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 ... ... middle of paper ... ...ch towards section 810, Sureties to Keep the Peace. The Positivist School thinker would be the exact opposite as they would not be so much for section 462.37 but completely for section 810. Both schools of thought have their own advantages and disadvantages which would impact society in a tremendous way. It is relieving to see that in the 21st century, societies around the world have adopted more of the advantageous ideas and not as many disadvantageous ideas. Nonetheless, the Classical School and the Positive School work best when fused together; it should be called the Classical Positive School of Criminology. Works Cited Bentham, Jeremy. "An Introduction to the Principles of Morals and Legislation." Jacoby, Joseph E. Classics of Criminology. Illinois: Waveland Press, INC, 2004. 105-109. Gabor, Thomas. Basics of Criminology. Mcgraw-Hill Ryerson, 2010.
The central element of calculation involves a cost benefit analysis: Pleasure versus Pain, (5) Choice, with all other conditions equal, will be directed towards the maximization of individual pleasure, (6) Choice can be controlled through the perception and understanding of the potential pain or punishment that will follow an act judged to be in violation of the social good, the social contract, (7) The state is responsible for maintaining order and preserving the common good through a system of laws (this system is the embodiment of the social contract), (8) The Swiftness, Severity, and Certainty of punishment are the key elements in understanding a law's ability to control human behavior. Classical theory, however, dominated thinking about deviance for only a short time. Positivist research on the external (social, psychological, and biological) "causes" of crime focused attention on the factors that... ... middle of paper ... ...
Pollock, J. M. (2010). Ethical Dilemmas and Decisions in Criminal Justice Sixth Edition. Belmont, CA: Wadsworth Cengage Learning.
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 state of the world, and may even be reinvented.
One of the biggest concerns of criminology is the reason why the criminals commit the crimes that they do. Whether it’s due to a mental disease or genetics. Even if the criminal is healthy and has been planning it for months analyzing the consequences and results. Could the society that the criminal has grown up in ever be at fault causing him to act the way he or she did? People have been trying to find the reason that criminals commit these crimes for many years, and the numbers of theories that have been come up with looks to be the same number of criminologists. A criminologist is “one who studies the biological and sociological causes and consequences of crime and criminal behavior (such as the effects of mental defects and social environment).” Their job is to figure out why criminals acted the way they did and how to change the person in order to not repeat it, in other words rehabilitate them. Rehabilitation teaches the prisons to live a better life when let out instead of being punished in prison. When a criminal commits a crime the reason for the action is a very important part of the case and after the prisoner is behind bars, then they can find a solution for the crime to not be repeated by the same convict.
This essay will analyse a contemporary Policy document policing in the 21st century: Reconnecting police and the people. It is a document presented by the secretary of state for the Home Department by Command for Her Majesty in July 2010. It will look at how some philosophies of punishment and models of criminal justice are convincing in explaining the methods and tactics used to formulate criminal justice policies as evidence in Policing in the 21st Century: Reconnecting police and the people. Other policy documents will be looked at in other to compare their similarities. Crime control, bureaucratic models the philosophy of deterrence and rehabilitation are convincing in explaining the politics of this policy document. Due process and the other models of criminal justice has had very little or no influence in writing of this policy. The argument will be that though crime control is the main function of the police, it is not the only function. There must always be a compromise between a Due process and crime control [Newburn, T. P .561]
During the 1970’s to the early 1990’s there had emerged two new approaches to the study of crime and deviance. The discipline of criminology had expanded further introducing right and left realism, both believe in different areas and came together in order to try and get a better understanding on crime and prevention. There were many theorists that had influenced the realism approaches such as; Jock Young (Left Wing) and James Wilson (Right Wing).
Critical criminology, also known as radical criminology dates back to the concepts of Marxism. Despite the fact that Fredric Engels and Karl Marx were the founders of contemporary radical criminology, none of them gave explicit focus to crime. William Bonger (1876-1940), a Dutch criminologist was a more direct founder of this concept. It gained popularity during the early 1970s when it tried to explain the causes of contemporary social mayhem. He used economic explanations were used by critical criminology to analyze social behavior by arguing that social and economic inequalities were the main reason behind criminal behavior (Henry & Lainer, 1998). This view reduces the focus on individual criminals and elaborates that the existing crime is as a result of the capitalist system. Just like the conflict school of thought, it asserts that law is biased since it favors the ruling or the upper class and that the legal system that governs the state is meant to maintain the status quo of the ruling class. Critical criminologist are of the view that political, corporate and environmental crime are not only underreported but also inadequately punished by the existing criminal legal system.
It does not consider other factors such as criminal associations, individual traits, and inner strains, which plays significant role in determining punishment for the individuals in committing crimes. It is observed that this theory endeavours to know that whether the activities of crime as well as the victim’s choice, criminals commit the activities on start from rational decisions. The theory also determines that criminals consider different elements before committing crime. They engage in the exchange of ideas before reaching on any final decision. These elements consist of consequences of their crimes, which include revealing their families to problems or death, chances of being arrested, and others elements, which comprises of placement of surveillance systems (Walsh & Hemmens, 2010; Lichbach,
Criminology is the study of crime and criminals; a branch of sociology. More accurately, it is the study of crime as a social trend, and its overall origins, its many manifestations and its impact upon society as a whole. That makes it more a form of sociology than a law enforcement tool. But the trends it studies have a huge impact on the way the police do their jobs, the way society treats its criminals, and the way a given community goes about maintaining law and order. The writer will describe and give examples of the three perspectives of viewing crimes. The perspectives that will be highlighted are the consensus view, the conflict view or the interactionist view. Each perspective maintain its own interpretation of what constitutes criminal activities and what causes people to engage in criminal behaviors (Siegel, p.12).
5). The classical school of thought focuses on free will as the guiding force behind why people commit crime. Under this theory human beings are all deemed to be free thinking spirits and a bit hedonistic. In order to study and observe the causes of crime the classical theory suggests that criminologist should follow a path of analytic
There are many different aspects of criminal justice policy. One in particular is the different theories of crime and how they affect the criminal justice system. The Classical School of criminology is a theory about evolving from a capital punishment type of view to more humane ways of punishing people. Positivist criminology is maintaining the control of human behavior and criminal behavior. They did this through three different categories of Biological studies, which are five methodologies of crime that were mainly focused on biological theories, Psychological theories, which contains four separate theories, and the Sociological theories, which also includes four different methods of explaining why crime exists. The last theory is about Critical criminology. Their goal was to transform society in a way that would liberate and empower subordinate groups of individuals.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
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
Social harmony has become a powerful and popular indicator to asset a population’s quality of life. So much so, people’s attitude toward crime rates has shifted from a lukewarm state to a profoundly sensitive level. Accordingly, the public’s increasing fears have translated into more and more restrictive policies to punish crimes. Therefore, crime prevention is considered as a strategic approach to lessen the probability of criminal behaviors in a political community, and to maintain social-control following the heated debates on civilians’ safety.