Classical Criminology Based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. Grew out of

Classical CriminologyClassical Criminology

Based on the assumption that individuals Based on the assumption that individuals choose to commit crimes after weighing choose to commit crimes after weighing the consequences of their actions.the consequences of their actions.

Grew out of reaction against barbaric Grew out of reaction against barbaric system of law, punishment and justice that system of law, punishment and justice that existed before the French revolution.existed before the French revolution.

Prior to that time, there was no real Prior to that time, there was no real system of criminal justice in Europe only system of criminal justice in Europe only crimes against the state, the church and crimes against the state, the church and the crown.the crown.

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Classical Criminology: Historical Classical Criminology: Historical ContextContext

From the 14From the 14thth to 17 to 17thth centuries, the core of centuries, the core of Government in Europe was the Christian Government in Europe was the Christian church.church.

Criminal law did not exist and punishments Criminal law did not exist and punishments were arbitrarily determined.were arbitrarily determined.

During this time the “witch craze” occurred During this time the “witch craze” occurred due to the vagueness of the criminal law.due to the vagueness of the criminal law.

Public punishments were popular events.Public punishments were popular events.


Cesare BeccariaCesare Beccaria

Cesare Beccaria: one Cesare Beccaria: one of the founders of the of the founders of the classical school and the classical school and the father of criminology.father of criminology. On Crime and On Crime and

PunishmentPunishment: outlined an : outlined an enlightened criminal enlightened criminal justice system to serve justice system to serve the people and not the the people and not the monarchymonarchy


Beccaria’s PrinciplesBeccaria’s Principles

According to Beccaria, the crime problem According to Beccaria, the crime problem could be traced not to bad people but to could be traced not to bad people but to bad laws.bad laws.

Principles based in an understanding of Principles based in an understanding of society as a contract between the society as a contract between the individual and the state.individual and the state.

Contract should prevent chaos and Contract should prevent chaos and disorder.disorder.


Beccaria’s Principles (cont’d)Beccaria’s Principles (cont’d)

Legislators should create laws and Legislators should create laws and judges should impose punishment only in judges should impose punishment only in accordance with the laws.accordance with the laws.

Laws should be written down and clear.Laws should be written down and clear. Judges should not interpret the laws.Judges should not interpret the laws. Punishment should be based on the Punishment should be based on the

pleasure/pain principle.pleasure/pain principle. Punishment should be based on the act, Punishment should be based on the act,

not on the actor.not on the actor.


The punishment should be determined by the The punishment should be determined by the crime.crime.

Punishment should be prompt and effective.Punishment should be prompt and effective. All people should be treated equally, All people should be treated equally,

regardless of social standing.regardless of social standing. It is better to prevent crimes by appealing to It is better to prevent crimes by appealing to

one’s desire to avoid pain and to think one’s desire to avoid pain and to think rationally in making decisions.rationally in making decisions.

People should consider the punishment People should consider the punishment attached to criminal behaviours and remain attached to criminal behaviours and remain faithful to the social contract.faithful to the social contract.

©2012 McGraw-Hill Ryerson Ltd.

Beccaria’s Principles (cont’d)Beccaria’s Principles (cont’d)

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Jeremy Bentham – UtilitarianismJeremy Bentham – Utilitarianism

Bentham like Beccaria was concerned with Bentham like Beccaria was concerned with achieving “the greatest happiness of the achieving “the greatest happiness of the greatest number.”greatest number.”

UtilitarianismUtilitarianism assumes all human actions assumes all human actions are calculated in accordance with their are calculated in accordance with their likelihood of bringing happiness (pleasure) likelihood of bringing happiness (pleasure) or unhappiness (pain).or unhappiness (pain).


UtilitarianismUtilitarianism

Bentham proposed the Bentham proposed the felicific calculus felicific calculus where individuals are human calculators where individuals are human calculators who use factors to help decide whether a who use factors to help decide whether a particular crime is worth committing.particular crime is worth committing.

Believed in two types of deterrence – Believed in two types of deterrence – Individual Individual and and GeneralGeneral for deterring for deterring someone from reoffending.someone from reoffending.


DeterrenceDeterrence

IndividualIndividual – deters someone from – deters someone from offending again. Three strategies are: offending again. Three strategies are: Taking away from him the physical power of Taking away from him the physical power of

offending.offending. Taking away the desire of offending.Taking away the desire of offending. Making him afraid of offending.Making him afraid of offending.


GeneralGeneral – deters someone from offending – deters someone from offending at all. Uses punishment as an example.at all. Uses punishment as an example.

The punishment suffered by the offender The punishment suffered by the offender presents to every one an example of what presents to every one an example of what he himself will have to suffer, if he is guilty he himself will have to suffer, if he is guilty of the same offence.of the same offence.

©2012 McGraw-Hill Ryerson Ltd.

DeterrenceDeterrence

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Classical School EvaluationClassical School Evaluation

Universally accepted principle that Universally accepted principle that punishment must fit the crime.punishment must fit the crime.

Critics attacked the simplicity of its Critics attacked the simplicity of its argument.argument.

Some problems with the notions of Some problems with the notions of deterrence. Many would argue that deterrence. Many would argue that punishments are not sufficiently severe to punishments are not sufficiently severe to act as an effective deterrent.act as an effective deterrent.

©2012 McGraw-Hill Ryerson Ltd. LO1, LO2

Neo-Classical PerspectiveNeo-Classical Perspective

Criticism of Classical school resulted in the Criticism of Classical school resulted in the development of the Neo-classical development of the Neo-classical perspective.perspective.

Still prescribed to many of the original Still prescribed to many of the original claims of classical school, neo-classical claims of classical school, neo-classical criminologists challenge the rigidity of the criminologists challenge the rigidity of the legal system.legal system.

Proposed a modification that not everyone Proposed a modification that not everyone is equal before the law and that you need is equal before the law and that you need to individualize the treatment of offenders.to individualize the treatment of offenders.

©2012 McGraw-Hill Ryerson Ltd. LO1, LO2

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Classical Criminology Based on the assumption that individuals choose to commit crimes after weighing the consequences of their actions. Grew out of