WEEK 2: CLASSICAL SCHOOL OF CRIMINOLOGY (CESARE BECCARIA & JEREMY BENTHAM)

Pre lim - 2nd sem

Classical School of Criminology

A school of thought that views crime as a result of free will and rational choice

Free Will

The ability of individuals to make choices independently and rationally, without being controlled by biological or social forces

Rational Choice

The idea that offenders make decisions by weighing the expected pleasure or gain against the possible pain or punishment.

Hedonistic Calculus

A concept introduced by Jeremy Bentham that measures pleasure and pain based on factors such as intensity, duration, certainty, and severity

Deterrence

Punishment should prevent crime by making it swift, certain, and proportionate.

• General deterrence – discourages the public from committing crimes

• Specific deterrence – prevents the offender from reoffending

6. Proportionality of Punishment

The severity of punishment should match the seriousness of the crime.

CESARE BECCARIA (1738–1794)

Key Work: On Crimes and Punishments (1764)

• Main Ideas:

• Laws must be clear and publicly known

• Punishment should be swift and certain

• Torture and death penalty are unjust

• Purpose of punishment is deterrence, not revenge

• Judges should not interpret laws arbitrarily

• Beccaria’s Contribution: He laid the foundation for modern criminal justice systems,

emphasizing due process and human rights.

JEREMY BENTHAM (1748–1832)

: Utilitarianism – “The greatest happiness of the greatest number”

• Hedonistic Calculus Factors:

• Intensity

• Duration

• Certainty

• Propinquity (nearness)

• Fecundity

• Purity

• Extent

• Bentham’s Contribution: He developed a systematic approach to measuring punishment and inspired modern policies on

deterrence and cost-benefit analysis.

REAL-LIFE EXAMPLES AND APPLICATIONS

1. Modern Criminal Law

• Fixed penalties (e.g., traffic violations)

• Sentencing guidelines

• 2. Deterrence-Based Policies

• Increased police visibility

• CCTV cameras in public places

• 3. Philippine Context

• Revised Penal Code: penalties are classified and proportionate

• Anti-drunk driving laws (penalties meant to deter behavior)

STRENGTHS AND LIMITATIONS OF THE CLASSICAL SCHOO

Strengths:

• Promotes fairness and equality before the law

• Basis of modern legal systems

• Emphasizes human rights and due process

Limitations:

•Ignores psychological, biological, and social

factors

•Assumes all individuals are rational

•Not applicable to crimes committed under

emotional distress or mental illness