Classical School of Thought (Classical Theory of Criminology) by Cesare Beccaria- Paul John Azores

Summary

In this criminology lesson, Mr. Criminology delves into the classical school of criminology, emphasizing its significance in the field. The theory, spearheaded by Cesar Beccaria, arose as a response to the brutal legal systems of the time, advocating for justice and clear laws. Beccaria's 'Essay on Crimes and Punishments' influenced modern penal reforms, advocating against torture and promoting the idea that punishment should fit the crime. The classical school posits that individuals exercise free will in choosing to commit crimes, and society can deter criminal behavior by ensuring the pain of punishment outweighs the pleasure gained from crime.

Takeaways

• 📚 The Classical School of Criminology is a foundational theory in the field, emphasizing the importance of rational thought and free will in criminal behavior.
• 👨‍🏫 Cesare Beccaria is recognized as the father of Classical Criminology, with his work 'On Crimes and Punishments' being pivotal in shaping modern penal reforms.
• 🏛️ The Classical School emerged as a reaction against the barbaric systems of law and punishment prevalent during Beccaria's time, advocating for a more just and rational approach to criminal justice.
• 🧠 It posits that individuals commit crimes after rationally weighing the consequences, suggesting that the fear of punishment can deter criminal behavior.
• 🔍 The theory introduces the concept of 'hedonism', where individuals are driven by the pursuit of pleasure and avoidance of pain, influencing their decision to engage in criminal activities.
• 📉 The Classical School does not differentiate between adults and minors or the mentally handicapped in terms of free will; all are held equally accountable for their actions.
• 🏢 Beccaria's ideas influenced the reform of penal codes in France, Russia, and the U.S., and are foundational to the criminal jurisprudence and correctional administration.
• 🚫 The school opposes the use of torture to extract confessions, advocating for clear and certain criminal laws with uniform judgments for similar crimes.
• ⏰ Punishments should be prompt, fitting the crime, and aimed at preventing future offenses, with a preference for life imprisonment over capital punishment.
• 🛡️ The ultimate goal of the Classical School is crime prevention, with the belief that it is more effective and resourceful to prevent crime than to punish it after the fact.

Q & A

What is the classical school of criminology?

The classical school of criminology is a theory that emerged as a reaction against the barbaric system of law and punishment. It is based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions, emphasizing free will and the idea that fear of punishment can deter criminal behavior.

Who is Cesare Beccaria and why is he significant?

Cesare Beccaria, full name Cesare Bonesana Beccaria, was an Italian philosopher and a prominent figure in the classical school of criminology. He is best known for his essay 'On Crimes and Punishments,' which presented key ideas on the abolition of torture as a means of extracting confessions and influenced modern penal reforms.

What is the concept of free will in the classical school of criminology?

In the classical school of criminology, the concept of free will suggests that individuals have the freedom to choose whether to abide by the law or to break it. This choice is based on the individual's assessment of the potential pleasure and pain associated with their actions.

What is the hedonistic principle in the classical school of criminology?

The hedonistic principle in the classical school of criminology refers to the idea that individuals are motivated by the pursuit of pleasure and the avoidance of pain. This principle is used to explain why people might commit crimes if they believe the pleasure gained outweighs the potential pain of punishment.

How does the classical school of criminology view the punishment of crimes?

The classical school of criminology advocates for punishment that is proportionate to the crime committed, with the aim of preventing the criminal from committing new offenses and deterring others from doing the same. The famous principle from this school is 'let the punishment fit the crime.'

What are the key contributions of Cesare Beccaria to the field of criminology?

Cesare Beccaria's key contributions include advocating for the abolition of torture as a means of extracting confessions, promoting clear and certain criminal laws, and emphasizing the importance of uniform judgments in similar crimes. His work influenced the reform of penal codes in France, Russia, and the first ten amendments to the U.S. Constitution.

How does the classical school of criminology differentiate between adults and minors or the mentally handicapped?

The classical school of criminology does not make a distinction between adults and minors or the mentally handicapped in terms of free will. According to this theory, once a crime is committed, the individual must be punished, regardless of their age or mental capacity.

What is the agonistic calculus and how is it related to the classical school of criminology?

The agonistic calculus, also known as the principle of hedonism, is the idea that individuals weigh the potential pain and pleasure of their actions. In the classical school of criminology, this concept is used to explain how the fear of punishment (pain) can deter individuals from committing crimes if the potential punishment outweighs the pleasure gained from the crime.

What is the role of deterrence in the classical school of criminology?

Deterrence plays a central role in the classical school of criminology. It is based on the idea that the threat of punishment can prevent individuals from committing crimes. There are two types of deterrence: specific deterrence, which aims to prevent the criminal from reoffending, and general deterrence, which uses the punishment of one individual as a lesson to deter others.

What are the key principles of Cesare Beccaria regarding criminal justice as outlined in his essay 'On Crimes and Punishments'?

Cesare Beccaria's key principles in 'On Crimes and Punishments' include the need for public safety, the requirement for clear and certain criminal laws, the necessity of uniform judgments for similar crimes, the specification of the degree of evidence needed for detention, the public nature of accusations, the inadmissibility of torture to obtain confessions, the promptness of punishment, and the belief that the aim of punishment should be crime prevention.

How does the classical school of criminology view capital punishment?

The classical school of criminology, as represented by Cesare Beccaria, views capital punishment as inefficacious and suggests that life imprisonment should be substituted for the death penalty. Beccaria argued that the death penalty does not effectively deter crime and that other forms of punishment could be more effective.