Lec 2: The Classical School and Early Criminological Thought

CRMN: 2850: Classical Theories of Crime

Pre-Classical Perspective

Early explanations of criminality that attributed criminal behaviour to supernatural or religious causes, such as demonic possession or evil spirits. Common responses included exorcisms, surgeries like breaking open the skull, torture, beheading, and burning at the stake

Age of Enlightenment

A philosophical movement that shifted thinking toward reason, democracy, and systemic fairness, forming the foundation for classical criminology

Key Enlightenment Ideas

The fundamental beliefs that human beings are rational decision-makers and possess free will to choose their actions

Social Contract

A concept (associated with thinkers like Thomas Hobbes) stating that individuals agree to follow societal rules in exchange for government protection of their rights to life, liberty, and happiness

The Classical School of Criminology & Cesare Beccaria

The first formal, "bona fide" theory of crime, grounded in Enlightenment philosophy. Significant implications for criminology

On Crimes and Punishments (1764)

The founding text of classical criminology, written by Cesare Beccaria at age 26. Published anonymously due to its revolutionary critique of authoritarian, arbitrary, and unjust justice systems.

In this, he emphasized:

• Justice systems ruled by authoritarian governments

• The justice system is ironically very unjust

Focus on Actus Reus (The Act)

Beccaria argued that set punishments defined by legislatures should focus strictly on the criminal act and its harm to society, applying identical consequences for similar acts regardless of class or background

Exclusion of Mens Rea

Beccaria's classical framework intentionally ignored the guilty mind/intent, judge discretion, or personal context—a strict approach that modern justice systems deviate from by considering intent (e.g., degrees of murder)

Opposition to Torture

Beccaria condemned torture as a cruel, customary practice that produces unreliable confessions and unjust results

Public & Transparent Justice

The principle that laws ("the sacred code") and trials should be public, clear, and understandable to all citizens, as public knowledge and education reduce crime. People need to know what the laws and decisions are

Opposition to the Death Penalty

Beccaria opposed capital punishment, arguing that it violates the social contract, sets a negative example for society, and is a less effective deterrent than long-duration punishment

Deterrence Theory

Founded by Beccaria, assuming that punishment can be structured to deter crime.

Before him, it was believed that people are “born good or bad,” but he did not believe this and argued that people have free will to choose their own destiny. Therefore, each individual can choose to commit or not commit a crime

Beccaria: Characteristics of Punishment

1. Swiftness (or ‘celerity’)

2. Certainty

3. Severity

Swiftness (Celerity)

How quickly punishment follows the crime. Crucial so the human mind closely associates the crime with its painful consequence. Beccaria noted this as the most neglected element

Certainty

The likelihood of being caught and punished. If someone knows that if they commit a crime, they will be caught, then they are less likely to commit the crime. Beccaria and modern studies highlight this as having the strongest impact on deterring crime

Severity

The requirement that the pain of punishment must equal or slightly outweigh the benefits of the criminal act. Excessively severe punishment is tyrannical, inhumane, and can lead to higher crime rates

Specific Deterrence

Focuses directly on the individual offender to prevent them from reoffending. Also called “individual” and “special” deterrence. Example: Diversion programs that hold an individual accountable privately.

General Deterrence

Focuses on potential offenders and society as a whole by making punishment public, showing the community that crime does not pay. Beccaria considered this through crime prevention as the primary goal of good legislation. Example: public hearings

Beccaria: Enormous Influence and Impact 

• Revolutionary ideas, which is why it was published anonymously

• Due process

• Trial by Jury

• Right to speedy trial

• Right to confront/cross-examine witnesses

• Public nature of system

• Certainty/severity of punishment — all of these exist within our CJS today

Jeremy Bentham

English theorist who spread Beccaria's philosophy in Britain, adding greater specificity to classical concepts such as utilitarianism and the hedonistic calculus in An Introduction to the Principles of Morals and Legislation.

Utilitarianism

The framework proposing that individuals naturally act to maximize pleasure and minimize pain. At the state level, laws should be designed to promote the "greatest good for the greatest number"

Hedonistic Calculus

The rational mental calculation of weighing anticipated pleasure against potential pain.

• If pain outweighs the benefit — lower likelihood of engaging in the activity

• If benefit outweighs the pain — higher likelihood of engaging in the activity

Neoclassical School

An adaptation of classical theory that emerged after strictly applying Beccaria's ideas (such as in post-Revolutionary France) revealed that punishing all individuals identically for the same act was problematic — Beccaria proposes that there should be no weight on intent, only the act, BUT most modern states deviate from Beccaria’s notion 

Classical vs. Neoclassical Distinction

While the Classical School focuses solely on the act without regard to intent, the Neoclassical School introduces individual and situational context into sentencing—taking into account factors like first-time vs. repeat offending, youth, self-defence, or absence of malicious intent. It still retains core classical concepts like free will, rationality, social contract, and deterrence

Loss of Dominance

During the 19th century, classicism lost its dominant status as scientific perspectives (such as Darwin's evolutionary theory) shifted focus away from pure free will toward biological and environmental determinism. Governments moved toward the Neoclassical model

Rational Choice Theory

A 20th-century re-emergence of classical thinking developed by Derek Cornish and Ronald Clarke (The Reasoning Criminal), combining classical deterrence concepts with economics. Based on the expected utility principle, it views offenders as rational decision-makers who calculate costs versus benefits before acting

Rational Choice: Policy Implications 

• Variety based on deterrence theory

• Found throughout the criminal justice system:

  • Police

  • Courts

  • Corrections