Contemporary Classicism In Criminology

Criminological theories interpret the competing paradigms of Human Nature, Social Order, Definition of Crime, Extent and Distribution of Crime, Causes of Crime, and Policy, differently. Even though these theories have added to societies understanding of criminal behaviour, all have been unable to explain why punishment or treatment of offenders is unable to prevent deviancy, and thus are ineffective methods of control. The new penology is a contemporary response that favours the management of criminals by predicting future harm on society. However, all criminological theories are linked as they are a product of the historical time and place, and because of their contextual history, they will continue to reappear depending on the current

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 criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)

The United States has a unique criminal justice system that stems from the unique rights granted to its citizens by the Constitution. The United States Constitution grants the most basic rights of “life, liberty and the pursuit of happiness” and no citizen can be denied these rights without due process of law. Due process is the way in which the criminal justice system ensures that the right person is punished for the right crime. This process includes certain rights of the accused and specific procedures that must be followed to the letter or the accused could be released without having punished for a crime he or she could have

Classical school of criminology is testing and designing a system of punishment that would result in the minimum occurrence of crime. The Classical school also represents the development and application to thinking about crime and the ideas. In general, the will is free, there were no limitations. Hobbes conceived that fear was an elemental drive causing men to form societies and accept the necessary restraints (1958, p. 9.) Apparently upon Hobbes’s thought, fear affected the will of an individual action to commit a crime. In addition, fear of punishment would perhaps prevent crime from occurring. Punishment was a principal method of operating to create fear, and it was necessary to influence the will and to control behavior.

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

With the exception of probation, imprisonment has been the main form of punishment for serious offenders in the United States for over 200 years. Americans can be said to have invented modern incarceration as a means of criminal punishment. Although Europe provided precedents, theoretical justifications, and even architectural plans for imprisoning offenders, Americans developed the blueprints for the typical prisons of today and devised the disciplinary routines, types of sentences, and programs that prison systems of other countries subsequently adopted or modified (Rafter & Stanley 1999).

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.

Cesare Beccaria (1738-1794) is probably most well known as the founding father of the school of classical criminology. He protested against the current legal system and pushed for those in power to see that individuals are rational beings and deserve rational repercussions. In his most popular work; Essay on Crimes and Punishments, he protested against the cruel punishments and suggested that they must only be equal to that of the crime itself and revolutionised the criminal justice system with his ideals on how to make the most effective punishment, without maximum damage of the individual. He believed that “Punishment is only justified to the extent that the offender has infringed the rights of others or injured the public good.” (Newburn, 2013) Although Beccaria viewed crime as an act of free-will and rational choice he did see that some individuals were pre-rational (meaning they were unable to be rational), for example children and also that there are sub-rational people (individuals with some rationality but not a full rational mind), this for example can be people with mental afflictions or diseases. Moreover he did not see that there can be a cause for crime which is due to situational problems, i.e. a big change in a person’s life which can cause them to commit crime, like death, financial problems, and birth of a child, family altercations and much more. Although Beccaria was not always right with his beliefs he was the

We as a society can understand the idea that general deterrence is an effect of punishment of people that offend on others that have not yet committed a crime. The type of experience from an offender will create fear which will deter non offenders from engaging in future criminal activities. As Akers et al (2009) described special deterrence as a process whereby offenders will stay away from committing any future crime if they are caught and then punished. In this situation individual offenders will be afraid of detection and punishment after they have experienced punishment (p.219).

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

For critical criminology, the thought process of criminological thinking is believed to be traced back to as early as

Deterrence are one of the punishments that is justified for modern society. Deterrence is a punishment that prevent other from doing the same similar crime. This also, helps the public from entering into and criminal activities. Deterrence is one of the major punishments that intimidates the public people by sending a out a message to the public people if you commit no crime you will not suffer as a criminal will suffer. The purpose of general deterrence is to discourage those from committing a crime or any wrongdoing this is taught by setting an example on how the person will suffer the consequences if the crime is committed this is another general way on how to intimidate the public people on how to obey the laws by setting unease example

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).

Classical Criminology first emerged in the 18th century when individuals started to rebel against the harsh punishments given across Europe and America. Punishments rarely fit the crime and were severe and excessive as a tool to scare individuals from committing crime. Before this, was considered the enlightenment period, which was an era of thinking crime, was solely the product of evil and deserved to be punished severely. Religious views dominated the criminal justice system suggesting criminality was the result of the devil. Punishments were often barbaric and ruthless. Then the feudal system started to develop and individuals were employed as police and judges to maintain social order. However the courts were unjust and usually lenient to those of the upper class. Cesare Beccaria (1738-1794) is probably most well known as the founding father of the school of classical criminology. He protested against the current legal system and pushed for those in power to see that individuals are rational beings and deserve rational repercussions. In his most popular work; Essay on Crimes and Punishments, he protested against the cruel punishments and suggested that they must only be equal to that of the crime itself and revolutionised the criminal justice system with his ideals on how to make the most effective punishment, without maximum damage of the individual. He believed that “Punishment is only justified to the extent that the offender has infringed the rights of others or