c111 cia #2

What was Cesare Beccaria’s Essay On Crimes and Punishment About?

• Only the law can prescribe punishment

→ The law is applied equally to everyone, therefore punishment should also be equal

→ The law should be public knowledge, certain, and punishments should be clear

→ Punishment should be certain, proportionate, and designed to deter without being unnecessarily painful

→ Punishment protects the social contract

What does Beccaria think about the death penalty?

He disagrees with the death penalty because it contradicts what society condemns.

Utilitarian Theory of Punishment

• Forward-looking and focuses on the greater good of society (punishment should benefit society as a whole)

→ Example: Deterrent punishments

Jeremy Bentham (1748-1882)

• The founder of Utilitarianism

• Stuffed and displayed at the University of London

• Hedonistic Calculus - Maximize happiness/pleasure for the majority

• An action is morally justifiable if it guarantees the greatest benefit for the greatest number of people

Jeremy Bentham on Punishment

• Bentham believed that punishment should be used as a tool for deterrence

• Punishment is a necessary evil and should only be inflicted to prevent greater harm

Bentham’s Deterrence Theory 

Bentham’s deterrence theory says that punishment must:

→ Prevent future crimes

→ Be certain enough to be effective

→ Be severe enough to outweigh the benefits of the crime but not more than necessary

Jeremy Bentham on Capital Punishment

If it serves the purpose of doing better for the greater good/utility, then it should be done.

Forward Looking Theories of Punishment

• Focuses on the future and emphasizes the effectiveness of punishment in deterring crime

→ Deterrence

→ Incapacitation/Imprisonment

→ Rehabilitation/Recovery

Let’s Compare Bentham and Beccaria

• Bentham's utilitarianism argues for punishment to create fear of future harm

• Beccaria's utilitarianism emphasizes that the certainty of punishment is the strongest deterrent

What does Deterrence require?

1. Certainty: a relatively high likelihood that you are going to be punished

2. Swiftness: the idea that it is quick enough, punishment is carried out in a certain amount of time

3. Severity/proportionate: severe enough that it keeps a person from doing that behavior

Deterrence Premise Offender Perspective

• Offenders will weigh the benefits of crime against the pain of punishment

David Nagin’s Deterrence in the 21st Century

• The gov’t emphasizes severe punishment of nonviolent crimes instead of certainty of getting caught

• He argues certainty of getting caught, not severity of punishment, deters crime most effectively

• Targeted/stronger deterrence

→ Increase on focused Policing Strategies (e.g., Hot Spots Policing)

→ Evidence-based practices like Gang Intervention Programs

Would a deterrence supporter/think of punishing an innocent?

Yes, if the value in the future is greater than the harm in the present, then deterrence says that the punishment is okay

When Brute Force Fails - Kleiman (pt. 1)

• Too much mass incarceration (brute force)

• Punishment should be swift, certain, and proportionate, not severe

• Probation system is flawed → inconsistent, harsh

When Brute Force Fails - Kleiman (pt. 2)

• Use fewer, clearer rules w/ consistent & quick consequences 

• Supports reformed community supervision in place of prison

• Argues that we should target high-risk offenders, focus on deterrence, and swift and certain punishment 

Kant’s view of the categorical imperative, the purpose of punishing the criminal + what theory of punishment does his philosophy fall under?

• Kant’s categorical imperative: Only do acts that can be universalized/We should act in ways that are morally right

• The purpose of punishment is to deliver justice because they deserve it, not for social benefit

• Punishment must be proportionate to the crime

• Theory type: Retributive theory