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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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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