Classical explanations of crime

Question 1

Key writers

Answer 1

Cesare Beccaria

Jeremy Bentham

Question 2

Emergence of classical criminology

Answer 2

It was a response to spiritualist approaches (good vs evil)

Question 3

Key ideas

Answer 3

• All individuals are capable of committing crimes.

- Pleasure-pain principle.

Question 4

What should punishment be like?

Answer 4

• Fixed strictly in proportion to the seriousness of the offence.
• No flexibility in sentencing.
• Must be swift.
• Prevention is better.

Question 5

Initial reaction

Answer 5

The ideas informed the French legal codes following the revolution and the US Bill of Rights.

Question 6

Criticisms

Answer 6

• Crime did not decline as the CJS embraced the classical ideas.
• They still treated recidivists and first-time offenders the same.
• Assumed everyone had free will and so did was not inclusive of children or mentally ill people.

Question 7

Neo-Classicism compromise

Answer 7

• Revised the idea of free will, saying sane adults are fully responsible for actions but recognised some are not.
• Some recognition that innate factors MIGHT influence crime for some.
• Idea of mitigating circumstances.
• Focus on criminal, not just crime.
• Mitigating circumstances.

Question 8

Impact on policy and practice.

Answer 8

• Concept of intent to determine whether the act was criminal.
• Culpability (responsibility) for action.
• Harsher sentences for serious offences.
• Consistency and less flexibility.
• Restoration of USA capital punishment.
• Growth of community-based punishments.