Beccaria First Punishment Summary

The Walnut Street prison, which was the first prison, built in 1790 was a prototype for other prisons to be built over the next 30 years. By the year 1817 the prison began to deteriorate. Changes and overcrowding of prisoners in one room pushed Pennsylvania legislature to build more prisons. In 1817 two more prisons where built, one in eastern and one in western Pennsylvania. They built these prisons with separate cell areas, so each inmate could be kept alone, eliminating all the problems of congregate living. The idea of having separate cells did not originate in America. "Of course the notion of forcibly confining people is ancient and there is extensive evidence that the Romans had a well-developed system for imprisoning different types of offenders." (Meskelly).

punishment can be found in Code Of Hammurabi in 1750. In this significant ancient work,

To try to prevent crime from occurring some believed that making the punishments severe would slow the growth of crime. The punishments you would receive, varied on how bad the crime was that you committed. If you were accused for adultery or manslaughter, you were more than likely punished with a whipping or branding. When punished with a whipping the number of hits usually varied between 10 to 30. When committing adultery, you usually were required 30 hits with the whip and a hot iron brand to the forehead. You were also made to wear something around your neck showing the crime you committed. These punishments were usually for men, women were normally sent to workhouses. Hanging was also a big punishment in the 1800s. Hangings were found to be entertainment and multiple people received a job during a hanging. (Source 2, Page 101) When hanging got out of hand, they began to send the criminals to other colonies to serve their sentences. They found that it was much cheaper than holding them in the English prisons where they were overcrowded and the traveling had to be paid for. The 1800s is known to be the worst of crime because of the increase of population and the issues with wealth. Escapes were very common because the jails were overflowing and it was too much for the people to keep up with. Not only were adults at risk but children of any age were too because society was so bad. As time moved along some of the

Criminology is a field that has been researched prolong. Most of the information explaining crime and delinquency is based on facts about crime (Vold, Bernard, & Daly 2002, p.1). The aim of this paper is to describe the theories of crime and punishment according to the positivists Emile Durkheim and Cesare Lombroso, and the classical criminologist Marcese de Beccaria. The theories were developed as a response to the industrialisation and the modernisation of the societies in the 18th and 19th centuries and were aiming to create a rational society and re-establish social solidarity (Vold et al 2002, p.101). The criminological perspectives of crime and punishment will be discussed in a form of dialogue between the three theorists exploring

The way that we deal with criminals today is center and established based on how Cesare Beccaria defined and stated it. Who is Cesare Beccaria? Cesare Beccaria is an Italian scholar born in Milan, Lombardy, Italy on Saturday March 14, 1738. He died at the age of 56 in the same city on Friday, November 28, 1794. Cesare Beccaria was an Italian criminologist, a jurist, a philosopher, and a politician who is widely considered as the most talented jurist [3] and one of the greatest thinkers of the Age of Enlightenment. Recognized to be one of the fathers of classical criminal theory and modern penology, he is well remembered for his writings on “On Crimes and Punishments” written in 1764, which condemned torture and the death penalty, and was a founding work in the field of penology and the Classical school of criminology by promoting criminal justice. (citation)

Over the years, crime has been prevalent in society. Today’s Criminal Justice System adopted Cesare Beccaria’s reform from the Classical School of Theology. Beccaria’s ideas have been implemented into the reformed criminal justice system to exercise effective punishment. When a crime has been committed, the punishment is to equal the crime committed. The idea of effective punishment in today’s society has one goal of deterring others and to be for the public good of society. Beccaria believed in utilitarianism and thought of it as a more rational approach for crime and punishment. Utilitarianism purpose is the produce happiness and prevent pain and it was the ideal goal for society. Despite the influence of Beccaria’s idea on the criminal justice system, certain procedures have been incorporated that do not fit his criteria of effective punishment such as plea bargaining.

Capital punishment first established date as far back as the 18th century B.C. There were 25 different crimes for the death penalty. This made death the only punishment for all crimes. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement.

Beccaria felt “…citizens should have a voice and serve in judging the facts and in making ultimate decisions in criminal cases” (Schram & Tibbetts, 2017, p. 67-68), using a jury of peers to make an ultimate decision rather than a jury and a judge to make the ultimate decision would be a regard to the Classical School. Another way to reference these ideas would be to add an extra emphasis on the criminal justice system, the laws at hand, and the decisions to be made about convictions better known to the public and keep them educated in a higher degree of what is going on in the criminal justice world. This could be further supported by Beccaria’s idea of punishment being “essentially public” (Schram & Tibbetts, 2017, p.

