Classical School
Classical theory in criminology has its roots in the theories of the 18th century Italian nobleman and economist, Cesare Beccaria and the English philosopher, Jeremy Bentham (Hollin, 2004, 2). It was based on principles of utilitarian philosophy. Cesare Beccaria, author of On Crimes and Punishments (1763–64), Jeremy Bentham, inventor of the panopticon, and other classical school philosophers based their arguments as follows,
(1) People have free will to choose how to act
(2) Deterrence is based upon the notion of the human being as a 'hedonist' who seeks pleasure and avoids pain, and a 'rational calculator' weighing up the costs and benefit consequences of each action.
(3) Punishment (of sufficient severity) can deter
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(2.) Humankind is a rational species. (3.) What controls behavior is the human will. (4.) Although supernatural [and natural] forces might influence the will, in regard to specific actions the will was free to choose. (5.) The principal means of controlling behavior is fear, particularly fear of pain or punishment. In this way the will could be directed to make correct choices. (6.) Since the state had the right to punish behavior, it ought to do so in an organized manner which included the centralized administration of law enforcement, courts, and correctional practices.
Summary of points to be made about Beccaria. 1. Beccaria did not develop a new explanation for criminal behavior. He merely accepted the taken-for granted beliefs of his era. He sought solely to rationalize punishments. 2. Beccaria opposed allowing judges the type of broad discretion they then enjoyed. 3. The ultimate source of law must be the legislature, not the judiciary. Beccaria is here attacking the common law tradition. Today's conservatives attack judicial activism, i.e., in the recent U.S. Supreme Court. 4. The principal role of the judiciary is in determining guilt, not deciding on punishments. 5. A truly rational system of criminal justice would be based on a scale of crimes and punishments: e.g. first, second, and third degree felonies. Each would be assigned a specific punishment that included ascending severity based an the level of seriousness
Yet another criticism is their belief in deterrence. Research has shown that there is little correlation between punishment and crime, meaning that there is not a significant amount of information showing that deterrence actually works leading it into a controversial issue. People commit crimes for many different reasons that classicalists fail to acknowledge. Classical criminology was the first big step into what makes up the field of criminology today, dominating around the eighteenth century. A change in the way information was assembled with the emergence of the scientific method challenged the classical perspective and introduced the theory of Positivism.
The classical school of criminology is foundationally based upon the history of crime and punishment. Throughout history, crime was dealt with in an extremely harsh and inhumane manner. Criminals and suspected criminals were quartered, burnt at the stake, tortured, and subjected to other forms of extreme violence. These methods were used to get a confession or punish people for even minor crimes such as theft. The people of the Enlightenment period of the late 1600 's paid attention to this behavior and this is why a
Jurisprudence explores what would be the simplest manifestation of law so as to create a civil society society where both individual liberty and normative goals are practiced. Should the the aim of law be primarily centered on the protection of individual liberty or, instead, the normative goals geared toward the benefit of of civil society? The laws in any society ought to not be centered on normative goals it ought to conjointly defend individual liberty.
Criminology and the criminal justice system have framed a “taken-for-granted, common-sense” understanding of ‘crime’ and the ‘criminal’ (Tierney, 2010). ‘Crime’ is commonly understood as a violation of the criminal law; originating from religion and the sin of God and then moving towards Classicalism. Classicalism rests on the assumption of free will and recognises rational choice of the individual. It influences much of our system of justice today; especially aspects of due process. It argues that criminality is therefore part of nature; and order is maintained through law and punishments. We can see this through Beccaria’s approach of certainty, celerity and severity (Beccaria, cited in Newburn, 2013, pp116). Positivism, associated with theorists such as Lombroso, offered more of a scientific approach in identifying the causes of crime and could recognise impaired ability such as mental illness. It argues that ‘crime’ is
They thought that the crime and he punishment must be linked. They believed that the punishment should be in proportian to the crime in order for the offender to think about what he has done. for example, if someone is caught steeling 3000 pounds, then he should be made to pay back 4000 pound fine back. Or stay in prison for the same ammount of time that the person would have taken to earn the 3000 pounds. Cesear Beccaria believed that there should be a fixed punishment for crimes written into the law and not be changed.
The Classical Theory focuses mainly on the individual and choices. Each individual makes decisions based on cost and benefit. Using Classical Theory, human behavior is explained in terms of the attempt to maximize pleasure and minimize pain (Williams & McShane 2004) and because the basis is for the concept of deterrence.
Classical criminological theory was introduced in 1764. The tenants of this theory became the backbone for the development of all criminological theories to come. After over 200 years have passed since its conception, is classical criminological theory still relevant to today’s society in explaining the causes of crime? This essay will address this question by discussing the major components of classical criminological theory while highlighting its strengths and weaknesses. The essay will also examine a more modern criminological theory, Merton’s anomie/strain theory, and decipher major differences between the two theories. This essay will also explain the aspects of classical criminological theory that are applicable or outdated in their
This essay is going to explain the extent to which classicism and positivist criminology conflict with each other and whether they share one another. Also, this essay going to show examples how these theories affect our modern criminal justice system. These theories begin with the human nature of criminals, the definition of crime, the focus of analysis, the causes of crime, the response to crime, the operation of crime prevention and criminal justice systems.
In Criminology there are two main approaches when talking about why criminals commit crime: positivism and classical criminology. Throughout the decades there have been many criminologists that debate this subject like positivist Cesare Lombroso who believed that criminals were less evolved than non-criminals and believed they had a more primitive mind. Whereas Bentham viewed all people as rational decision makers and created the pain-pleasure theory. In the Sage Dictionary of Criminology the definition of Classical Criminology is “An approach to the study of crime and criminality which is underpinned by the notion of ration action and free will. It was developed in the late 18th century and 19th century by reformers who aimed to create a
"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.
Criminology earliest development traces back to the early 1700s, however did not fully bloom until the 1800s when criminal laws were being made and enforced (Altrichter, 2015). With this in mind, the first school to be developed through criminology was the classical school. The classical school was founded upon the thoughts and ideas of Cesare Beccaria and Jeremy Bentham (Altrichter, 2015). Cesare Beccaria implicated the idea that a crime is to be punished depending on its severity and rather not the criminal (Altrichter, 2015). Jeremy Bentham contributed to the classical school by stating that through a series of weighing the pleasure and pains of their results, this would increase or decrease the chances that a criminal would create a crime (Altrichter, 2015). The most notable idea that developed through the classical school is that criminals have a free will and can thinking
First off, there have been ample amounts of disapproval in relation to the general theory of crime, because many scholars feel that Gottfredson and Hirschi (1990) failed to include the
Rational choice theory addresses, criminal behavior in various ways. In addition, this theory also falls short in many places. I have decided to work on the rational theory because it is a common theory that I see on a day to day base. I feel that anyone who breaks the law should be held responsible and not be rewarded with such a low punishment. If our criminal justice system enforces stricter punishments than those who are
In contrast to the positivism approach, classical theory has a different way of explanation why crime occur. Classical theory
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.