Biological Positivism In The Criminal Justice System

Biological Positivism To grasp and understanding biological positivism one must first gain knowledge on the history, aspects, and factors that make up positivism. This essay will be analyzed by using the three factors: classical criminology, biological factors, and criminal behavior. These factors will demonstrate how biological positivism evolved throughout the criminal justice system over time.

Classical criminology is associated with the Italian philosopher Cesare Beccaria. “Beccaria`s work was based on a kind of free-will rationalistic hedonism, a philosophical tradition going back many centuries. He proposed a simple model of human choice that was based on the rational calculation of costs and benefits” (Bernard, Snipes, and Gerould pg. 37). Beccaria wrote a book titled “On Crimes and Punishments” in 1764, which responded to the wide spread abuse about crimes during that time. He stated there is only one way to organize crime. It is to understand that people that are engaged in

He took some of Beccaria`s ideas and argued that punishment had 4 primary objectives which include, one preventing crime, second, when the threat of punishment is ineffective in preventing crime entirely its hoped that the offender will commit a less serious crime. The assumption is that man is rational. Thirdly, the threat of punishment is entered to limit the amount of force by the actor. So, if a person uses force they know that the punishment will be even more sever. For example, robbery is the focusable taking of property from a person. An aggravated robbery is if that forcible taking is accomplished using a weapon or a threaten use of a weapon or the death and serious harm. Lastly, the threat of punishment is the most cost effective means of controlling and preventing crime. So, it cost nothing to create fear in the minds of individuals. Both Beccaria and Bentham writings influenced our 8th and 5th