The Influence Of Classical School Of Criminology On Modern Justice System

In present day society, the way toward arraigning criminals takes a generally notable example from Classicism. The Classical School of Criminology was presented against tyranny and oppression in regards to the criminal justice system of the 18th century. Before classicism ever existed, criminal discipline was primitive and painful. Arbitraries would use punishments on criminals that were known to be inhumane. In the advancement of the criminal equity framework, it currently directs its procedure of equity following various rules that were set down for the organization of equity. Such procedure was from Enlightenment reformers of the late eighteenth and mid nineteenth hundreds of years. Characteristics of Classicism include but not limited to fair treatment of law and disciplines proportionate to the wrongdoing, libertarianism, the dismissal of individualized discipline, the idea of proportionality, utilitarianism, the idea of unrestrained choice, conviction and quickness of discipline, and the reasons for wrongdoing. Despite the fact that these old style highlights established the frameworks of a significant part of the criminal justice system, the old style principle has been exposed to different reactions in our society.

The Classical School of Criminology emerged during the 18th century, “There were two main contributors to this theory of criminology and they were Jeremy Bentham and Cesare de Beccaria” (Law Teacher, LawTeacher, 17 Apr. 2019). Cesare de Beccaria (March 15, 1738-November 28, 1794) was an Italian criminologist “, jurist, philosopher, and politician.” (Wikipedia, Wikimedia Foundation, 13 May 2020). Jeremy Bentham (February 15, 1748-June 6, 1832), Bentham was “an English philosopher, jurist, and social reformer” (Wikipedia, Wikimedia Foundation, 13 May 2020). With similar backgrounds both of these philosophers were born during the age of Enlightenment. Cesare de Beccaria was “most frequently referred to as a punishment reformer and he staunchly advocated the principle of ‘no crime without law’'(Chapter 4. Classical Criminology). The theory of Classicism “deviated from the demonological theory and cleared the irrational thinking that was linked to the evil spirit or the possessing of demons in the individual body which was seen as the main reason for the causation of crime” (Thilakarathna , K. A. A. N. “Classical School of Criminology and Its Application in the Sri Lankan Criminal Justice System .” July 2019).

The goal of both of these philosophers, Jeremy Betham & Cesare De Beccaria, was to reduce the abuse of the judicial systems in the eighteenth century, as well as “founding fathers of the classical school of criminology” (Law Teacher, LawTeacher, 17 Apr. 2019). Jeremy Bethams contribution to the theory of Classism was based on his believe of Utilitarianism, which was also founded by Jeremy Betham, “Utilitarianism is a family of consequentialist ethical theories that promotes actions that maximize happiness and well-being for the affected individuals” (Wikipedia, Wikimedia Foundation, 13 May 2020). Utilitarianism is the theory that morality’s purpose is to make life better by “increasing the amount of good things (such as pleasure and happiness) in the world and decreasing the amount of bad things (such as pain and unhappiness)”(Wikipedia, Wikimedia Foundation, 13 May 2020). This theory relates to the theory of pleasure-pain principle, founded by Sigmund Freud, the theory suggests that an individual will make a choice in order to decrease the pain or increase pleasure. It also suggests that the pleasure-pain principle plays a huge role into the decisions that an individual will take in order to achieve pleasure without pain. Betham also believed that “crime was committed on the outset, by individuals who seek to gain excitement, money, sex or anything of value to the individual” (Law Teacher, LawTeacher, 17 Apr. 2019). In other words, people commit an act of injustice for pleasure or anything that might mean something more ‘exciting’ to the felon.

Cesare de Beccaria “(1764/1963: 93) stated that; ‘It is better to prevent crimes than to punish them’” (Law Teacher, LawTeacher, 17 Apr. 2019) .Cesare de Beccaria communicates not just the requirement for the criminal equity framework, yet in addition to the administration’s entitlement to have laws and disciplines. He has faith in the implicit agreement or the possibility that free will and discerning people settled on a decision to live in the general public as opposed to living alone. This being said, Cesare de Beccaria believed that everyone had a free will in all the choices they made. Cesare de Beccaria is best known “for his 1764 work On Crimes and Punishments in which he advocated an end to torture and the death penalty” (“Online Library of Liberty.” Cesare Bonesana Di Beccaria – Online Library of Liberty). These philosophers believed that the death penalty did not in any sort of way deter crime rates, however, “Bentham also believes, if the severity of the punishment should slightly outweigh the crime then surely capital punishment should be used, there doesn’t seem to be any stronger a deterrent to other criminals thinking of undertaking the same criminal behaviour, than seeing another eradicated due to their actions” (Law Teacher, LawTeacher, 17 Apr. 2019). When it came to crime Cesare de Beccaria believed “that laws needed to be put into place in order to make punishments consistent and in line with the crime” (Law Teacher, LawTeacher, 17 Apr. 2019). When it comes to the reduction of crime Cesare de Beccaria suggested three main ideas to deter crime “these being the certainty of the crime and how likely it is to happen, the celerity of the crime and how quickly the punishment is inflicted and also the severity of the crime, and how much pain is inflicted” (Law Teacher, LawTeacher, 17 Apr. 2019). In other words, he believed that the punishment should be severe and proportionate as the crime committed by the criminal.

