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Criminal Justice Response
Cesare Beccaria (1963) wrote that everyone possesses free will, a rational manner and a rational self-interest. This makes human action predictable and controllable, largely matters of personal choice. The task of the criminal justice system is to predict and control these deviant acts that people with freewill might do to satisfy their own personal pleasures.
A strong believer in the social contract, Beccaria believed that individuals exercised their freewill in deciding to commit crimes. Therefore, in addition to the criminal justice system, government should also create a system of laws and punishment, so that law-abiding citizens could "be defended against private usurpation by individuals" (Beccaria 1963: 43).
In this case, Beccaria would first of all look at how the crime could have been prevented. Bobby may have been feeling looked down upon by his peers, because he did not the requisite pair of tennis shoes. Educators or alert school counselors could have helped to shore up Bobby's self-esteem, so he would not have to covet the shoes so much. An alert parent or counselor could also intervene, not only in the teasing/bullying but also when Bobby started hanging out with the kind of kids who knew how to manipulate sliding glass doors. These methods of informal deterrence would help to prevent Bobby's criminal behavior.
Since he already committed the crime, Bobby would certainly need to be punished. However, Beccaria strongly argued that punishment must not be cruel, and must fit the crime. Clearly, Bobby never intended to hurt the homeowner; he broke into the home when he knew she would not be there.
Depending on the amount of property stolen, Bobby would have to pay the consequences. If this is his first offense, Bobby could be sentenced to a public form of community service, such as picking up trash by the roadside. He would also have to regularly report to a counselor. Parents could impose a strict curfew. This mixture of informal and formal methods of deterrence would help to stop Bobby from engaging in more criminal behavior.
Works Cited
Beccaria, Cesare. 1963. On Crimes and Punishment. New Jersey: Prentice Hall.
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