Criminological Theory – The Classical Theory Criminals come from all walks of life. Some are wealthy business owners while others are poverty-stricken and homeless. Some are 60 years old while others are 16. What makes people decide to become a criminal? Why does one person who gets arrested and faces punishment learn from the mistake and does nothing illegal again while others become prison regulars? Criminological theory seeks to answer these questions in an effort to mold societal influence and implement programs to deter people from committing crimes. One such theory is the classical theory. Even though some believe that crime is based mainly on social influencers like in the differential association theory, the classical theory is more accurate because it suggests that each person makes the choice to commit a crime based on risk versus reward and because most intentional criminal acts pay some sort of benefit, rarely are they seen as not profitable. Cesare Beccaria, a seventeenth century theologian developed the classical theory in 1764 (Cesare Beccaria , 2014). He published an anonymous essay titled On Crimes and Punishment. In the essay, he wrote about criminal justice and ways to make the justice
The school was a group of criminological and sociological theorists that began to reform the justice system in their respective countries (Bernard, Snipes, & Gerould, 2010). They consider Cesare Beccaria and Jeremy Bentham to be the founders of the school. The school was instrumental in legal development during a trying time in human history. Much of Europe was transitioning from monarchies to democracies. The school evolved and sought to make the rigid classical theory more flexible to empower governing bodies to be more flexible in considering the circumstances of the crime itself. Circumstances such as severity and impact should not be the only metric a judiciary body uses to convict
From the beginning of time mankind have committed crime. Medieval Europe was rife with crime and the punishments were harsh. Throughout the Medieval period attitudes to crime and punishment changed. From 500AD-1500AD in Europe the way punishments were decided and carried out had developed from a sense of fear and crowd pleasing into a structured legal system.
Cesare Beccari was known for the idea that laws are the conditions under which independent and isolated men unite to form a society. He believed in the philosophy of punishment and that the purpose of punishment should be deterrence rather than retribution (Schmalleger, 2012). Beccari felt that punishment should be imposed to prevent offenders from re-offending. He also felt punishment was a means to an end and not an end in itself (Schmalleger, 2012). He felt crime prevention was more important than revenge (Schmalleger, 2012). Beccari argued that punishment should be prompt and swift. However, Beccari felt the punishment should only be as severe as the crime. Beccari felt that treason was the worst type of crime and should be punished
I do agree with his main aspects of punishment being severe, swift and certain. It is important to be severe to ensure that the consequence outweighs the benefits of the crime. Swiftness is equally as important in deterring crime. Beccaria stated, “Promptness of punishment is more useful because when the length of the time that passes between the punishment and the misdeed is less, so much stronger and more lasting in the human mind is the association of these two ideas, crime and punishment… one as the cause, the other as the necessary inevitable effect” (Schram and Tibbetts). Lastly, I agree with certainty being the most important component. The certainty of punishment has the strongest impression on individuals because they are aware of the repercussions for their actions. In addition, general deterrence and specific deterrence are also pivotal. Punishment is not limited to deterring a specific criminal, but it is intended to prevent all individuals from committing
While the study of criminal justice and the formation of criminal justice theories are largely molded by several other disciplines such as psychology and sociology (Wellford, 2007), the study of criminal justice has grown and it is time for it to stand alone as its own scientific discipline. Crime theories are developed through studying individuals and assessing as well as their environment and other social aspects. These theories are then used to help form policies in order to deter the individual or group from committing further crimes. Criminal justice theories are not only used for crime but there are also theories which aid criminal justice personnel in the application of the practices that they use. The criminal justice policies are implemented
Beccaria, a European theorizer, had the most influence on penology. "His work had a profound effect on criminal punishment the world over." Beccaria wrote "the purpose of punishment is not to torment a sensible being, or to undo a crime [but] is none other than to prevent the criminal from doing further injury to society and to prevent others from committing the like offense." This is how...
