CRIM111 - Assignment 2 - about classicla theory talks about beccaria and bentham and weakness and sttenghs PDF

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Cesare Beccaria (1738-1794), the Marquis of Beccaria, along with British philosopher Jeremy Bentham (1748-1832), was a leading proponent of the classical school of criminological theory. Beccaria's book On Crimes and Punishments, first published in 1764, became the foundation for the classical theory of criminology. Beccaria (1764/1963:93) argued that; ‘It is better to prevent crimes than to punish them’.

Bentham's contribution to 'classical' theory is founded on the fact that he was a utilitarian, concerned in the pleasure and well-being of individuals, and therefore thinking that punishment, in the form of pain, should always be justified in terms of a larger good. The concept that human behaviour is focused towards maximising pleasure and minimising suffering was crucial to Bentham's work (the pleasure-pain principle). Bentham believed that crime was committed from the beginning by individuals seeking pleasure, money, sex, or anything else of value to them.

Classical criminology holds the concept that an individual commits a criminal offense after weighing the benefits and drawbacks. This indicates that the decision to commit a crime was premeditated, implying that it was a deliberate decision. It is assumed that the individual has a choice between committing a crime and abiding by the law. If an individual chooses to break the law, then a system of punishment must be implemented. When a crime is committed, the perpetrator receives a certain level of pleasure; to counteract this pleasure, punishments must be implemented. The fear of pain, according to "classicists," is the most powerful influence over a person exercising their discretion. The penalty served to the criminal must be severe enough to outweigh the pleasure and satisfaction gained from committing the crime. This view, which is based on individuals’ having a choice, appeals to politicians as it focuses the burden exclusively on the individual, rather than on society.

Classical criminology’s primary purpose of punishment is deterrence. Because the benefits of committing a crime outweigh the risk of doing so, the recommended punishment should be strong enough to deter illegal behaviour. Classical criminology acknowledges that committing a crime brings benefits or pleasure. A punishment that is severe enough to negate the pleasure is appropriate. When the penalty is harsh enough, people will refrain from committing crimes out of fear of being punished.

The proportionality of the sanctions to the prior offenses is a basic demand of the classical school of criminology. Beccaria believed that the severity of punishment should be proportional to the harm done. The arbitrary application of justice, as well as excessively harsh and ineffective punishments, must be condemned. It is vital to establish clear, lawful, and equal regulations for everyone in terms of punishment and severity of punishments, which should be based solely on the act itself and not on the person who committed the offense. As a result, for the same offenses, the same sanctions must be applied consistently, which must be properly adhered to in writing.

The utilitarianism theory of English political philosopher Jeremy Bentham is founded on the premise that rules must be established to ensure the security and pleasure of the majority of society. His thesis is founded on the assumption that humans will always examine the repercussions of their acts, calculating the potential pain of punishment against the gain of the crime. This view, on the other hand, assumes that every crime is committed while the offenders are of sound mind. It ignores the fact that often crime is perpetrated while a person is under the influence of alcohol or drugs, and these influences will certainly substantially affect the perpetrator's judgement.

The classical school of criminology grew out of a reaction against the barbaric system of law, punishment, and justice that existed. There was no real system of criminal justice in Europe during that period, where some crimes were specified, and others were not. Judges had discretionary power to convict an individual for an act that was not even legally defined as criminal. The school of thought is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. According to classical criminologists, individuals have free will. They can choose legal or illegal means to get what they want. The fear of punishment can deter them from committing crimes and society can control behaviour by making the pain of punishment greater than the pleasure of the criminal gains.

A critique of the Classical School of Thought is that by treating everyone equally, it fails to acknowledge issues of incapacity (mental health, intellectual disability, maturity, etc.)

Despite its importance, classicism has been criticised from a variety of opposing viewpoints. Positivists disagree with the concept that people have free will when it comes to criminal behaviour, arguing that a variety of external (social, economic) or internal (biological, psychological) causes drive people to commit crimes. Sociologists have criticised classicism's individualistic slant, claiming that it ignores how social connections and relationships affect people's understandings of crime and criminality, as well as their subsequent behaviour. Cultural criminologists have recently challenged the assumption that criminal behaviour is the result of logical calculation, arguing that significant emotional factors shape offending. Despite these misgivings, classicism continues to wield considerable force in modern criminology, and therefore in criminal justice and crime-control tactics.

Classical thought emerged at a period of profound social change, notably the transition from feudalism to capitalism. Classical ideology attempted to encourage individual rights as equal and rational. People, according to this viewpoint, are naturally self-seeking and endowed with free choice. This free will, along with a rational judicial process that discourages individuals from misbehaving, will ensure that few have the incentive to transgress. Under this system, punishment will be meted out without regard for the offender's "nature," and in such a way that the pain of punishment transcends the gain from the offense.

References Introduction to Criminology, Chapter 4: Classical criminology

Teacher, Law. (November 2013). The Classical School of Criminology. Retrieved from https://www.lawteacher.net/free-law-essays/criminology/the-classical-school-of-criminological.p hp?vref=1 Gilbert Geis, Pioneers in Criminology VII--Jeremy Bentham (1748-1832), 46 J. Crim. L. Criminology & Police Sci. 159 (1955-1956) Cesare Beccaria: Theories, Impact & Jurisprudence. (2014, May 29). Retrieved from https://study.com/academy/lesson/cesare-beccaria-theories-impact-jurisprudence.html....