Criminological Theory - The Classical School

Criminological Theory - The Classical School

Chapter Objectives

  • 2.1 Outline the factors that contributed to the rise of classical thought.

  • 2.2 Discuss the writing of Cesare Beccaria and its impact.

  • 2.3 Explain the contributions to criminology made by Jeremy Bentham.

  • 2.4 Summarize what is meant by the social contract.

  • 2.5 Describe the concept of deterrence and how it might be measured today.

The Classical School of Criminology

  • A movement of reform aimed at legislating a balanced criminal code.

  • Developed the first organized thoughts on:

    • Crime: Concepts and definitions.

    • Criminals: Understanding criminal behavior.

    • A criminal justice system: Structure and operations of justice systems.

Learning Objective 2.1: Factors Contributing to Classical Thought

Heritage of the Classical School

  • Emerged as a product of changes in European culture and society between 1500 and the mid-1700s; key factors included:

    • Diminished power of the aristocracy and Church.

    • Rising middle class.

    • Mercantilism.

    • Industrial revolution.

    • Urbanization.

    • Rise of the Protestant Ethic that infused new moral and ethical values.

    • Exploration of humanity which questioned traditions and norms.

    • Reactions against a capricious and cruel criminal justice system.

The Social Context of the Classical School

  • Contemporaneous ideas and beliefs that shaped writings of thinkers like Beccaria and Bentham:

    • Humanist philosophy: The belief that all men are free and possess natural rights.

    • Social justice philosophy: Critique of harsh and barbaric government practices, leading to calls for reforms.

    • Enlightenment: The belief in the power of human reason and logic.

The Focus of the Classical School

  • Primarily concerned with making punishment just, fair, proportionate, and less cruel.

  • Emphasis on eliminating torture and rethinking how crime should be addressed by law.

  • Intended to inform what political structures should be created in response to crime.

Elements of Legal Reform

  • Principles advocated for a fair legal system:

    • Uniform punishment for the same crime.

    • Laws must be impartial, equitable, and reduce discretion.

    • Clear definitions and public understanding of laws.

    • Reform existing laws and punishment structures.

    • Focus on objective law over superstition or religious dogma.

Crime-Related Beliefs

  • The purpose of punishment:

    • To defend the liberties of the community and prevent jeopardizing others' liberty.

    • Emphasis on crime prevention as a primary goal.

    • Clear laws and understanding of consequences are fundamental to reducing crime.

The Appeal of Classicism

  • Promised crime control through law enforcement and punishment system manipulation.

  • Highlighted human dignity and individual rights fostered during the Enlightenment.

  • Influential philosophers like Hume, Montaigne, and Rousseau focused on the individual and society rather than divine authority.

Principles of Classical Philosophy

  • Core tenets include:

    • Hedonism: Human behavior is motivated by pleasure-seeking and pain avoidance.

    • Free Will: Rejection of supernatural explanations for human behavior, claiming individuals make their own choices.

    • Advocacy for rational punishment, not revenge.

    • Social Contract: Individuals consent to societal regulations in return for protection, embodying the idea that individuals are responsible for each other.

Other Important Classical Philosophies

  • Law is essential for the establishment of the social contract.

  • Utilitarianism: The greatest good for the greatest number should guide law-making and enforcement.

  • Focus on Deterrence and Due Process as foundational principles for justice.

Learning Objective 2.2: Cesare Beccaria and His Impact

Cesare Beccaria (1738-1794)

  • Authored On Crime and Punishment (1764, 1767).

  • Key ideas presented in his writing:

    • Abolishment of Torture: It is unjust and ineffective.

    • Opposition to Capital Punishment: Seeing it as inappropriate.

    • Proportionality in Punishment: Punishment should not exceed what is needed for public protection.

    • Clarity in Laws: Ambiguous laws corrupt justice.

    • Due Process: The accused must have adequate time and resources to prepare a defense.

