model creates a decision analysis of the individual, which is founded on the
distribution of time between legal and illegal activities. In this way, legal activity generates some
positive performance, which will depend on the amount of time that is dedicated to it, and also the
illegal activity of other positive performances, but this will depend on whether one of the possible
states have occurred, i.e. 'of being or not being detained' (Ehrlich, 1972).
According to Martin and Navarro (2007), economic models occur as a result of considering the
'maximizing behavior of the criminal' (their income, the usage of these funds, and the overall well-
being of the individual), stable preferences, unbiased expectations, that is, accepting the notion
that there are no differences between the subjective evaluation of probabilities on behalf of the
criminal and those that are real probabilities. Furthermore, there exists a market equilibrium that
facilitates the application of offers and demands in the crime market- a concept of crime that
illustrates measurable, negative external effects and behavior, and which subsequently acts as a
deterrent of criminal activity". The above authors observed that to accept this theory of criminal
behavior, it is necessary to analyze it from the point of view of a theoretical premise, which does
not always reflect what happens in reality. The first premise is that he or she has 'perfect
information'- a situation that is not very common in criminals that occasionally commit crimes, or
those that commit crimes only once. In an ideal situation, the individual would have to evaluate all
the costs and the benefits. The second premise is that the individual is free to choose. This situation
is equally paradoxical because the current situation of Latin American prisons indicates that the
number of inmates is characterized by a poor level of education, but is viewed within the context of
severe social inequality. For this reason, it is fairly common that the option of "not committing a
crime" does not really enter the category of personal liberties, but rather that the individual acted as
a result of using their personal will and without taking into account either their moral or ethical
convictions concerning the crime itself (because they need to survive).
The prison sentence will likewise depend on the time dedicated to illegal activity. Moreover, it will
depend on the severity in which the law is applied (Bandres and Diez-Ticio, 2001). This leads us to
the need to evaluate economically and socially the investments made within the field of prison
management. What's more, it may be empirically argued that there are certain illegal acts that unite
the prison realities of the three countries in this study- seeing that the institutions themselves opt for
the detainment of criminals, and aim to create an effective system for rehabilitation.
Nevertheless, the basic econometric models proposed by Becker have been counter-argued by
various authors. One of the main proponents of this contrasting view is Gibbons (1982), who
demonstrates that the econometric model does not fully justify the faith that his followers have in
him (Becker), and that no significant contribution is produced in terms of criminology theory, and
that only a general foundation for penal studies is provided (Campos, 2008). The latter is discussed
in our study in terms of social-economic investments.
Similarly, (Entorf and Winkler, 2008), who base their studies on a data panel from Germany,
highlighted that the models only take into consideration data on crimes, and do not include factors
that lead to criminal acts. They show for example, that drug addiction is an important factor when
analyzing the increase in crime.
After reading the above statements, we should ask ourselves the following questions: What can we
compare between countries? How can we compare ourselves with other institutions? Why do we
need to compare ourselves?
3. Methodology
3.3 Variables
The variables were established during the reading of the paper and directly corresponded to the
gathering and revision of information. Based on this process, it was possible to obtain the following
information: 1) Population of each country (Table 1); 2) Number of inmates per country;3) Total
expenditure in US dollars (social investment) per country on prisons (which was done for each year
of the sample) [16], and 4) the estimated figure of inmates who receive certain benefits within the
penitentiary system.
In addition, basic information was obtained from the Organization for Economic Cooperation and
Development (OECD), i.e. seeing that Chile, the UK and Spain are aligned with the parameters of
this international organization.
Among the variable that we studied were factors concerning the 100,000 inhabitants (for each of the
three countries), as well as factors related to other excluded parts of the population, that is,
according to various international bodies. The references are presented in the table on the next page.
Variables used in the study
Country : Countries studied: (Spain, Chile and United Kingdom)
Country population : Total population, statistic bases of the National Institute of Statistics
(NIS) in Spain, Chile and the UK.
Cost (US$) : Spain (General State Budget 2000/08 – Economic and financieros) –
Chile Integral Management Balance Sheet 2000/08 Chilean
Gendarmerie)/ Types of change of the Central Bank of Chile, and the
Bank of Spain/statistical bulletin. Type of nominal change according to
period (Excluding investments in infrastructure). International Centre for
Prison Studies UK.