With the idea that reason trump tradition, and government can only derive from the people, the connection between Paine and Beccaria’s ideas are they were both advocates against capital punishment ,the death penalty, and have argue against criminal justice system of their

It is better to try and prevent crimes than it is to punish them, this is achieved by good legislation which guides men to their greatest, or least unhappiness possible (Beccaria, 1767). As mentioned previously, Beccaria’s utilitarian ideology has shaped the justice system in western societies for many decades. Therefore, Beccaria can be described as a very influential thinker. Without his contribution we could still have a system of capital punishment, and that is a worrying thought. However, we now seem fixed with utilitarian justice. It may be argued that it is now time to move towards restorative justice. There are also those such as Tullock (1974), who argue for a return to harsher sentencing. Some states in the US still consider the death penalty to be a legitimate punishment. So it can be said that Beccaria is undoubtedly a key thinker in criminology, but as with all key thinkers he is not without his critics.

Cesare Beccaria is one of the main contributors to the Classical School. Beccaria’s philosophy of punishment included ideas that the purpose of punishment should be to deter crime rather than for revenge (Schmallenger, 2015, p. 58). The prevention of crime was more important to Beccaria than revenge (Schmallenger, 2015, p. 58). He also came up with the idea that punishments should be set in place to prevent offenders from reoffending (Schmallenger, 2015, p. 58). While opposing the use of torture, but accepting the death penalty in reference to serious crimes, he believed that the punishment should fit the crime (Schmallenger, 2015, p. 58).

Classicism is associated with the works of Cesare Beccaria (1738–1794), the father of the classical school of criminology and Jeremy Bentham (1748-1832) (Walklate, 2007). Both reformers of the classical school were demanding for more effective, rational and fixed system of justice. Brown, Esbensen and Geis (2012) highlights that, as classicists intended to reform the system and administration of justice, one of the key concepts was Beccaria’s doctrine of Egalitarianism. This refers to equality before the law, where offenders must first be convicted by the court of law to be subjected to punishment (White and Haines, 2004). As all individuals are equal before the law, this led to the rejection of individualised punishment, in which to eliminate judicial discretion; there cannot be individualised punishments (Mantle, Fox and Dhami, 2005).

This paper is on the Classical School theory that emerged in the eighteenth century; two writes of this period were Cesare Beccaria and Jeremy Bentham. Among the major ideas that descend from this theory are the concepts of humans as free-willed, rational beings, utilitarianism (the greatest good for the greatest number), civil rights and due process of law, rules of evidence and testimony, determinate sentencing, and deterrence. The writes during this period examined not only human nature but also social conditions as well. The Classical School, gave us a humanistic conception of how law and criminal justice system should be constructed. Law was to protect the rights of both society and individual, and its chief purpose was to deter criminal behavior, the law emphasized moral responsibility and the duty of citizens to consider full the consequences of behavior before they acted. This thinking required humans possessing free will and a rations nature.

In the 18th century Cesare Beccaria- an Italian philosopher, doomed the concept of torture and death penalty by introducing the term "criminology" to the world. At present, nearly all countries in the world have adopted the criminal justice system. Criminal justice consists of two tools: Law and Order. On the road to maintain Law and Order, penalty like Prison Term has been espoused. Prison Term could be defined as the length of incarceration for an offender, where the legnth varies from few days to months in a prison. It also embraces life terms in case of serious crimes like manslaughter, rape, murder, armed robbery, and kidnapping. However in the past two decades, increase in a crime rate and prisoners in incarceration indicate the

As a part of this relationship individuals gave up some of their liberties in the interest of the common good, with the purpose of the law being to ensure that these common interests were met. For Beccaria, this meant that the law should be limited and written down so that people could make decisions on how to behave. More importantly, punishment was to fit the crime not the individual and was to be certain and swift (Williams & McShane, 2010). Offenders were to be seen as reasonable people with the same capacity for resisting offending behavior as non-offenders. The guiding principle of the criminal justice process was the presumption of innocence; and in this general framework punishment was to be seen as a deterrent to criminal behavior. The central concern of the law and the criminal justice process was therefore the prevention of crime through this deterrent function.