Classicism (Week 2) Flashcards

1
Q

who are the two main theorists of classism?

A

Beccaria and Bentham

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2
Q

how is law and the criminal justice seen?

A
protects human rights
intrinsically good
reflects reasoned beliefs of law makers
based on individual rights
consensus of society of good and bad
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3
Q

crime is?

A

a free choice, an irrational thought

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4
Q

beccaria focused more on what than what?

A

prevention more important than punishment

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5
Q

the implication of classicism on law making?

A

the law should be clarified, by codifying, simplifying and making accessible.
eg. case laws, reducing suspended sentencing, punishment must outweigh gain of crime

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6
Q

WHat did beccaria think of crime and society?

A

Crime was an injury to society

the basis of all social action should be ultilitarian concept of greates happiness for greatest number of all peopl

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7
Q

what is just deserts?

A

basis of sentencing reform in western society
individual discretion and rehab should aim
justice must be served
it must be seen
focus is on the offence not the offender

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8
Q

how does the classical theory describe humans?

A
they have the capacity to reason
they have free will
self interested self seeking hedonistic 
voluntaristic
rights holders
free choosing 
rational beings
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