Inmate population : Probation of all three countries: Spain, Chile and the UK.
with benefits
Benefits per 100 : Average rate of benefits per country (probation per every 100 inmates)
inmates
*Ratio utilized by King's College London, International Centre for Prison Studies
Source: The author
The period of analysis was from 2000- 2008 (nine years). Unfortunately, due to the pertinence and
lack of information that was gathered, it was not possible to extend the time frame. On a more
positive note, the period commenced with an historical event that occurred in Chile: the period
when the Penal Process Reform began. In the case of Spain, however, there was a general revision
of the penal system and crime fighting policies for fighting- producing as a result the negative
diagnosis of the Spanish penal system. For the UK, however, we can see that there were not any
major legal or structural changes in prison policies. Therefore, with this information at hand, we
were able to propose a formula to measure the gap, which was calculated as follows:
Where:
B is the gap
x is Chile's investment for each inmate
y is Spain's investment per inmate; and
t is the study period.
4. Results
4.2 Comparisons:
a) Inmates per 100,000 inhabitants (Chile, Spain, UK, and OECD countries)
Graph 1 shows a comparison of the number of inmates per country – according to ratio of 1000,000
inhabitants (in line with international studies).
Graph 1. Inmates per inhabitants
Graph 3.1: The Investment Gap in Prisons – Chile and Spain (2000 -2008)
Source: The Autho
----
Graph 3.2: The investment gap in Chile and the UK (2000-2008)
In the case of Spain, the reduction in probation period can be explained by Cid (2008). On the one
hand, this indicates that there is a new legal framework. Despite the fact that it extends probation, it
also reduces the number of potential candidates for probation. This fact is raised by Rivera (2006).
Therefore, for the Spanish case study, there exists a restrictive state policy in the usage of probation.
Other authors such as Tébas (2006) and Tamarit (2007) (highlighted by CID, 2008), point to a
growing number of foreigners and the large-scale prisons as factors worth considering when
evaluating the reduction of inmate benefits in Spain. Nevertheless, this situation has not been
scientifically proven. In the case of Chile and lower probation rates, it should be highlighted that the
political will of the interim government of Chile is what established this rate. At the same time, the
Chilean Gendarmeries, based on technical data, reports to the Court of Appeal (ordinary justice), to
obtain the corresponding data for each region (geographical area of Chile), and the justifications of
potential candidates. These justifications, after being analyzed by the Judiciary, are sent to the
respective Regional Secretaries of the Ministers of Justice (SEREMI). In order for it to be
sanctioned (approval or rejection of a potential candidate's probation benefits), the roles of
SEREMIS have to be designated at the presidential level.
For this nine-year study, this phenomenon would reflect the fact that the political will of the interim
governments is not to grant excessive probation benefits. This would justify the scarce number of
prison benefits (in Chile).
5. Conclusions
The mere fact that the figures for Chile have been reduced to 51,4% and that the investment gap per
inmate plays a role in maintaining effective prison management, which is moderated to the UK
levels, it is necessary to carry out a rigorous, comparative analysis of the management of the three
countries- using as a reference the Chilean case study. In addition, it is a stark reminder of the
question: What exactly should we compare between countries? This question is also highlighted by
the fact that, in reality, Chile spends $2,89 more than the amount that is invested by Spain – that is,
taking into account total investment per inhabitant (despite the fact that the figure for the UK is
even greater than this).
The question How we should compare ourselves with other institutions can be corroborated in the
writing up of this report- especially since we are talking about large numbers (macro variables).
This is something that we should seriously consider if we are to carry out comparisons of the
effectiveness of the various types of prison management in each of the three countries. In the
specific case of Spain and the UK, and perhaps some other nations too, we should begin by looking
at basic data, such as direct investment per inmate and the management of these resources.
In terms of why should we compare ourselves, the answer lies within the paradigms of science. It
boils down to humankind and their quest for perfection, as well as recognizing their maximum
potential on a comparative advantage level. Therefore, the institutions that meet these needs for
prison management, should seek to perfect their objectives and to re-formulate their goals, placing
as their ultimate benchmark the most developed nations- thus emulating their management system
(North, 1990).
The mere fact that Chile has entered the OECD is a reflection of the above scenario. In light of
these comparisons, we may argue that this study has made some important contributions to the
discussions about Chilean and Spanish prison management, even though the UK is becoming a
better model to follow- such as when determining the economic gap that exists between countries.
Moreover, it has been shown that both Chile and Spain lack recent socio-economic data to quantify
aspects such as the inmates' reinsertion into society and other areas that are of interest to society-
and which are also comparable.