Learning Objective 2.3: Contributions of Jeremy Bentham

Jeremy Bentham (1748-1832)

  • Graduated from Oxford at age 12; authored Moral Philosophy and Theory of Legislation.

  • Notable contributions:

    • Utilitarian Principle: Advocated for the greatest good for the greatest number.

    • Proportionality in Punishment: The punishment should correspond to the crime committed.

    • Pleasure/Pain Principle: Criminals evaluate their actions based on potential gains versus possible penalties.

    • Panopticon: Proposed a prison design that reflects the economic model of discipline.

More About Jeremy Bentham

  • Emphasized that the focus of criminal law should be prevention, with punishment serving primarily as a deterrent.

  • Suggested punishment should only occur when necessary and should be economical, matching the seriousness of the crime.

Learning Objective 2.4: The Social Contract

Definition of Social Contract

  • A philosophical framework establishing the justification for government authority.

  • Describes a contract between the state and its citizens, contrasting with previous governing philosophies.

    • The state exists to serve the citizens.

    • Authority can only be exercised as granted by citizens.

Restrictions on the Social Contract

  • Individuals surrender only the minimal necessary rights to ensure the protection of all citizens.

    • Life must not be surrendered, emphasizing fundamental rights.

    • Adapted to meet the needs of the rising middle class during this period.

Learning Objective 2.5: Concept of Deterrence

Deterrence in Context

  • Defined within the Classical School as a legal concept combining utilitarian and hedonistic philosophies.

  • Assumes individuals can evaluate the relationship between personal gain from a crime and the consequences faced through punishment; hence, it requires free will.

  • Suggests people act to maximize pleasure and minimize pain in decision-making.

Assumptions of Deterrence

  • Individuals will act in self-interest unless restrained, creating the need for deterrence.

  • Deterrence is equated with restraint from pursuing personal gain that violates others' rights.

  • The state's role is to punish behaviors that infringe on the rights of others, upholding the social contract.

Two Forms of Deterrence

  • Specific Deterrence: Punishment applied directly to offenders designed to inhibit future violations by altering perceived gains.

  • General Deterrence: Deters the general population through public acknowledgment of punishments, thereby discouraging similar transgressions.

Elements of Deterrence

  • Celerity: Refers to the quickness with which punishment follows the crime.

  • Certainty: The probability of being apprehended and subsequently punished.

  • Severity: The harshness of punishment in relation to the crime committed.

Problems for Deterrence

  • The principle states that punishment needs to effectively counteract potential gains from crime.

  • Excessive punishment might waste limited resources and generate unintended consequences (e.g. Bentham's objections to the death penalty).

  • Challenges remain in how to factor in previously unpunished or unrecognized offenses in a deterrent framework.

Neo-Classical Period

  • Saw development of Classical frameworks in the first half of the 1800s, but faced new complexities.

  • Maintained belief in free will while addressing mitigating circumstances in criminal behavior.

Neo-Classical Modifications

  • Introduced judicial discretion.

  • Recognized extenuating circumstances affecting responsibility.

  • Distinguished the moral culpability of children regarding their right/wrong decisions and began accepting mental illness defenses.

Example: McNaughten Rule

  • Case involving McNaughten, who attempted to assassinate Sir Robert Peel.

  • The court found him insane; establishing the precedent that a defense based on insanity requires proof of a severe mental disorder affecting awareness of the act's nature and morality.

Chapter Summary Points

  1. Individuals possess free will in a world where rational choices are made, alongside a natural inclination towards self-interest and pleasure seeking.

  2. People have intrinsic rights including life, liberty, and property, surrendering only what is necessary for the state to ensure societal regulation for collective benefit.

  3. Legislators enact laws preserving civil rights, detailing procedures and defining violations of societal standards.

  4. Crime is defined as a transgression against the social contract and a moral offense.

  5. All individuals are equal and deserve equal treatment under the law.

  6. Punishment is justifiable solely to uphold the social contract.

  7. The primary objective of punishment is to prevent future crimes by deterring detrimental behavior, using only essential measures to counteract gains from harmful actions.