The Classical School can be acknowledged for disposing of the nonsensical strategies for deciding wrongdoing causation through the strict accepts that won generally of the medieval period. It very well may be additionally refreshing for acquiring some sanity clarifying wrongdoing causation. It characterized wrongdoing in legitimate terms and put their accentuation on the through and through freedom of mankind and made them answerable for their own duty, which was a takeoff from the pre-old style thought. They put stock in discouragement and discussed executing discipline for offenses, and this worked in the social orders where these hypotheses rose.

The development of the jury framework is additionally connected with the thinking about the Classical School. They were against the optional forces of the appointed authorities in choosing criminal issues. So as to abridge this circumspection as a reasonable method, they were instrumental in presenting the jury framework in the criminal equity process. Beccaria argued that “the legislatures should establish a fixed legal scale of crimes, ranging from the least serious to the most serious, and a corresponding fixed scale of punishments, proportional to the offenses, ranging from the least severe to the most severe” (Classical Criminology – Crime, Beccaria, Punishment, and Social – JRank Articles). The traditional school, however it helped the people to escape from the legends and demonology, old style school itself has genuine and significant defects. As it characterized wrongdoing in lawful terms, the accentuation was on the criminal demonstration instead of on the individual who carried out it. Because of this reality the genuine explanations behind wrongdoing causation were not clarified as the classists neglected to consider the episodes of violations from an outer perspective. As a result of this explanation, the old style school had confidence in equivalent discipline for comparable offenses dismissing the outside elements which were later condemned for being excessively fake and unforgiving. In ignoring the palliating factors in wrongdoing causation, the classists got silly and their hypothesis not, at this point got realistic. It didn’t consider different techniques for criminal equity separated from discouragement and revenge. Old style schools neglected to value the estimation of foundations, for example, restoration and reorganization. It additionally came up short on the logical vigil of the positive school. With the last improvements in the logical information and innovation, the old-style belief was practically awful as the neo-traditional masterminds in their particular contemporary settings.

The School of Classicism has highly influenced how criminals are treated in the justice system. One of the most important ways that the theory of Classicism has helped the justice system is that when criminals are prosecuted, the judge can only give the felon a punishment that is equal to the crime he committed. Cesare de Beccaria believed that ‘it is better to prevent crimes than to punish them (Beccaria, 1764/1963:93)”(Chapter 4. Classical Criminology). Nowadays, people who committed a crime can be given jail time or rehabilitation. Rehabilitation is considered to be better than jail time for some because “Rehabilitation gives one a chance to learn about his/her debilitating problems and offers for one to learn how to change their behavior in order to not commit crime. Incarceration (punishment) puts the offender in a confines of a cell in order for one to think about the crime he/she committed” (“Rehabilitation Versus Punishment in the Adult Justice System”(Criminal Justice Degree, College, and Career Blog). This relates to what Cesare de Beccaria believed because the Classical School of Criminology “emphasizes the ideas that people make choices to commit crime and that punishment should be about preventing future crimes from being committed”(STUDY.COM). Meaning that crimes will occur but with rehabilitation, individuals are more likely to refrain from committing any acts against the law. However, the excessive use of force does not correlate to the reduction of crime rates. The criminal justice system also adapted to Cesare de Beccaria’s three principles of punishment and deterrence of crime; swift, certain, and severe. Swift meaning that discipline must be quick to be compelling. You can’t have the discipline wait or the discipline and the wrongdoing lose their affiliation. Certain is that the individuals must realize they will be rebuffed for their illicit conduct – can’t have individuals dodge the law under any conditions. Lastly, severe must be sufficiently serious to exceed the compensations of the illicit activity – seriousness and proportionality are once in a while at chances particularly since every individual is distinctive as far as what comprises an ‘extreme’ discipline. Due to these principles, Cesare de Beccaria “believed that laws should be designed to preserve public safety and order, not to avenge crime. To ensure a rational and fair penal structure, punishments for specific crimes must be decreed by written criminal codes, and the discretionary powers of judges severely curtailed” (Chapter 4. Classical Criminology). Cesare de Beccaria argued that the role of judges was to determine the innocence or guilt in an individual during a trial, either speedy or not, and that if the judge were to act as the ‘bringer of punishment’ it would be considered as tyrannical.

In conclusion, the path toward charging crooks takes a for the most part remarkable model from Classicism. The Classical School of Criminology was introduced against oppression and abuse concerning the criminal equity arrangement of the eighteenth century. Before elegance at any point existed, criminal order was crude and agonizing. Arbitraries would utilize disciplines on hoodlums that were known to be insensitive. In the headway of the criminal value system, it as of now coordinates its technique of value keeping different guidelines that were set down for the association of value. Such methodology was from Enlightenment reformers of the late eighteenth and mid nineteenth many years. Qualities of Classicism incorporate yet not constrained to reasonable treatment of law and orders proportionate to the bad behavior, libertarianism, the excusal of individualized control, the possibility of proportionality, utilitarianism, the possibility of over the top decision, conviction and snappiness of control, and the explanations behind bad behavior. In spite of the way that these old style features set up the structures of a noteworthy piece of the criminal equity framework, the old style rule has been presented to various responses in our general public. From Classicism came Neo-Classicism which introduced legal rights such as; Life, Liberty and security of person, Search or seizure and self crimination. Based on this, we can tell that Cesare de Beccarias and Jeremy Bethams ideas contributed to the constitution, legal rights to the citizens and the reduction for someone to succumb to tyranny.