preview

Classical School Theory

Decent Essays

The school of classical theory does receive criticism from some as it does have some problems (Bohm & Vogel, 2011). One of the first problems some would have with the theory of the classical school is how long the theory has been around (Bohm & Vogel, 2011). It has been argued that some have re-interpreted the theory for personal gains rather than to make the criminal justice system fairer (Bohm & Vogel, 2011). The biggest problem by far with the theory of the classical school is that everyone is treated the same regardless of certain circumstances (Bohm & Vogel, 2011). The classical school theory does not allow extenuating circumstances to be argued as a reason for why the crime was committed (Bohm & Vogel, 2011). The obvious problem with this is that there does exist some circumstances that would justify why a crime was done or at least provide a partial explanation (Bohm & Vogel, 2011). Also, this theory does not differentiate between crimes that have comparable characteristics. This is a problem because each crime no matter how similar will have its own unique set of facts and circumstances (Bohm & Vogel, 2011). The theory of the classical school only views the crime committed and does not account for factors such as the age of the defendant, human emotion, level of education or if someone is insane to name a few (Bohm & Vogel, 2011).

Other problems include the “social contract”. Basically, that the classical theory is the popular choice of the citizens for determining criminal acts (Bohm & Vogel, 2011). But, it can be argued that not all citizens would actually favor the principals of the classical theory, at least not in all aspects (Bohm & Vogel, 2011). This is because not everyone in society is equal on an economic or social scale (Bohm & Vogel, 2011). “Classical theory fails to consider that crime may be rational given the individual’s social position” (Bohm & Vogel, 2011, p. 19.). One of the chief problems I see with the classical theory is that the ability to utilize discretion is removed. This falls into line with zero tolerance policies.

Zero tolerance policies are derived from the theory of the classical school (Saeler, 2015). The classical theory believes in deterring crime

Get Access