1 / 14

Classical Theory- Utilitarianism

Classical Theory- Utilitarianism. Classical Criminology comes from the Utilitarian views contemporary to the mid-eighteenth century Cartesian Dichotomy (Rene Descartes 1596-1650) Power and Reasoning are divine gifts, setting Man apart from any other form of life Man had free will

Mercy
Télécharger la présentation

Classical Theory- Utilitarianism

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Classical Theory- Utilitarianism • Classical Criminology comes from the Utilitarian views contemporary to the mid-eighteenth century • Cartesian Dichotomy (Rene Descartes 1596-1650) • Power and Reasoning are divine gifts, setting Man apart from any other form of life • Man had free will • All Human conduct was an exercise of this free will • Behavior had to be useful, purposeful and reasonable

  2. Classical Theory-Deterrence • The premise of Classical Theory are based on a persons rational exercise of free will • Persons who obey or break the law calculate the amount of “pleasure” derived from the act versus the amount of “pain” if punished for the act.

  3. Classical Theory • If a person believes the legal penalty threatens more pain than the gain, they will not commit the crime • Their calculation is based on • Own experience with punishment • The likelihood they will get caught • Their knowledge of the law • Their awareness of what punishment has been given in the past

  4. Cesare Beccaria (1738-1794) • “Pain Avoidance” and fear of punishment would discourage a crime violator • In order for a criminal to fear punishment, the punishment had to be clearly stated

  5. Cesare Beccaria • All criminals should receive identical punishments: Regardless of age, sanity, wealth, position or circumstance • Punishment for crimes should be determined in advance • The penalty should be severe enough to overcome the pleasures.

  6. Beccaria • Dei delitti e elle pene or “A Treatise on Crime and Punishment” • Eventually modified so that children and “lunatics” were exempted from punishment • Beccaria is credited with eliminating torture and severe punishment (like hanging for petit larceny) • Beccaria advocated ridding the justice system of corruption

  7. Cesare Beccaria • Certainty and Celerity • “The more immediately after the commission of a crime a punishment is inflicted, the more just and useful it will be”

  8. Jeremy Bentham • Beccaria was Italian. In Italy, his ideas were not warmly received • Jeremy Bentham (1742-1832), philosopher and jurist, supported The Classical School in England. • Bentham was one of the philosophical founders of Utilitarianism

  9. Jeremy Bentham • Agreed with the Deterrence Theory Doctrine • “…for each crime a punishment whose pains would outweigh any possible pleasure to be gained from them and by assuring the certain and swift administration of justice, rational men, deterred by the realization that a net loss will inevitably result from the criminal act, will refrain from breaking the law.”

  10. Classical School • If the “Punishment most fit the crime” does that mean that “pain for gain” is the same for everyone? • Does this mean that legislature should have an exact scale of crimes with an exact scale of punishments?

  11. Specific Deterrence • If I know that when I was caught the first time, I was severely punished. I do not want that again.

  12. General Deterrence • The punishment for that crime is rather severe. I would not commit that crime because I do not want that.

  13. Deterrence Doctrine The philosophical foundation for western criminal law

  14. Modern Adaptations • Blumstein (1978) • “…longer sentences, if not a deterrent, will keep an inmate in longer” • President Clinton ”Violent Crime Control Act and Law Enforcement Act of 1994”

More Related