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After watching the movie the good son I found a lot to similarities between what went on and the classical theory. I plan on highlighting Cesare Beccaria’s classical theories central assumptions and giving examples of events that occurred in the movie to connect the two. To setup some of the story I’ll introduce you to the characters and what their role is throughout the movie. The mother and father are Wallace and Susan Evans, and their children are Henry and Connie. After Mark Evans mother dies, and his father Jack goes out of town on business Mark is sent to live with his Uncle Wallace and Aunt Susan and their two kids for three weeks.
The classical theory is one that believes that human beings were believed to act in terms of their own self-interest, but also to be capable of considering which course of action was really in their self-interest(Classical 1). Also the classical theorists believed that people were free willed, making them completely responsible for their actions(Bohm 12). The state would then construct laws and punishments in such a way that people would understand peaceful and non-criminal actions to be in their self-interest through strategies of punishment based on deterrence(Classical 1). When it came to punishing individuals, Beccaria believed that the only purpose for punishment was for deterrence to make sure that that individual or anyone else who knew of the crime did not also commit the same crime(Bohm 14).
One of the assumptions that the classical theory makes is that it assumes that everyone is motivated to engage in crime through the pursuit of their self-interests(Agnew 17). As a child most of what you do is in the pursuit of your own self-interest, at least so it seems at the time. In the beginning of the movie the crimes start out slow that Henry commits and seems to drag Mark into every time he does, but with them being so small Mark does not think anything of them. For instance, the two boys start throwing rocks acting as they were grenades and it then escalades into throwing the rocks through panes of glass on the building that they are inside of. Another example, it is right after that point in the movie that Henry takes Mark to a well and pulls a box out of the well that he has hidden. Inside the box are a lighter and some cigarettes that Henry lights up and gets Mark to take a drag.
...prevent harm and set peace for society. So by looking at this theory, we can prevent those who are being deprived of their rights in an unconstitutional manner and are of no harm to society, thus preventing them from uneccessary punishment.
The book called Song of Solomon, by Toni Morrison, deals with many real life issues, most of which are illustrated by the relationships between different family members.
From Classicisms perspective, individuals are free and rational thinkers, but are ultimately governed by self-interest (Young, 1981). This voluntaristic outlook considers men equal in terms of free-will and the ability to reason; nevertheless some of the population are seen as pre-rational or sub-rational. Nevertheless, the central contradiction between formal and substantive equality plays a key role, not just classicism, but in many theoretical perspectives, as it does not depict why individuals continue to commit crime.
The theory of punishment as a whole is worth investigating as well. My largest argument against the theory of punishment is that it is not a fair or just operation. The concept of punishment is a way to intentionally harm people. This is not a just way of making a case right, or making a victim heal from any crime they may have been a part of. The victim is not compensated for the damage or harm caused to them. Punishment, in the retributive theory will really only do good in that it deters people from committing crime because they are scared of the punishment- but this simply does not work as well as it should. The restitution theory does not address the issue of who is entitled to cause harm to others, or punish said criminals.
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...
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...
These three elements are that punishment must be “swift, certain, and severe”; punishment must be “proportional to the damage caused by the crime”; and that the punishment should be “solely based on deterrence rather than vengeance” (Owen et al, 2012, p. 268). In order for deterrence to work the punishment should be swift. That is because the closer the punishment is to the crime, the more likely the offender would acknowledge the consequences. The offender must realize that he or she will be punished for the crime they have committed rather than believing they will not be punished. Although Beccaria believed that severity is a necessary element for deterrence, it should be limited depending on the extent of severity. It should be severe enough to make the offender realize that the reward of the crime did not outweigh the consequences. There are two types of deterrence, which are general deterrence and specific deterrence. “General deterrence intends to deter all people from committing crime by making an example of those who have” (Owen et al., 2012, p. 267). This creates a fear among people from penalties and convinces them that committing crime will cause more pain than pleasure. “Specific deterrence intends to focus on individuals rather than the general public” (Owen et al, 2012, p. 267). That is by “preventing an individual, who has already been punished, from committing
In determining which crime theory is most applicable to the Andrea Yates murder case, one must establish a position on her guilt or innocence. If one agrees that the original 2001 verdict of guilty is correct then the Classical theory would best apply. Beccaria’s Classical theory asserts that people think before they proceed with criminal acts. When one commits a crime, it is because the individual decided it would be advantageous to do so, when one acts without benefit of effective punishment (Pratt, 2008). However, if one agrees with the 2006 verdict of not guilty by reason o...
She makes two points of difference between the views of deterrence and the moral education theory. First, in the moral view of education, the state is concerned to educate its citizens morally so they will not choose the wrong behavior (Hampton, 276). Secondly, the criminal is not to be used for social engineering (Hampton, 276). The second point is important. Deterrence justification of punishment is often used as a warning or an example to others to not do this action. Eventually, that would be a side effect of any public form of punishment which the moral view of education does not rule out. However, deterrence’s means to the end is a social purpose, using the criminal as the
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.
Henry’s character is introduced in the movie when his cousin Mark, who is just about the same age as him, suddenly comes to stay with their family because his father had to go away on business. Mark’s mother recently passed away right in front of his eyes and he was still dealing with the repercussions of it all. Dealing with feelings of loneliness, Mark immediately developed a close bond with Henry. He found Henry to be adventurous and nice but was not aware of who Henry really was and what he was experiencing. At first, Henry seemed like a decent young boy who enjoyed experimenting with new things. On ...
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 ...
Theory is an important part of discovering and understanding why people commit crime. It is difficult to understand how a prejudice or bias towards someone can be linked to criminal behavior. The general theory of crime coined by Travis Hirschi and Michael Gottfredson can be applied to hate crime. The general theory of crime explains that people are born pre-disposed to crime and that they have natural tendencies to commit crime (Tibbetts, 2015, p 161). The only difference between those who are criminals and non-criminals would be their self-control (Tibbetts, 2015, p 161). Self-control is a key component to the general theory of crime. Not everyone acts on his or her thoughts of someone criminally, or even at all. The difference between people who do not choose to commit crime, would be their difference in self-control. People who commit crime have low self-control, and people who are law-abiding citizens have high self-control.
It is hard for anyone to understand why people commit heinous crimes. We as human beings are all capable of committing or engaging in delinquent behavior. What stands in the way of a person that decides to engage in deviant behavior or to choose not to commit crimes at all. We may never truly know or understand the real reasons behind why certain people engage in delinquent behavior. Early philosophers and scientists studied the Criminal Justice System and the behavior of criminals using different forms of theories, which in turn, lead to the Classical School and the Positive School.
It also advocated for the abolition of the death penalty. Discretion used by judges was unlimited, which saw extremely inconsistent and harsh penalties applied to offenders, with disadvantaged offenders being given much harsher penalties than those offenders with a higher social status (Monachesi, 1955). The Classical School of Criminology worked off four main principles: firstly, that individuals act according to their rationality and their own free will, secondly, individuals will weigh up the benefits of committing the crime and compare the benefits to the consequences if they are caught, thirdly, the severity of the punishment must be tied closely with the severity of the crime to act as a deterrent to others and finally, the punishment must be carried out swiftly in an attempt to deter and reduce further crime (Jenkins,