Classical Theorists in Criminology - Beccaria and Bentham

CLASSICAL THEORISTS IN CRIMINOLOGY

Beccaria and Bentham

LEADING PROPONENTS OF CLASSICAL SCHOOL

Cesare Beccaria (On Crimes and Punishment, 1764)

  • On Crimes and Punishments (1764)

    • Major impact on reformers and academics; considered a landmark in modern thinking on crime and punishment.

    • Important feature: integration of major political and social ideas prominent in 18th-century Europe.

    • Offered a wide-ranging analysis of law, crime and punishment; incorporated moral, economic, and philosophical analyses of human nature and social order.

Beccaria's Reformist Arguments Against:

  • Aristocratic privilege.

  • Church authority.

  • Judicial torture.

  • Death penalty.

  • Arbitrary decision-making.

  • Brutal punishments.

CESARE BECCARIA (1738-1794)

Major Ideas:

  1. Utilitarianism

  2. Social Contract

  3. Inalienable Natural Rights

Social Contract Theories:

  • Borrowing from Hobbes (Leviathan 1651):

    • Human nature is seen as fundamentally self-serving, leading to the notion of a 'war of all against all' if left unchecked.

    • Consequently, individuals surrender a portion of their freedom to enter into a contract with the State to ensure peace.

    • This contract requires individuals to respect the property and integrity of fellow citizens.

  • Beccaria's Definition:

    • "Laws are the conditions under which men, naturally independent, united themselves in society. Weary of living in a continual state of war, and of enjoying a liberty that became of little value, due to the uncertainty of its duration, they sacrificed part of it to enjoy the remainder in peace and security. The sum of the liberty portions of each individual constituted the sovereignty of a nation; deposited in the hands of the sovereign as a lawful administrator."

    • Emphasizes the need to defend this sovereign deposit from individual usurpations, indicating an inherent human tendency to encroach on others' rights.

Concepts of Crime and Punishment:

  • Crime as a Breach of Social Contract:

    • Crime is an injury to society as a whole.

    • The State has a duty to protect individual rights and uphold the social contract.

    • Emphasizes that prevention of crime is more critical than punishment itself.

The Nature of Punishment:

  • Individuals are seen as hedonistic, influenced by a desire to increase pleasure and decrease pain (Hobbesian perspective).

  • Rational agents assess their options and act to enhance pleasure. Thus, punishment must be:

    • Inevitable.

    • Consistent.

    • Proportionate.

    • Swift.

  • Deterrence Theory:

    • The pain of punishment should serve as a deterrent.

    • Incorporation of the threat of punishment aims to influence behavior.

Key Principles in Punishment:

  1. Consistency: Same kind and severity of punishment should always follow a particular crime.

  2. Proportionality: More serious crimes warrant more severe punishments.

  3. Swiftness: Quick association between crime and punishment helps rational actors refrain from criminal actions.

  • Beccaria's Insight:

    • "The end of punishment is to prevent the criminal from causing further harm and to deter others from similar offenses. The form of punishment should leave the least torment while making a significant impression on society."

LEADING PROPONENTS OF CLASSICAL SCHOOL continued

Jeremy Bentham (Introduction to the Principles of Morals and Legislation, 1789)

JEREMY BENTHAM (1748-1832)

  • Known as the father of utilitarianism.

  • Heavily influenced by Beccaria.

  • Developed the concept of the Panopticon for prison reform.

Key Concepts:

  1. Pain-Pleasure Ratio

    • Human actions driven by the desire to maximize pleasure while minimizing pain.

  2. Punishment as Prevention

    • It is necessary yet should be appropriately calculated to be effective.

PANOPTICON:

  • Design Features:

    • One prisoner per cell; officers could view prisoners from a central watchtower.

    • Prisoners could not see each other or the officers.

    • Bentham aimed to persuade governments to adopt this design.

  • Philosophical Underpinning:

    • Advocated for improving prison conditions but believed that prisons should not be overly comfortable, serving primarily as correctional institutions.

Critiques and Proposals:

  • Criticized arbitrary common law; advocated for codification of criminal laws, making them predictable and accessible to the public.

  • Proposed democratic reforms including:

    • Universal suffrage.

    • Secret ballots.

    • Annual elections.

    • Impeachment procedures for elected officials.

  • Viewed punishment as a necessary evil, essential for governmental coercion.

Application of Penal Law:

  • Actions influenced by the calculus of pain and pleasure.

  • Pain should be rationally determined to prevent crime effectively.

  • Law aims not for 'justice' but for 'security'; a stable society allows rational agents to plan and contribute to the collective happiness.

  • Emphasized that punishment was to be limited to the minimum necessary to prevent future crimes, arguing that retribution was irrational and oppressive.