Penal System In Crimes And Punishments By Cesare Beccaria Ethical Study

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An Analysis of the Proportionate Punishment for Crime and the Argument for “Mercy” in the Penal System in Crimes and Punishments by Cesare Beccaria

This ethical study will define an argument in favor of proportionate punishment and the use of “mercy” dictate the measure of justice given to lawbreakers in the Cesare Beccaria 's Crimes and Punishments. Beccaria defines the premise that punishments should be in proportion to the crime, which provides a compassionate form of punishment per the crime being committed. In some cases, this type of a Hammurabi style of punishment (an eye for an eye) may appear to be archaic, yet Beccaria was in favor of ending the death penalty. Therefore, Beccaria (20150 believed in the concept of mercy to a degree …show more content…

Beccaria (2015) believed in having compassion for crimes that were committed due to the unequal status of citizens living within the society. These aspects of crime helped Beccaria to understand the causality of crime, which was typically based on the individual’s position in the social hierarchy: “Men enslaved are more voluptuous, more debauched, and more cruel than those who are in a state of freedom” (para.2). In this manner, Beccaria (2015) is being merciful to the criminal as a victim of various social, class-based, and economic factors that bring about crime due to ignorance and desperation. These are important features of Beccaria’s (2015) theory on crime prevention in an effort to help potential criminals find legal ways in which to conduct themselves in society. Certainly, this social and legal approach can help to provide a merciful understanding of crime, which can help state officials find the means in which to prevent these crimes and avoid punishment to further aggravate the criminal …show more content…

Beccaria (2015) defines the formation of a punishment “scale’ that can ascertain the degree in which a criminal should be punished accordingly to the crime. In the 18th century, punishment for crime possessed extremely violent punishments and jail time for very small crimes, which inspired Beccaria (2015) to bring forth a merciful plea for the criminal’s treatment for these acts. More so, Beccaria (2015) brought froth one of the earliest arguments against that death penalty, since it was proven not be a deterrent for committing acts of murder. The state did not possess the authority to put a citizen death, which formed the foundation of an argument that presented the ineffective use of the death penalty as a deterrent for criminals. Finally, Beccaria (2015) argues that there should be a crime prevention method of criminal justice, which acknowledges a compassionate and merciful view of the criminal as a victim of poverty, class-bias, and other aspects of inequality that punished criminals for certain laws. Beccaria (2015) believed that criminals should be judged according a broader understanding the law per their living standards and place in society. These arguments define the importance of “mercy” as a foundation for Beccaria’s (2015) evaluation of the use of criminal punishment as a poor deterrent for crime,

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