unit 2: classical theory

Question 1

what is classical theory

Answer 1

this arrised because of such harsh legal systems back in the day that a group of thinkers and writers came up with it.
the focus of this theory was to reform the legal system so that it was just and effective in controlling crimes.

Question 2

focus of analysis

Answer 2

• specific offense, needs specific written down laws

- the offense is the main focus here, the punishment will be given accordingly

Question 3

deterrence

Answer 3

controlling crime by creating a threat of punishment

Question 4

2 types of deterrence

Answer 4

specific deterrence: crime directed at a specific individual, with CJS history
ex. parole
general deterrence: directed at all members of society.
ex. going to prison

Question 5

very important person for classical theory

• he was opposed to arbitrary nature of judicial decision
• said humans are selfish and self-interested
• swiftness and certainty are most effective deterrents than severity
• punishments should be proportionate to the crime, to ensure the greater good

Answer 5

Cesare Beccaria,

wrote crime and punishment

Question 6

• consensus in a society of what constitutes good vs bad
• believed criminal behavior was reducible to the pleasure-pain principle
• rule of law
  if we want crime to stop we have to up the pain

Answer 6

Jeremy Bentham

Question 7

rule of law

Answer 7

cornerstone of democratic society

- everyone is subjective to the law, everyone is equal under the law and no one is exempt from the law

Question 8

• conflicts of power and the rule of law resulted in a rejection of traditional forms of authority and beliefs about punishments
• from feudalism to capitalism
• serfs= people under lords
• begins the discussion of classical theory

Answer 8

17-century england

Question 9

feudalism

Answer 9

power in the hands of aristocracy by repression and fewer rights for the wider population

Question 10

capitalism

Answer 10

economic system where economic activity is primarly directed toward the production of commodities for sale in the market

Question 11

• the basis of criminal law and punishment was put into question
• personal ties and connections of power was the way they dealt with criminals

Answer 11

18th century europe

Question 12

• both revolutions happen, america and french, so power was changing
• went from monarchy to a more responsible universal law where equality was guaranteed
• concept of individual rights came along with the capitalist class
• social class was then ignored within the criminal justice system

Answer 12

when everything started, the rule of law rather than the ruling of class

Question 13

response to crime

Answer 13

• pleasure-pain principle
• reform of the legal system to make it more accessible
• punish, achieve rather than revenge

Question 14

brutalization effect

Answer 14

no torture or death penalty as they are ineffective and more harmful than helpful

Question 15

causes of crime

Answer 15

• individual choice

- irrational decisions

Question 16

nature of the offender

Answer 16

any of us can commit a crime
we all have free will
self-interest
and equal capacity to reason

Question 17

just desserts

Answer 17

was an approach to sentencing rests on a classical foundation:

1. no one other than the guilty of the crime must be punished
2. anyone found guilty of a crime must be punished for the crime
3. punishment will be given out accordingly
4. but it shouldn’t be less than the degree of the crime

Question 18

2 criminologists in canada

• harsher prison sentences do not deter crime
• mandatory minimum sentences do not recidivism
• may increase crime rather than preventing it

Answer 18

Webster and Dobb

Question 19

• had problems with fairness
• neglect inequalities
• and the difference between formal law and substantive law

Answer 19

problems with this theory