As an Italian lawyer and legal philosopher, he saw the then-actual criminal law as a messy jumble of laws, customs, and traditions that were being derived from ancient Roman and German cultures. This traditional law included criminal justice practices such as the use of torture to secure a confession and capital punishment. Beccaria not only believed that these methods were erratic, but ineffective. He also believed that these practices did not serve the public to its greatest potential of justice. Beccaria’s desired goal was to rationalize this jumble of laws into a uniform system that demonstrated the spirit of innovation and consistency, with principle and predictability. He would then publish the influential treatise, On Crime and Punishment, in 1764. He believed that those who abused the judicial system of its powers, did not serve the greatest good of the public. Arguments such as, justice being executed among the public, judicial torture being eradicated and deemed as inhumane, and how the accused should have a presumption of innocence until proven guilty; would be of the included within the
Criminology is the scientific study of crime and criminals. It is also a study that is constantly changing due to the people in our society, which political, economic and spiritual views of individuals come into consideration. Robert Agnew, an important man to the world of criminology, he was born on December first, in 1953, in Atlantic City, New Jersey. Agnew fortunately is still living, and ages sixty years of age. He Attended Rutgers College, a school in New Jersey, where he received his Bachelors of Arts in sociology, although both his Masters and PhD in sociology he obtained in University of North Carolina in Chapel Hill. Sociology being the study of the functioning of human society. Agnew discovered his passion for teaching after her worked as a teacher’s assistant and served as Associate Editor to Social Forces Journal for a couple years. Agnew started teaching at Emory University, the courses he taught varied from criminology to the introduction of sociology. In addition to teaching, Robert Agnew wrote many books and articles about either criminology or sociology. He was also involved in both field’s sociology and criminology through academics, and contributed to them greatly. Although his best contribution was his development of the general strain theory. A theory in which Agnew elaborated on and decided to adjust his perspective. Having gone through bad experiences in one’s life, can influence in the way that a certain individual thinks, and can lead them towards a life involving crime in their everyday lives.
In the 1700’s the United States consisted of the colonies. Prisons were not yet made due to the low population of the colonies and the colonies taking their own justice. Ways to punish people in that time were whippings, the dunking chair, the stocks, and the scarlet letter. Basically, public humiliation was used as a deterrent to control the people. This stopped working when the population began to grow bigger, so other methods had to be used. Cesare Beccaria was a member of the Classical School of penology and influenced the way people thought about punishment. He suggested that punishments should be defined and judges should not have total power. He also stated that laws had to be public and clear. He also said that punishments should be the “minimal possible” in order to deter others from committing similar crimes. This lead to imprisonment being the main punishment used to deter crimes. The Philadelphia Society for Assisting Distressed Prisoners helped to write the new criminal code of 1786, which included hard labour as a form of punishment within a person’s jail sentence. The Philadelphia Society for Assisting Distressed Prisoners bec...
Sociological theories help explain deviance and methods to prevent it, such as the strain theory by Merton, control theory, and the differential association theory. In earlier times, people found guilty of crimes were executed right after the promulgation of sentence since the state did not want to incur added costs of detention nor risk the possibility of escape but enlightened thinking led to creation of prisons to prevent torture or execution to be spectacles. Incarceration was a solution to achieve retribution, deterrence, incapacitation and (sometimes) rehabilitation.
When discussing who the English justice system favoured in the early modern period it is important to remember that first and foremost, the justice system was there to keep social order. As a result, we can suggest that the justice system was weighted in favour of keeping this order and aspects of the system were in favour of the criminal or victim is merely circumstantial. As the Early Modern period was one of such fast-paced change it is hardly surprising that the justice system would come down so hard on criminality that would threaten the increasingly dwindling peace. A defining feature of the early modern justice system was that its punishments were reactionary and served to form as deterrence for the crime. George Saville demonstrates this concept when he states "Men are not hanged for stealing horses, but that horses may not be stolen” .
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
Criminals are born not made is the discussion of this essay, it will explore the theories that attempt to explain criminal behaviour. Psychologists have come up with various theories and reasons as to why individuals commit crimes. These theories represent part of the classic psychological debate, nature versus nurture. Are individuals predisposed to becoming a criminal or are they made through their environment.
Critical perspectives on discipline, social control, and punishment are studied within the field of critical criminology. It assumed that human beings are both determined and determining creatures (Bohm and Vogel, 2011). In the process, they create institutions that they are capable of changing the structure (Bohm and Vogel, 2011). Critical Criminology assumes that society is based on conflicts between competing interests groups. The root of criminology can be traced back to the mid-seventeenth century. It gives homage to Cesare Beccaria, an Italian jurist and author of On Crimes and Punishments, and Jeremy Bentham a conflict criminologist who wrote Theoretical Criminology. Bentham argued that crime is an outcome of political conflicts between
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular
Criminal Justice has been around since the biblical times. The first documented murder was between Cain and Abel. Although back in the biblical times, it was not recognized as a structured criminal justice system. Major Gade studied at University of Dayton School of Law had stated in his thesis, “Sin and crime were correlative. The law was divine, often with citations to the Bible. The courts were a secular arm of the church. Colonial criminal justice systems reaffirmed the community's religious aim and reflected popular culture”. Justice was handled on a more immoral level, such as, an eye for an eye, hangings, beating, stoning, and repeat offenders would be expelled from the community. These penalties would often lead to a bias resolution for said crimes. Therefore, the outcome not resulting in the true meaning of justice as we know and enforce today. In history, no matter what age the crime was committed, anyone committing a crime would be punished the same. In the middle ages, the justice system changed with fewer severities. As we know now, there is a set limit of age on which a crime is performed. Usually this age would start at age eighteen and up, but there is a discrepancy on certain crimes. In the years to follow adult and adolescent punishments became s...