C.J. in class lecture 3

Survival and Law Enforcement

• Societies historically required cooperation for survival.

• Punishments were enacted in tribal societies to maintain order and discourage actions against the community.

Transition to Neoclassical Theory

• The shift to neoclassical theories considers crime as an inherent part of human nature.

• Biological, psychological, and social factors contribute to the causation of crime.

Establishing Punishments and Laws

• Laws are established to prevent anarchy and chaos, requiring a minimum sacrifice of individual liberties.

• Understanding the rationale behind punishments and the establishment of laws is crucial.

Types of Deterrent Punishments

• General Deterrent: Aimed at society as a whole, deterring the general population from committing crimes.

• Specific Deterrent: Targeted at individual offenders, tailored to their specific crimes.

  • Example: If Mario commits a crime and is sentenced to ten years in prison, his punishment serves as a specific deterrent for him.

Classical Theory of Punishment

• Originated during the Enlightenment period, emphasizing a social contract among individuals.

• Key characteristics of classical theory include:

  • Harsh Punishments: Quick, certain, and necessary, dictated by law.

  • Corruption Elimination: Aimed to eliminate biases in the administration of justice that favored the wealthy and educated.

Characteristics of Classical Theory

• Clear and simple laws that are unbiased and represent public agreement on definitions of crime.

• Mental health conditions or developmental levels were not considered in the execution of punishments.

• Similar treatment across different types of offenses, disregarding personal circumstances.

Neoclassical Adjustments

• Recognition of mental health and developmental factors in understanding crime.

• Introduction of elements such as premeditation as a measure of free will.

• Mitigating circumstances examined for potential reductions in culpability:

  • Age: Youth can be considered a mitigating factor.

  • Biological Conditions: Health conditions affecting behavior.

  • Situational Factors: Contextual elements that influence an individual’s actions.

Conclusion

• Both classical and neoclassical theories contribute to contemporary understandings of law and punishment, integrating ideas of free will while recognizing mitigating circumstances.