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Classical Criminology And Its Theories

Classical school of thought that originated during the Enlightenment transformed the approach to the crime and punishment based on rationality of actors, their free will and the concept of deterrence. The main assumption is that people act with purpose and take calculated decisions of their choices. This means then that the authorities of law and justice upheld by Cesare Beccaria and Jeremy Bentham pointed to the fairness of punishment where it is proportional and certain and swift in order to deter the criminals effectively. Their theories provided foundation to the modern criminal justice standards, that support laws that are specific, enforced and administered equally.

This article provides an insight to the basic concept of the classical criminology, basic theories connected to this concept, changes that occurred in these theories. Thus, analysing the advantages and drawbacks of this approach, the article demonstrates that classical criminology remains a useful approach for creating rational policies for crime prevention.

Introduction
Classical criminology began in the eighteenth century where there were marked improvements in knowledge and thinking referred to as the enlightenment period. It brought into the society a new approach to the issue of crime and how it was committed by changing it from something that was attributed to the supernatural to something that had a human being touch on it. This school of thought gave rise to the criminal justice theories that form the basis of the modern system of the criminal justice which was based on rationality of people as well as proportionality in dealing with offenders.

Key theories of Classical Criminology

Classical criminology is made on several main principle that have significantly influenced modern criminal justice system:
  1. Rational Choice Theory
    In criminology, rational choice theory holds that deliberate decision-making leads to criminal activity. People consider the advantages and disadvantages of both legal and illegal behaviour before committing a crime. An example of rational choice theory in criminology would be a cashier stealing the money out of a register because they believe the immediate benefits of stealing would be more advantageous than the possibility of imprisonment or losing their job. The employee may rationalize this as the better choice than following the law for various reasons, including financial strain or low wages.

    Rational choice theory also points to the necessity of establishing a legal system which uses sanctions sufficiently punitive enough to discourage people from becoming criminals. This approach presupposes that crime can be controlled through enhancement of perceived risks associated with crime and they include; certainty, swiftness and severity of punishment.
     
  2. Deterrence Theory
    A series of actions designed to make breaking the law more likely for potential offenders by raising the possibility of criminal consequences is known as crime deterrence. By ensuring that punishment will be imposed out rapidly and severely in accordance with the offence committed, deterrence methods serve to discourages criminal activity. An example of deterrence would be the installation of police cameras in a high-crime area. This increased possibility of punishment would likely discourage potential offenders in the area.

    It was clearly seen that both Beccaria and Bentham thought a great deal about the concepts of deterrence. As to Criminology, Beccaria said that the punishment should be proportional to the crime, should be certain, and immediate. Bentham extended this notion by expanding what he called "hedonic calculus" through which the amount of pleasure or pain that is likely to be sustained as a result of criminal conduct is carefully measured to determine the best way to punish.
     
  3. The Social Contract and Law
    Classical criminologists assumed that laws ought to be founded on the theory of utilitarianism, this involves a voluntary agreement between citizens and the government where the citizen agrees to observe the law if the government is to protect him or her as well as assure order in the society. As per the general principles of law, they should be written, known and the same treatment being meted out to all individuals. This assures that people do have adequate information regarding the legal consequences that they attract depending on their actions and the general public does have perceptions that the legal system is fair enough.

    The legal reforms that Beccaria then advocated and supported reflected the then ongoing utilitarian sentiment that laws should promote the greatest good of the greatest number of people even if the meant sparing innocent individuals from atrocious punishment. Again, calling for an appropriate penalty and the fairness in legal processes, the classical criminology aimed at building a logical and measurable justice that would help to regulate criminal activity.

Impact on today's Criminal Justice Systems

The principles of classical criminology can be regarded as the key levers that have influenced modern criminal justice systems throughout the world. Some of the ideas that Beccaria and Bentham embarked on like the requirement of proper matching of the extent of the punishment to the offense committed and the emphasis on deterring people from engaging in criminal activities are still widespread in the modern legal systems.
  1. Proportionality in Sentencing
    This piece looks to one of the most important ideas of classical criminology that has been preserved and developed further until today the principle of proportionality of punishment. Currently legal systems make provision for punishment to be proportional to the offense committed. This idea manifest itself in different areas that relates to criminal law such as the tariffs, the requirement of minimum sentences, and the repeal of overly severe penalties for minor crimes. So, too does the proportional approach also relate to Tex's and other offender's considerations of what is known as the mitigating and aggravating factors where sentencing is concerned. Whereas in some cases judges consider the situation of the offence and/or the offender with the objective of ensuring that the penalty suits both the crime and the offender.
     
