The main goal of this essay is to introduce how classical theory and positivist theory influenced the criminal justice system in the past and actually. These two theories were discovered in XVIII and XIX centuries. The main contributors which represented classical school were Jeremy Bentham and Cesare de Beccaria. Representative who was preaching positive theory was Cesare Lombroso, Raffaele Garofalo or Enrico Ferri. Differences between these theories were slightly dissimilar. Classical theory mentions that humans are intelligent, rational beings who are responsible for their own decisions.
The two members of classical theory disagree with capital punishment. Jeremy Bentham composed that (1789);(Criminology 2012) : ‘Nature has placed mankind under the governance of two sovereign masters, pain and pleasure… [T]hey govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection will serve but to demonstrate and confirm it’
Positivism theory said that criminals have physical anomalies such as unusually- shaped jaws, ears and noses. Cesare Lombroso came up with the idea that: ‘Criminals were born, not made’. He distinguishes between: epileptic criminal, insane criminal, born criminal and also occasional (pseudo-criminals, habitual criminals and criminaloids). Raffaele Garofalo rejected the doctrine of free will. He considered that criminology can only be studied properly by the use of scientific methodology.
Accused should know his/ her rights, particular rules should be found in written law. An idea about written law by classical philosophers could have an impact on Constitution i...
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http://www.restorativejustice.org/articlesdb/articles/1065 [15th October 2014]
http://www.ukessays.com/essays/criminology/the-difference-between-classical-and-positivist-understanding-criminology-essay.php [16th October 2014]
https://www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/article-3-no-torture-inhuman-or-degrading [13th- 22nd October 2014]
http://marisluste.files.wordpress.com/2010/11/deterrence-theory.pdf [13th- 22nd October 2014]
http://education-portal.com/academy/lesson/positivist-criminology-definition-theory.html [13th- 22nd October 2014]
http://www.constitution.org/cons/natlcons.htm [17th October 2014]
http://www.kryminalistyka.fr.pl/psycho_profilowanie.php [27th October 2014]
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