The classical theory of criminology of the Enlightenment period ushered in several improvements to a barbaric system of justice which had been utilized throughout the Middle Ages (Bohm & Vogel, 2011). The classical theory encompassed the ideology of deterrence through the use of punishment, moreover, an importance is placed upon crime prevention through the use of punishment. This theory also held that all crimes would be treated alike, moreover, all offenders would be treated alike. The mitigating as well as extenuating circumstances surrounding the actions of the individual were ignored. This means all offenders would receive the same punishment without regard for their culpability.
The classical theory of criminology assumes that all humans
To begin with, criminal justice is a system that is designed to maintain social control, which means it is a necessary aspect of every society since “Laws are the conditions under which independent and isolated men united to form a society” (Beccaria, 1764: 16). In order words, crime control deals with the methods that are taken by a society to reduce its crime. As a matter of fact, there are various crime control strategies from community policing to risk assessments. In addition to the different tactics for controlling crime, there are several theories that not only attempt to explain the causes of crime, but also outline different ways to handle offenders; for example, deterrence, rehabilitation, and even retribution. Now, it is important to realize that there is no perfect model for crime control since there are advantages and disadvantages to every system. With this in mind, it is clear that the crime control has changed throughout recent decades, and one can easily identify these changes by drawing from situations that involve race, gender, and two theoretical perspectives.
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.
The criminology that we use today is a mixture between two schools, the classical and the positivist school. The classical school originated from the 18th century, while the positivist school came from the 19th century. With both following two different revolutions that made many scholars think about the way people act and why they act in such ways. The Classical School came after the Enlightenment period, where many people broke away from the Church and started questioning their knowledge. The positivist school followed the scientific revolution, where many believed that one could not explain reality without using some form of science.
Many people assume that punishment by death will prevent crime, but if that was true then crimes would not have been committed in the dread that the offenders will be prosecuted and put to death. History and behavior of man has revealed that normal human instinct does not prevent people from committing crimes because if it did capital punishment would never have to be used. People would have been informed about the consequences of breaking the law and everyone would be in fear of committing crimes. Unfortunately when people commit crimes they seem to not care of the consequences; so whether capital punishment is in force or not crimes are going to be committed. This paper therefore presents a strong argument that the capital punishment does not deter people from committing crimes
"Today's system, where imprisonment is a common penalty for most crimes, is a historical newcomer." Many crimes during 1718 and 1776 were punishable by death. This was usually done by hanging, sometimes by stoning, breaking on the rack and burning at the stake. Towards the end of the 1700's people realized that cruel punishment did little to reduce crime and their society was changing the population grew and people started to move around more frequently. There had to be a search for new punishments. "New punishments were to rely heavily on new ideas imported from Europe in the writing of such social thinkers of the Enlightenment as the baron de Montesquieu, Voltaire, Thomas Pain and Cesare Beccaria". These thinkers came to believe that criminals could be rehabilitated."
This system, therefore, had two effects. In my opinion, Right and wrong are inherited in the nature of things, and people cannot deny that. The punishment must be proportional to the crime. There should be as few laws as possible. With neoclassical criminology, people are to be protected from actions that would kill them an in my opinion it is not just.
The three eras that have characterized the field of criminology over the past 100 years are the “Golden Age of Research,” the “Golden Age of Theory,” and an unnamed era that was “’characterized by extensive theory testing of the dominant theories, using largely empirical methods’” (28). The “Golden Age of Research” era spanned from 1900 to 1930 according to John H. Laub. This era is identified as focusing heavily on the collection of data surrounding crime and the criminal. This data was assessed without “any particular ideational framework” (28). The second era, the “Golden Age of Theory,” spanned from 1930 to 1960, also according to Laub. This era is also rather self-explanatory, it is described by the development of theories; however, Laub
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
Philosophy of punishment In the Middle Ages punishment was created so society could take revenge against the offender. During the late 1700’s the Enlightenment or better known as, Age of reason, affected views on law and criminal justice. Cesare Beccaria was a philosopher of the Enlightenment approach and he favored it extremely. He tried to figure out what the best legal system a country could have. Punishment was to be thought of as a deterrent that is a way of encouraging individuals to follow the law for reasons of social utility. Beccaria though explicitly on what exactly are the motives of criminals. Although he saw in some cases where the motive for a crime might be money, fines would be an appropriate means of punishment. Criminal punishment is intentionally inflicting pain or other unpleasant consequences on another person.
Ezorsky, G. (1972). Philosophical Perspectives on Punishment. Justice and Punishment. Albany, New York. State University of New York. Print.
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 welfarism and popular punitivism over the course of only a few hundred years.
The classical school of criminology which was originally developed in the eighteenth century still has power in the crime prevention which is utilized in our criminal justice system in the United States today (Siegel, 2011). In fact, utilizing the very principles of the classical school of criminology lays the groundwork, in some ways, to how we prevent crime today. The components of the classical school of criminology are that people have free will, crime can be attractive, crime can possibly be controlled when there is a fear of punishment, and that punishment which is “severe, certain, and swift” will deter criminal behavior more than punishment which is not (Siegel, 2011, p. 9, para. 1). The specific deterrence basically states that
This early period of criminology was called classical criminology. The age of Classical Criminology came about in the 1700s because of the need to counteract the cruel forms of punishment which was prevalent for those times. In times before the classical period of criminology, anyone despite being of unsound mind could be convicted and receive capital or torturous punishment. “Classicalism was based on free will and rational choice” (Tim Newburn, 2007, pg114). This brought about the idea that criminals/offenders would receive equivalent punishment to the level of their offence, due to the fact that the criminals/offenders were acting upon their own free will (their own ability to act upon their own discretion). During the 18th century there were numerous campaigns by varied thinkers that forwarded the need for individual rights and a fairer justice system to be put in place. The risings that took place at this time such as the American and French revolutions kickstarted the creation of “new institutions in which political decisions were made” (Tim Newburn, 2007, pg
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
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.