  2. The role of Deterrence in Law Enforcement
    Enforcement Deterrence is still among the goals of the contemporary criminal justice systems. Police departments and other governmental agencies remain to work to make the perceived risks of criminal activity higher. These measures include measures like; calling in of more police officers, tougher sentences for the repeat offenders and awareness programs in a bid to discourage people from engaging in criminal activities. However, there is still a serious debate on the usefulness of deterrence as a crime control mechanisms. It has been criticized as being currently not as efficient in preventing crime as it was thought by classical criminologists since the offenders often do not think rationally or since the benefits of committing a crime are much higher than the potential costs.

Criticism of Classical Criminology

There are certain criticisms that have been leveled against the classical school of thought throughout the years. Its critics claim that the theories of classical criminology do not consider the multiple factors-social, economic, and psychological which may leads to criminal behaviour.
  1. Overemphasis on rationality
    Another common argument made against classical criminology is that it overemphasized the role of rationality. The problem with the rational theory is that people's behaviour is not entirely governed by rational decisions based on the cost-reward analysis. For example, people can engage in criminal acts based on mental disorders, drug or alcohol use, and socio-economic circumstances, none of which has a basis on rationality according to the rational choice theory.

    Also, not all criminal activities can be planned or where the offender consciously evaluates the pros and cons of his actions. Situational crime, crimes of passion, and offenses driven by drugs or alcohol do not easily lend themselves to the rational choice framework, calling into question the relevance of classical criminology to all criminal conduct.
     
  2. Lack of attention on Social Justice:
    Classical criminology has also been subjected to criticism for not including social inequity into its theories on crime. Beccaria and Bentham's theories were proposed in a period where the focus was laid upon the formation of a justice system within the society along with providing equal treatment to each citizen, across classes. But scholars have largely dismissed this by stating that they fail to consider how factors like social and economic differences can lead to criminogenic behaviours.

    For example, some individuals from disadvantaged families may find that they have few or no chances to get a job and other resources; therefore they are likely to engage in criminal acts even with the danger of being caught. Also, at this level, the legal frameworks themselves may be skewed in favour the elites, and this means that justice is not properly served and inequalities are further deepened.

Evolution of Classical Criminology

Classical criminology marked the foundation of the contemporary criminal justice model, which has been subsequently developed to overcome many of the original idea's shortcomings. Therefore, modern criminologists have developed the theory of classical criminology and included contributions from related fields like psychology, sociology, and economics.

The major drawback of classical criminology gave rise to neoclassical criminology. Although it does not deny these principles, neoclassical criminology builds upon them and recognizes that all people are not equally capable of making rational choices. This school of thought brings the issue of external circumstances, such as age, mental health, and socio-economic status as playing a possible role in any decision-making process.

Neoclassical criminologists support the relative nature of the punishment so that the criminal penalties can be adjusted depending on the circumstances. This approach aims at achieving the goal of deterrence while at the same time factoring in that not everyone is able to make rational decisions.

Psychological and sociological factors have gained significant attention in the recent past in the analysis of criminal conduct. Other theories of criminality include social learning theory, strain theory, and labeling theory, which explain why people turn into criminals basing their explanations on social context, peer pressure, and societal bad habits. These theories are different from the rational choice model; but they can be included into classical criminology to give a better understanding of crime.

For example, while in its basic form the rational choice theory simply states that people make their decisions based on their self-interest, this is subject to further elaboration by considering the social setting of the person together with his/her psychological condition. This integration helps them come up with a more comprehensive crime prevention and criminal justice policies because the commission of crime is not a product of a rational choice alone.

Conclusion
Classical school of criminology and the principles of rationality, free will and deterrence have strongly influenced the development of the criminological theory and the criminal justice system. The works of Cesare Beccaria and Jeremy Bentham are still implemented into today's legal systems concerning sentencing, crime prevention and legal change. However, it has been established that despite the usefulness of the classical criminology in the formulation of crime and its prevention, this area of study is not without its weaknesses. Concerns of its oversimplification by overemphasizing rationality; and secondly it's inability to factor in social injustice as seen below show that there is a need for improvement when it comes to criminal justice.

With the advancement in the study of criminology, the classical principles which have been put forward have been elaborated and developed into neoclassical criminology, psychological facets are included alongside sociological approaches. However, It is important to note that classical criminology was developed a long time back, but its concepts are more or less relevant today regarding understanding the relation between crime, punishment and social control. As these theories are advanced and well-defined with the ongoing changes facing current society, it will assist the criminologists and the policymakers to come up with better ways of handling the cases of crime, bringing justice to society in a logical manner.

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