Decision Making by Criminals
The issue of whether decision making by criminals is a rational process is a heated topic of discussion when one asserts that crime is the role of choice. Before the classical school of criminology, crime was thought to be the product of the paranormal occurrence of demons, witches, ghouls, and other creatures. The time prior to the classical school of criminology, called the preclassical era, is divided in two parts. Before the time of state intervention into private matters, each individual dealt with violations of their rights. This was a problem because of the continuous cycle of violence being perpetuated. Soon the State (and even the Church) took on the task of dispensing law and order to the masses of the Middle Ages. This led to a period called the Holy Inquisition which lasted from the twelfth century to the eighteenth century. During the Holy Inquisition, punishment that was harsh and capricious was the norm. Also, there was no protection against bogus allegations, meaning, the burden of proof was on the accused to prove his/her innocence.
The classical school of criminology was a response to the harsh times of the Holy Inquisition. It was a product of the Enlightenment, seeking to replace the notions of the divine rights of royalty and clergy with rationalism, intellectualism, and humanitarianism. The two chief ambassadors of the classical school of criminology are Cesare Beccaria (1738-1794) and Jeremy Bentham (1748-1832). Beccaria is widely recognized as the father of the classical school of criminology. In his essay Dei deliti e delle pene (On Crimes and Punishment), Beccaria asserted that humans are rational, have free will, and are hedonistic. He also claimed that crime can be prevented by convincing warnings of punishments. To succeed in preventing crime, certainty, severity, and celerity of punishment must be present. Jeremy Bentham embraced the utilitarian philosophy of replacing harsh and capricious punishments with humane punishments and protection against bogus allegations.
The classical school of criminology was the foundation of the modern criminal justice system in the Western world. Criminal law and criminal procedure now assume that people are rational actors, thanks to the classical school of criminology. In addition, penalties for crime became more humane and policing turned to ...
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Secondly, the society is based on consensus which displays the matter of traditional aspects of crime. Thirdly, orthodox criminology is based on a historical traditional methodology. Fourthly, police and state organizations have been described as deterrence and rehabilitation through the court system. Fifthly, Orthodox criminology crime issue describes the focus that society is a problematic study which is focusing on the criminal himself of herself. Therefore, this displays a more narrow solution to the individual themselves instead of the society. “Finally, the last orthodox criminology is a distinctive behavior that described as law” (Lynch & Michalowski, p.65). “In the study of crime that it’s stated the orthodox criminology has the acknowledgement of general theories” (Lynch & Michalowski,
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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).
The Classical School of criminology was founded by "European legal authorities that thought crime was caused by supernatural forces" (DeKeseredy & Schwartz, 1996, p.155) preceding the 1700's. The catch phrase "The devil made him do it" was very popular because of the thought that people who committed crimes were sinners or people who didn't follow God. Those who didn't follow God were known as heretics and this following led to the connection of church and state where torture or execution could happen to anyone that the government thought to be evil or a part of witchcraft. Since the Middle Ages didn't have equal rights for all, women and the poor were usually the ones being prosecuted. With all of the problems of the times, the government found and made scapegoats out of these people, and blamed them of the troubles that were occurring. As DeKeseredy and Schwartz (1996, p.156) stated, "the most common way of determining guilt was through torture. It was a simple system: if you confessed, you were executed: is you did not confess, the torture continued until you died." This system of killing people was a well-respected way of running the criminal justice system. As time passed, the punishments turned away from inflicting pain on the body and turned more towards inflicting pain on the soul. This meant that imprisonment of long periods of time was going to take place of executions.
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
Criminal Justice has been around since the biblical times. The first documented murder was between Cain and Abel. Although back in the biblical times, it was not recognized as a structured criminal justice system. Major Gade studied at University of Dayton School of Law had stated in his thesis, “Sin and crime were correlative. The law was divine, often with citations to the Bible. The courts were a secular arm of the church. Colonial criminal justice systems reaffirmed the community's religious aim and reflected popular culture”. Justice was handled on a more immoral level, such as, an eye for an eye, hangings, beating, stoning, and repeat offenders would be expelled from the community. These penalties would often lead to a bias resolution for said crimes. Therefore, the outcome not resulting in the true meaning of justice as we know and enforce today. In history, no matter what age the crime was committed, anyone committing a crime would be punished the same. In the middle ages, the justice system changed with fewer severities. As we know now, there is a set limit of age on which a crime is performed. Usually this age would start at age eighteen and up, but there is a discrepancy on certain crimes. In the years to follow adult and adolescent punishments became s...