Also, the investment variables per inmate versus benefits per inmate show that there is no direct
relation between the increase in cost (investment) and the benefit of probation for inmates. For this
reason, it should be stressed that the costs for the three countries is "social", or rather, that it
mainly achieves one objective, i.e. "of incarcerating an individual", and by so doing, maintains a
management of resources that is better geared towards the control of expenses, but without a
plausible horizon of excessive prison benefits, and that takes into consideration differential
factors. The latter point potentially reflects the increased investment by Chilean Gendarmeries in
private prisons. In the future, this should provide more positive results in terms of social reinsertion.
Indeed, in terms of security, this type of action ought to be covered by the State, namely through
the Chilean Gendarmeries.
Similarly, Spain maintains a level of investment per inmate between $10,000 and 12,000. If we
take this range as a reference point – without making Chile have a defined or currently visible
range- Chile could aspire to generate a range that is similar to Spain´s. Notwithstanding, it generates
a fairly consistent gap that is "not as equal". For the specific case of the UK, Chile should pay
closer attention to its expenses and social investment in terms of penal regulations. However, for
this study it would be the major model to follow.For example, maintaining a pace of continual
investment between $6,000 and $8,000 per annum per inmate would reflect a real gap of (+-) 30%
with respect to Spain, and a similar number to that of the UK- i.e. maintaining a gap of (+-) 80%.
This would require a "relative socio-economic stability", where there is a balance between that
which is invested and the results that one wishes to obtain. In this sense, the management of
resources in Spain is a point of reference to follow in the short term. Consequently, the relationship
with the UK is a point of reference in the long-term.
Second, the theme of prison benefits remains clearly unresolved for the three countries in this study.
On the one hand, the authors highlighted in this study observe that the prison benefits derived from
the restrictive policies from the interim governments and because of the actions that are deemed
irrelevant from a legal/penal perspective. This situation can be seen within the context of the
inmates, and/or the increase of foreign prisoners in certain cases. With a closer analysis from an
economic perspective, i.e. where this situation of "red tape" is not perceived as being excessive, or
where it is not solely analyzed in relation to the mechanisms of more effective social reinsertion
mechanisms, it would be possible to achieve a more profound understanding of the current issues
faced by prison management in the said countries.
Finally, although this study provides some important contributions to the subject matter, it is clear
that certain aspects require further or deeper analysis. For example, the optimization of resources
for investment for inmates (quality of investment), the rate of investment in percentages, and other
variables that we have not been able to assess such as those that are related to rehabilitation efforts.
Indeed, these lacunae in our findings largely exist because of a lack of information about prison
statistics in the countries covered in this study. On the other hand, we should also ask ourselves if
the concentration of resources per inmate was effective at the time of establishing some kind of
rehabilitation –both for Spain and for Chile. Despite this, information concerning the UK prison
system and management has been more readily available-making monitoring of the prison system
more effective in the UK, and therefore a good model to follow.
Taking into account that certain aspects were not fully resolved in this study, we can conclude that
future lines of research in this field are necessary, which could lead to additional comparative
studies in Data Envelopment Analyses. For instance, in various regions of Chile (locally). By so
doing, we would be able to identify the level of prison efficiency – according to internal variables of
the Chilean Gendarmerie. These studies may likewise shed light on the economic efficiency,
although it is clear that from the point of view of rehabilitation, it would not be possible to obtain
reliable data in the short-term. As a result, the study of trends – to see the reality of prison term
management for minor crimes and its fulfillment in the incarceration system- would help compare
the human development indexes of the UNDP (internationally). Within the same context, it is
important to consider the ability to create comparative studies of the private and public penitentiary
systems – and their relationship with other international realities within Mercosur, Brazil,
Argentina, Colombia, Chile etc. As a result, these comparative studies would contribute to
knowledge development of economic aspects concerning income, employment, crime and policy
making, which in turn would provide quality parameters to assess the influx in inmates in future
prisons, and subsequently achieve the optimum number of prisons that a given society is capable of
managing.
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Annex 1
1 Ph.D. Economic and Business Latin American Institute of Economics, Sociology and Politics
Universidade Federal da Integração Latino-Americana UNILA Foz do Iguaçu, Brazil
Guillermo.diaz@unila.edu.br
2 Ms. Management and Social Development Department of Business Administration Universidad
Técnica Particular de Loja UTPL Loja, Ecuador mfzumba@utpl.edu.ec
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